Maryland State Bar Association 2016 Legislative Recap

 

HB 74

Passed

The Speaker

Budget and Taxation; Judicial Proceedings; Judiciary

Crossfiled Bill:  SB 117

Judgeships – Circuit Courts and District Court

Increasing the number of resident judges of the circuit court in Anne Arundel, Baltimore, Charles, Frederick, Harford, Montgomery, and Prince George’s counties and Baltimore City; and increasing the number of resident judges of the District Court in District 5 (Prince George’s County) and District 6 (Montgomery County).

 

MSBA Position:  SUPPORT

 

SB 117

Passed

President

Budget and Taxation; Judicial Proceedings; Judiciary

Crossfiled Bill:  HB 74

Judgeships – Circuit Courts and District Court

Increasing the number of resident judges of the circuit court in Anne Arundel, Baltimore, Charles, Frederick, Harford, Montgomery, and Prince George’s counties and Baltimore City; and increasing the number of resident judges of the District Court in District 5 (Prince George’s County) and District 6 (Montgomery County).

 

MSBA Position:  SUPPORT

 

 

HB 81

Failed

Conaway

Judiciary

Criminal Procedure – Cameras in the Courtroom – Criminal Sentencing Hearings

Creating an exception to the general prohibition against recording or broadcasting a criminal sentencing hearing; establishing requirements that a media organization file a specified written request to provide media coverage of a criminal sentencing hearing with the clerk of the court at least 24 hours before the hearing is scheduled to begin; requiring the clerk of court to provide notice of the request to each party involved in the criminal proceeding; providing specified factors that a presiding judge may consider; etc.

 

MSBA Position:  OPPOSE

 

 

 

 

HB 93

Failed

Wilson et al.

Judiciary

 

 

 

Courts – Evidence – Membership in or Association With a Criminal Gang

Authorizing the admissibility of specified evidence in a civil or criminal proceeding to prove membership in or association with a criminal gang, with a specified exception.

 

MSBA Position:  OPPOSE

 

 

HB 218

Failed

Wilson et al.

Judiciary

 

Courts – Evidence of Prior Sexual Offense – Admissibility

Prohibiting, in a prosecution for a specified sexual offense, the court from barring the introduction of specified evidence that the defendant committed a prior sexual offense on the ground that the admission is unfairly prejudicial unless the court makes a specified finding; prohibiting a State’s Attorney from introducing specified evidence under specified circumstances; prohibiting specified evidence from being disclosed to a jury or introduced at trial unless the court has held a specified hearing; etc.

 

MSBA Position:  OPPOSE

 

 

HB 220

Failed

Barron et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  SB 328

Criminal Procedure – Partial Expungement

Authorizing a person to file a petition for a partial expungement of specified criminal records under specified circumstances; requiring a court to order that specified records be removed from a specified Web site; providing that only a specified record is eligible for partial expungement; repealing a provision of law establishing that if a person is not entitled to expungement of one charge or conviction in a specified unit the person is not entitled to expungement of any other charge or conviction in the unit; etc.

 

MSBA Position:  SUPPORT with Amendments

 

 

 

 

SB 328

Failed

Conway et al.

Judicial Proceedings; Rules and Executive Nominations

Crossfiled Bill:  HB 220

 

 

Criminal Procedure – Expungement

Authorizing a person to file a petition for expungement of specified misdemeanor convictions; requiring a person to file a petition for expungement in a specified court; providing that a petition for expungement of specified misdemeanor convictions may not be filed earlier than 10 years after the person satisfied the specified sentence or sentences imposed for all convictions for which expungement is requested; requiring the court to provided written notice of the petition to all victims listed in the case; etc.

 

MSBA Position:  SUPPORT with Amendments

 

 

HB 223

Failed

West et al.

Ways and Means; Judiciary

 

 

Circuit Court Judges – Election

Proposing amendments to the Maryland Constitution relating to the selection and tenure of circuit court judges; requiring Senate confirmation of individuals appointed by the Governor to the office of judge of a circuit court; providing for contested elections following an appointment to fill a vacancy in the office of judge of a circuit court under specified circumstances; submitting the amendment to the qualified voters of the State for their adoption or rejection; etc.

 

MSBA Position:  OPPOSE

 

HB 224

Failed

Kramer et al.

Ways and Means; Judiciary

 

Circuit Court Judges – Election

Proposing an amendment to the Maryland Constitution relating to the selection and tenure of circuit court judges; altering the method of filling vacancies in the office of a judge of a circuit court; providing for retention elections following an appointment to fill a vacancy in the office of a judge of a circuit court; providing for a transitional period under which the terms of specified amendments are to become effective; submitting the amendment to the qualified voters of the State for their adoption or rejection; etc.

