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2011 Legislative Agenda
DOMESTIC VIOLENCE LEGISLATION

Updated 4/14/2011

FINAL REPORT

BILLS SUPPORTED BY MNADV
MNADV Priority Legislation

HB 819/SB 593 ▪ Crimes – Definition of Serious Physical Injury – Strangulation and Suffocation
Lead House sponsor: Delegate Kathleen Dumais
Lead Senate sponsor: Senators Jamie Raskin and Nancy Jacobs
The proposed legislation would facilitate the prosecution of strangulation as a crime by revising the definition of serious physical injury to include strangulation and suffocation in the first degree assault statute.

Hearing: HB 819 – House Judiciary Committee – March 3, 2011.
SB 593 - Passed Senate. Hearing on SB 593: House Judiciary Committee – March 30, 2011.
No vote taken on either bill in House Judiciary Committee.

HB 667/SB 342 ▪ Peace Orders – Extension of Duration
Lead House sponsor: Delegate Susan Lee
Lead Senate sponsors: Senators Victor Ramirez and Jennie Forehand
The legislation, as amended, would allow a judge the discretion to grant an extension of a peace order for an additional six months after a hearing.

PASSED House and Senate. Signed by Governor on April 12, 2011.

HB 666/SB 480 ▪ Courts – Peace Orders - Penalties
Lead House sponsor: Delegate Susan Lee
Lead Senate sponsors: Senators Jennie Forehand and Victor Ramirez
The proposed legislation amends the peace order to include graduated penalties for a first offense and then a second or subsequent offense that matches the language in the protective order statute.

PASSED House and Senate. Signed by the Governor on April 12, 2011.

HB 416/SB 653 ▪ Family Law – Domestic Violence – Definition of Abuse
Lead House sponsor: Delegate Susan Lee
Lead Senate sponsor: Senator Jennie Forehand
The proposed legislation would amend the definition of abuse so that abuse under the protective order includes the same elements of abuse under the peace order statute. The acts of abuse that are included in the peace order statute and are not included in the protective order statute are harassment under 3-803 of the Criminal Law Article; trespass under Title 6, Subtitle 4 of the Criminal Law Article; and malicious destruction of property under section 6-301 of the Criminal Law Article.

HB 416 – Unfavorable report in House Judiciary Committee.
SB 653 – Unfavorable report in Senate Judicial Proceedings Committee.

HB 663 ▪ Crimes – Committing a Crime of Violence in the Presence of a Minor - Penalties
Lead House sponsor: Delegate Luis Simmons
The proposed legislation would add an enhanced penalty so that conviction for certain crimes of violence committed in the presence of a child may permit the court to impose additional jail time.

Passed House. No vote taken in Senate Judicial Proceedings Committee.

OTHER BILLS SUPPORTED BY MNADV

HB 386/SB 667 ▪ Education – Tween/Teen Dating Violence (Kristin Marie Mitchell Law)
Lead House sponsor: Delegate Jill Carter
Lead Senate sponsor: Senator Anthony Muse
This bill would require the State Board of Education to adopt a program to educate students about dating violence, including services provided to victims of dating violence; altering the definition of “victim of domestic violence” to include a dating relationship; and requiring the Governor to proclaim the first week in February “Tween/Teen Dating Violence Education and Awareness Week.”

No vote in House Judiciary Committee or Ways and Means Committee Unfavorable report in Education Health and Environmental Affairs Committee. No hearing in Senate Judicial Proceedings Committee.

HB 407/SB 747 ▪ Domestic Violence – Cruelty Toward a Pet or Service Animal Domestic Violence - Additional Relief - Award of Temporary Possession of Pet
Lead House sponsor: Delegate Susan McComas
Lead Senate sponsor: Senator Norman Stone
This bill, as amended, would authorize a District Court Commissioner/judge to order the temporary possession of a pet in an interim, temporary, or final protective order.

PASSED House and Senate.

HB 510 ▪ Criminal Law – Peace Orders, Stalking, and Harassment Criminal Law -Harassment - Penalties
Lead House sponsor: Delegate Jeff Waldstreicher
This bill, as amended, would add a penalty for a second or subsequent offense for harassment.

PASSED House and Senate.

