Legislative Update
The 2009 Maryland General Assembly session is now over and it was very successful for victims of domestic violence. Working with the Governor and the Lt. Governor, we were able to pass several very important domestic violence bills. This includes two bills which will make it much harder for abusers in protective orders to have guns. The bill to allow judges to remove guns from abusers at the temporary protective order was first introduced by Delegate Ann Marie Doory (our board member) in 1999. We were also successful in passing several other bills that will help victims of domestic violence. Thank you to everyone who contacted their representative in support of our efforts.
Listed below is a short summary of the bills we were tracking.
HB 296/SB 267 – Family Law- Protective Orders – Surrender of Firearms – This is the Governor’s bill. It would require the judge to order the respondent in a protective order to surrender any firearms in his/her possession for the duration of the protective order. It would also order a respondent to refrain from possessing any firearms for the duration of the protective order. Passed in the House on a vote of 98 – 38. Passed in the Senate on a vote of 31 - 16.
HB 302/SB 268 – Family Law – Temporary Protective Orders – Surrender of Firearms – This is the Governor’s bill. It would allow a judge to order the removal of firearms at the temporary protective order hearing. Under current law, firearms may only be removed at the final protective order hearing. Passed in the House on a vote of 92 – 45. Passed in the Senate on a vote of 31 - 16.
HB 98/SB 601 – Domestic Violence – Temporary Protective Orders – Extension – This bill would extend the amount a time a judge is authorized to extend a temporary protective order from 30 days to 6 months to effectuate service. This bill would be tremendously helpful in cases where the respondent could not be served with the temporary protective order. Without this change, the temporary order expires after 30 days, if it cannot be served. Passed in the House on a vote of 137 – 0. Passed in the Senate on a vote of 46 – 0.
HB 464/SB 714 - Domestic Violence - Interim and Temporary Protective Orders - Custody of Minor Child – This bill would authorize a judge to order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of an interim or temporary protective order. Last year, we supported a bill that changed the law to give the court the authority to order this in final protective orders. This would extend to authority to interim and temporary protective orders. Passed in the House on a vote of 98 – 40. Passed in the Senate on a vote of 46 – 0.
HB 971/SB 811 - Domestic Violence – Duration of Protective Order – Subsequent Act of Abuse – This bill would allow a court to issue a 2 year protective order if the respondent commits another act of abuse within one year after the expiration of the prior protective order. Passed in the House on a vote of 137 – 0. Passed in the Senate on a vote of 46 – 0.
HB 845/SB 1049 – Domestic Violence – Tween/Teen Dating Violence Education and Awareness – This bill would require the State Board of Education to develop and implement in the public schools a program to educate students about dating violence. The bill was substantially amended to encourage the County Boards of Education to incorporate dating violence into the health education curriculum. Passed in the Senate on a vote of 45 – 0 and in the House on a vote of 131 – 0.
HB 1196 – Domestic Violence – Protective Orders – Notification of Service. This bill would require the Department of Public Safety and Correctional Services to notify the petitioner of the service on a respondent of an interim or temporary protective order within one hour after law enforcement electronically notifies the Department. Passed in the House on a vote of 134 – 0. Passed in the Senate on a vote of 47 – 0.
HB 717/SB 740 - Family Law - Child Custody Determinations - This bill would codify existing custody law. Currently, all of the custody laws in Maryland are set out in case law. During the last several years, there has been a lot of criticism that custody law in not written in the statute books. This is an attempt to codify all of the custody case law into one written statute to make it easier for non-lawyers to navigate. No vote in either chamber.
HB 901/SB 736 - Domestic Violence - Cruelty Toward a Pet or Service Animal -This bill authorizes a court in an interim, temporary, or final protective order to order a respondent to remain away from a specified pet or refrain from cruelty or aggravated cruelty toward a pet. Passed in the Senate on a vote of 43 – 3. No vote in the House.
HB 912/SB 677 – Criminal Procedure - Warrantless Arrests – Violation of Protective Order – This bill would clarify when a law enforcement officer can make a warrantless arrest for a violation of a protective order. No vote in either chamber.
HB 1181/SB 467 - Domestic Violence - Expungement of Records – This bill would authorize courts to order the expungement of certain civil domestic violence records. The House of Ruth is opposing it because victims of domestic violence are frequently coerced by their abusers into taking legal action to the abuser’s benefit and the victim’s detriment. All too often, victims are coerced into not calling the police for help, not filing for a protective order or criminal charges, or, when a case has already been filed, not showing up for court or requesting that the case be dismissed. Such coercion often takes the form of threats or further violence. Domestic violence perpetrators already try to pressure victims to drop protective orders or recant their testimony. This pressure will increase if abusers have the ability to expunge domestic violence cases if they can convince their victims to drop the protective order and say that nothing ever happened. Favorable with amendments by the House Judiciary Committee. Defeated on the floor of the House. Move to reconsider passed. Recommitted to House Judiciary Committee. No vote in the Senate.
SB 532 - Peace Orders and Protective Orders - Service of Process on Nonresidents – This bill would allow petitioners in out-of-state protective order cases to hire a private process server to serve the temporary protective order instead of using law enforcement. No vote in the Senate.
HB 56 - Domestic Violence - Conditions of Probation - Order to Carry or Wear a Global Positioning System Device – This bill would allow a court to order a defendant in certain domestic violence criminal cases to wear a GPS device as a condition of probation. It would also provide the victim with an electronic receptor device capable of receiving information that notifies her/him of the defendant's proximity. Unfavorable report House Judiciary Committee.
HB 118 - Domestic Violence - Domestic Violence Central Repository – This bill would require the Administrative Office of the Courts to maintain a Domestic Violence Central Repository to provide immediate access to domestic violence orders by judges, court personnel, and law enforcement. No vote in the House.
HB 213 – Domestic Violence – Attorney’s Fees – Pro Bono Attorneys – This bill would allow a judge to order a respondent in a protective order hearing to pay the attorney’s fees incurred by the petitioner. This bill specifically allows for payment to an organization or attorney who is representing a petitioner on a pro bono basis. Unfavorable report House Judiciary Committee.