 

MSBA Position:  SUPPORT with Amendments

 

 

HB 237

Passed

Smith et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  SB 150

 

 

Courts – Prohibition Against Testimony by Convicted Perjurer – Repeal

Repealing the prohibition on a person convicted of perjury from testifying in a proceeding; and providing that evidence that a witness has been convicted of perjury shall be admitted for the purpose of attacking the credibility of the witness, regardless of the date of conviction, if the evidence is elicited from the witness or established by public record during examination of the witness.

 

MSBA Position:  SUPPORT with Amendments

 

 

SB 150

Passed

Lee et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  HB 237

 

 

Courts – Prohibition Against Testimony by Convicted Perjurer – Repeal

Repealing the prohibition on a person convicted of perjury from testifying in a proceeding; providing that evidence that a witness has been convicted of perjury shall be admitted for the purpose of attacking the credibility of the witness, regardless of the date of the conviction, if the evidence is elicited from the witness or established by public record during examination of the witness.

 

MSBA Position:  SUPPORT with Amendments

 

 

HB 348

Failed

Carter et al.

Judiciary

Crossfiled Bill:  SB 41

Vehicle Laws – Driving While License is Suspended – Prison Sentence Repeal

Repealing the prison sentence for driving a motor vehicle while a person’s license or privilege to drive is suspended under specified provisions of State law relating to the lapse of required security, noncompliance with traffic citations, and nonpayment of fines; and repealing the prison sentences for driving a motor vehicle while a person’s license or privilege to drive is suspended by another state for failure to comply with a specified notice to appear in court or to pay a specified fine.

 

MSBA Position:  SUPPORT

 

 

 

SB 41

Failed

Brochin

Judicial Proceedings

Crossfiled Bill:  HB 348

 

 

 

Vehicle Laws – Driving While License is Suspendeded – Prison Sentence Repeal

Repealing the prison sentence for driving a motor vehicle while a person’s license or privilege to drive is suspended under specified provisions of State law relating to the lapse of required security, noncompliance with traffic citations, and nonpayment of fines; and repealing the prison sentences for driving a motor vehicle while a person’s license or privilege to drive is suspended by another state for failure to comply with a specified notice to appear in court or to pay a specified fine; etc.

 

MSBA Position:  SUPPORT

 

HB 377

Failed

Morhaim et al.

Judiciary; Health and Government Operations

Crossfiled Bill:  SB 513

 

Maryland No-Fault Birth Injury Fund

Establishing a system for adjudication of a claim involving a birth-related neurological injury; providing equitable compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation; establishing the Maryland No-Fault Birth Injury Fund to provide compensation and benefits to eligible claimants; providing for specified premiums and insurance surcharges to be used to finance and administer the Fund; applying the Act prospectively; etc.

 

MSBA Position:  OPPOSE

 

 

SB 513

Failed

Nathan-Pulliam et al.

Finance; Judicial Proceedings

Crossfiled Bill:  HB 377

Maryland No-Fault Birth Injury Fund

Establishing a system for adjudication of a claim involving a birth-related neurological injury; providing equitable compensation, on no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation; establishing the Maryland No-Fault Birth Injury Fund to provide compensation and benefits to eligible claimants; providing for specified premiums and insurance surcharges to be used to finance and administer the Fund; applying the Act prospectively; etc.

 

MSBA Position:  OPPOSE

 

HB 388

Failed

Hill et al.

Ways and Means; Judiciary

Circuit Court Judges – Election, Qualifications, and Term of Office

Proposing an amendment to the Maryland Constitution relating to the selection and tenure of circuit court judges; requiring an appointment of a circuit court judge to be subject to Senate confirmation; providing for a retention election following an appointment to fill a vacancy in the office of a judge of a circuit court; altering the term of office of circuit court judges from 15 years to 10 years; submitting the amendment to the qualified voters of the State for their adoption or rejection; etc.

 

MSBA Position:  SUPPORT

 

 

HB 393

Failed

Carter et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  SB 362

 

Award of Attorney’s Fees and Expenses – Violation of Maryland Constitutional Right

Authorizing a court to award to a prevailing plaintiff reasonable attorney’s fees and expenses in specified actions seeking to remedy a violation of a Maryland constitutional right; authorizing a court to award reasonable attorney’s fees and expenses to a prevailing defendant under specified circumstances; providing for the prospective application of the Act; etc.

 

MSBA Position:  SUPPORT

 

 

SB 362

Failed

Muse et al.