HB 647/SB 317 ▪ Property and Casualty Insurance Homeowners Insurance – Victims of Crimes of Violence – Discrimination Prohibited
Lead House sponsor: Delegate Aisha Braveboy
Lead Senate sponsors: Senators Paul Pinsky and David Brinkley
This bill, as amended, would prohibit insurers from using information about an individual’s
status as a victim of a crime of violence to take certain actions relating to a homeowner’s
insurance policy or denying payment to an innocent co-insured person.

PASSED House and Senate.

HB 812/SB 617 ▪ Public Schools – Dating Violence – Policy and Disciplinary Standards
Lead House sponsor: Delegate Ben Kramer
Lead Senate sponsor: Senator Roger Manno
This bill would add dating violence to the current law that requires the reporting of bullying, harassment or intimidation, the development of a model policy prohibiting these behaviours, and developing educational programs to prevent these behaviours.

HB 812 - Passed House. Unfavorable report in Senate Education Health and Environmental Affairs Committee.

HB 816 ▪ Family Law – Child Custody Determinations
Lead House sponsor: Delegate Kathleen Dumais
This bill would specify the procedures for court determinations of legal and physical custody of minor children.

No vote taken in House Judiciary Committee.

HB 820/SB 651▪ Crimes - Domestic Violence Assault
Lead House sponsor: Delegate Kathleen Dumais
Lead Senate sponsor: Senator Victor Ramirez
This bill would create a misdemeanor crime of domestic violence assault and provide for enhanced penalties for subsequent convictions.

No vote taken in either House Judiciary Committee or Senate Judicial Proceedings Committee.

HB 1018 ▪ Family Law – Protective Orders – Additional Relief
Lead House sponsor: Delegate Glen Glass
This bill, as amended, would authorize a judge, in a final protective order, to order the
respondent to remain a specified distance away from a person eligible for relief.

Passed House and Senate with different amendments.

HB 1047 ▪ Rental Housing – Tenant Victim of Domestic Violence or Sexual Assault – Lease Payment Obligation
Lead House sponsor: Delegate Cheryl Glenn
A follow-up to last year’s Rental Housing legislation. This bill would affect a tenant’s future liability in terminating a residential lease if the tenant is a victim of domestic violence or sexual assault, and it would not terminate or impact the liability of a tenant who is a respondent in a protective or peace order.

PASSED House and Senate. Signed by the Governor on April 12, 2011.

HB 1169/SB 919 ▪ Courts – Testimony by Spouses – Central Registry of Records of Refusals
Lead House sponsor: Delegate Norman Conway
Lead Senate sponsor: Senator James Mathias
This bill would create a central registry for records relating to cases where a spouse asserted spousal privilege in an assault.

HB 1169 - Unfavorable report in House Judiciary Committee. BILL WITHDRAWN
Hearing: SB 919 – Senate Judicial Proceedings Committee – March 22, 2011. Hearing cancelled. BILL WITHDRAWN

SB 50 ▪ Criminal Procedure – Victim’s Compensation – Temporary Lodging for Domestic Violence Victims
Lead Senate sponsor: Senator James Brochin
This bill would enable the Criminal Injuries Compensation Board (CICB) to pay for temporary lodging for domestic violence victims. The CICB supports this legislation and will work with local domestic violence programs to provide funds for shelter or motel/hotel stays and ensure that victims receive safety planning and support services.

Passed Senate. No vote in House Judiciary Committee.

SB 178/HB 162 ▪ Criminal Law – Child Neglect – Penalties
Lead House sponsor: The Speaker (By Request – Administration)
Lead Senate sponsor: The President (By Request – Administration)
This bill, as amended, would create a misdemeanor crime of child neglect that would prohibit a parent, family member, household member, or other person who has permanent or temporary care or supervision of a minor child from neglecting the minor and establishes penalties for violations.

Support with amendments.

PASSED House and Senate.

SB 643 ▪ Human Relations – Housing Discrimination – Source of Income
Lead Senate sponsors: Senators Lisa Gladden and Jamie Raskin
This bill would prohibit a person to refuse to sell or rent a dwelling to any person because of their source of income.

No vote in Senate Judicial Proceedings Committee.