Judicial Proceedings

Crossfiled Bill:  HB 393

 

 

Award of Attorney’s Fees and Expenses – Violation of Maryland Constitutional Right

Authorizing a court to award to a prevailing plaintiff reasonable attorney’s fees and expenses in specified actions seeking to remedy a violation of a Maryland constitutional right; authorizing a court to award reasonable attorney’s fees and expenses to a prevailing defendant under specified circumstances; providing for the prospective application of the Act; etc.

 

MSBA Position:  SUPPORT

 

 

 

HB 448

Failed

Sydnor et al.

Ways and Means; Judiciary

Crossfiled Bill:  SB 179

 

 

 

Circuit Court Judges – Selection, Qualifications, and Term of Office

Proposing an amendment to the Maryland Constitution to repeal provisions relating to election of circuit court judges; requiring the Governor, by and with the advice and consent of the Senate, to appoint a qualified person to fill a vacancy in the office of a judge of the circuit court; altering the term of office of circuit court judges from 15 to 10 years; requiring the Governor to reappoint a circuit court judge, by and with the advice and consent of the Senate, upon the expiration of the judge’s term; etc.

 

MSBA Position:  SUPPORT with Amendments

 

SB 179

Failed

Kelley et al.

Judicial Proceedings

Crossfiled Bill:  HB 448

 

Circuit Court Judges – Selection, Qualifications, and Term of Office

Proposing an amendment to the Maryland Constitution to repeal provisions relating to election of circuit court judges; requiring the Governor, by and with the advice and consent of the Senate, to appoint a qualified person to fill a vacancy in the office of a judge of the circuit court; altering the term of office of circuit court judges from 15 to 10 years; requiring the Governor to reappoint a circuit court judge, by and with the advice and consent of the Senate, upon the expiration of the judge’s term; etc.

 

MSBA Position:  SUPPORT with Amendments

 

 

HB 475

Failed

Sydnor et al.

Judiciary

 

 

Courts – Grand Juries – Prohibited Action

Prohibiting a grand jury from inquiring into an offense that involves a shooting or the alleged use of excessive force by a law enforcement officer that leads to the death of a person in law enforcement custody.

 

MSBA Position:  OPPOSE

 

 

 

 

HB 481

Failed

Vallario et al.

Judiciary

Crossfiled Bill:  SB 502

 

 

 

Judges – Mandatory Retirement Age

Proposing amendments to the Maryland Constitution increasing to 73 from 70 the mandatory retirement age for judges under specified circumstances; proposing an addition to the Maryland Constitution to provide for the application of specified amendments to the Maryland Constitution; submitting the amendment to the qualified voters of the State for their adoption or rejection; etc.

 

MSBA Position:  SUPPORT

 

SB 502

Failed

Miller et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  HB 481

Judges – Mandatory Retirement Age

Proposing amendments to the Maryland Constitution increasing to 73 from 70 the mandatory retirement age for judges under specified circumstances; proposing an addition to the Maryland Constitution to provide for the application of specified amendments to the Maryland Constitution; submitting the amendment to the qualified voters of the State for their adoption or rejection; etc.

 

MSBA Position:  SUPPORT

 

HB 519

Failed

Smith et al.

Judiciary

Crossfiled Bill:  SB 903

Courts – Statute of Limitations – Civil Actions Arising Out of Human Rights Abuses

Extending the statute of limitations to 10 years for specified civil actions under specified circumstances; applying the Act retroactively to any cause of action described in the Act arising on or after October 1, 2006; and making the provisions of the Act severable.

 

MSBA Position:  SUPPORT with Amendments (to remove retroactivity provision)

 

SB 903

Failed

Young et al.

Judicial Proceedings

Crossfiled Bill:  HB 519

 

Courts – Statute of Limitations – Civil Actions Arising Out of Human Rights Abuses

Extending the statute of limitations to 10 years for specified civil actions under specified circumstances; applying the Act retroactively to any cause of action described in the Act arising on or after October 1, 2006; and making the provisions of the Act severable.

 

MSBA Position:  SUPPORT with Amendments (to remove retroactivity provision)

 

 

HB 535

Passed

The Speaker et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  SB 734

Courts and Judicial Proceedings – Structured Settlements – Transfers and Registration of Structured Settlement Transferees

Making legislative findings and declarations that it is necessary to regulate transfers of structured settlement payment rights to ensure that the transfers are effectuated on fair and reasonable terms and are in the best interest of payees, and to protect payees against deceptive practices; requiring a petition for a transfer of structured settlement payment rights to be filed in the Circuit Court for the county in which the payee resides; authorizing the Attorney General to intervene as of right in a specified action; etc.