SB 650/HB 1331 ▪ Peace Orders – Surrender of Firearms
Lead Senate sponsor: Senator Victor Ramirez
Lead House sponsor: Delegate Jeff Waldstreicher
This bill authorizes a court to order the surrender of firearms in temporary and final peace orders.

Unfavorable report in Senate Judicial Proceedings Committee. No hearing scheduled in House.

SB 674 ▪ Domestic Violence – Protective Orders – Additional Relief
Lead Senate sponsor: Senator Nancy Jacobs
Would authorize a judge to include in a final protective order any other relief the judge determines is appropriate under the circumstances to protect a victim of domestic violence.

No vote in Senate Judicial Proceedings Committee.

Funding for Domestic Violence Programs

The MNADV will actively advocate to maintain current state funding for domestic violence programs in Maryland to prevent any cutbacks in services to domestic violence victims and survivors.

HB 739 ▪ Sexual Assault Crisis Programs and Domestic Violence Programs – Transfer to the Governor’s Office of Crime Control and Prevention
Lead House sponsor: Chair, Appropriations Committee (By Request – Departmental – Human Resources)
Transfers responsibility and funding for sexual assault crisis programs and domestic violence programs from the Department of Human Resources to the Governor’s Office of Crime Control and Prevention.
 

PASSED House and Senate.

HB 805 ▪ Domestic Violence – Timely Reporting
Lead House sponsor: Delegate Tiffany Alston
This bill would require that a petition for a protective order be filed within 30 days of the occurrence of the abuse.

Unfavorable report in House Judiciary Committee. BILL WITHDRAWN

HB 872 ▪ Family Law – Final Protective Order – Global Positioning Satellite Tracking
Lead House sponsors: Delegates Luis Simmons and Ben Kramer
This bill would authorize a judge to order a respondent to be monitored through a GPS device as part of a final protective order if that person presents a risk of abuse to any person eligible for relief.

This bill appears to be premature; recommend waiting for results from pilot projects in Washington and Prince George’s Counties authorized by legislation last year.

Unfavorable report in House Judiciary Committee.

HB 922 ▪ Criminal Procedure – Victims’ Resource Center - Funding
Lead House sponsor: Delegate Joseph Vallario
This bill would require GOCCP to sustain the Maryland Crime Victims’ Resource Center
and to provide designated funding for it from court fees. Also increases the additional
court fee from $3 to $5.

No vote in House Judiciary Committee.

HB 1052/SB 908 ▪ Family Law – Child Custody – Visitation Rights of Noncustodial Parents
Lead House sponsor: Delegate Jill Carter
Lead Senate sponsor: Senator Anthony Muse
This bill would require a court in a child custody proceeding to make certain visitation arrangements.

HB 1052 - Unfavorable report in House Judiciary Committee.
SB 908 - No vote in Senate Judicial Proceedings Committee.

HB 1132/SB 909 ▪ Family Law – Children’s Civil Rights – Equal Parenting Time
Lead House sponsor: Delegate Jill Carter
Lead Senate sponsor: Senator Anthony Muse
This bill would create a rebuttable presumption that joint legal and physical custody is in the best interest of a child.

No vote in House Judiciary Committee or Senate Judicial Proceedings Committee.

SB 587 ▪ Protective Order Violations – Mandatory Mental Health Evaluation
Lead Senate sponsor: Senator Victor Ramirez
Would require the court to order a person charged with a violation of a protective order to undergo a mental health evaluation.

Oppose in current form; prefer referral to abuser intervention programs

Unfavorable report in Senate Judicial Proceedings Committee. BILL WITHDRAWN

For further information about the 2011 Legislative Agenda, contact:
Maryland Network Against Domestic Violence
6911 Laurel Bowie Road, Suite 309, Bowie, MD 20715
Tel: 301-352-4574 ♦ Fax: 301-809-0422 ♦ E-mail: info@mnadv.org ♦ Website: www.mnadv.org

For information on bills, legislators, synopses, budget, etc.:
Website: http://mlis.state.md.us or call Legislative Services at 301-970-5200 or 410-946-5200

NOTE: Committee votes are now available online on the Maryland General Assembly website. Look under the Documents section at the bottom of the bill information page. When a committee vote is available a link is provided to the vote record in pdf format.
 

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