 

MSBA Position:  SUPPORT

 

SB 734

Passed

President et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  HB 535

Courts and Judicial Proceedings – Structured Settlements – Transfers and Registration of Structured Settlement Transferees

Making legislative findings and declarations that it is necessary to regulate transfers of structured settlement payment rights to ensure that the transfers are effectuated on fair and reasonable terms and are in the best interest of payees, and to protect payees against deceptive practices; establishing specified requirements on a proposed transfer of structured settlement payment rights if the settlement was established in resolution of a tort claim seeking compensation for cognitive injuries arising from childhood exposure to lead paint; etc.

 

MSBA Position:  SUPPORT

HB 573

Failed

Clippinger et al.

Judiciary

Crossfiled Bill:  SB 638

Possession of Loaded Handgun or Regulated Firearm – Enhanced Penalties

Prohibiting a person from wearing, carrying, or transporting a handgun loaded with ammunition on or about the person or in a vehicle under specified circumstances; prohibiting a person from possessing a regulated firearm loaded with ammunition under specified circumstances or if the person is under a specified age; establishing penalties for violations of the Act; requiring the State to comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender; etc.

 

MSBA Position:  OPPOSE

 

SB 638

Failed

Pugh et al.

Judicial Proceedings

Crossfiled Bill:  HB 573

Possession of Loaded Handgun or Regulated Firearm – Enhanced Penalties

Prohibiting a person from wearing, carrying, or transporting a handgun loaded with ammunition on or about the person or in a vehicle under specified circumstances; prohibiting a person from possessing a regulated firearm loaded with ammunition under specified circumstances or if the person is under a specified age; establishing penalties for violations of the Act; requiring the State to comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender; etc.

 

MSBA Position:  OPPOSE

 

HB 589

Failed

Vallario et al.

Judiciary

Office of the Public Defender – Representation at Bail Hearing – Provisional

Establishing that the representation provided by the Office of the Public Defender to an indigent individual at a bail hearing before a District Court or circuit court judge shall be limited solely to the bail hearing and shall terminate automatically at the conclusion of the hearing; etc.

 

MSBA Position:  OPPOSE

 

 

 

HB 590

Failed

Vallario et al.

Judicial Proceedings; Judiciary

 

 

 

Criminal Procedure – Expungement – Probation Before Judgment

Repealing a provision of law denying a person entitlement to expungement if the petition for expungement is based on the entry of probation before judgment for a specified crime and the person, within 3 years of the entry of the probation before judgment, has been convicted of a specified crime.

 

MSBA Position:  SUPPORT

 

 

 

 

HB 591

Failed

Vallario et al.

Judiciary

 

 

 

Office of the Public Defender – Eligibility for Services

Prohibiting the Office of the Public Defender or a panel attorney from continuing representation after a specified bail hearing unless financial eligibility is determined; requiring the Office of the Public Defender to investigate the financial status of an applicant under all circumstances; etc.

 

MSBA Position:  OPPOSE

 

HB 600

Failed

Sanchez et al.

Judicial Proceedings; Judiciary

Criminal Procedure – Expungement – Denial of Petition Without Hearing

Altering a provision of law to authorize, rather than require, a court to hold a hearing on a petition for expungement if the State’s Attorney files a timely objection to the petition; and authorizing a court to deny a petition for expungement without a hearing if the court finds that the petition is barred as a matter of law; authorizing a specified petitioner to request a hearing within 30 days under specified circumstances; requiring the court to hold a hearing under specified circumstances; etc.

 

MSBA Position:  SUPPORT

 

HB 615

Failed

Anderson et al.

Judiciary

 

Criminal Procedure – Evidence – Exclusionary Rule

Prohibiting a court from receiving into evidence in a criminal proceeding any evidence directly or indirectly obtained in violation of the Maryland Declaration of Rights or the Maryland Constitution or laws of Maryland; prohibiting a court from recognizing specified exceptions to the exclusionary rule; prohibiting a court from reviewing probable cause for the issuance of a search warrant by a specified standard; etc.

 

MSBA Position:  OPPOSE

 

HB 646

Failed

Dumais et al.

Judicial Proceedings; Judiciary

 

Crossfiled Bill:  SB 593

Family Law – Child Conceived Without Consent – Termination of Parental Rights (Rape Survivor Family Protection Act)

Requiring a court, under specified circumstances, to terminate the parental rights of an individual convicted of or found to have committed an act of nonconsensual sexual conduct against the

 

other parent that resulted in the conception of a child; prohibiting the court from terminating parental rights under specified circumstances; specifying that a termination of parental rights under the Act terminates completely a parent’s right to custody of, guardianship of, and inheritance from, the child; etc.

 

MSBA Position:  OPPOSE, as introduced, and then Supported with certain amendments

SB 593

Failed

Raskin et al.

Judicial Proceedings

Crossfiled Bill:  HB 646

Family Law – Child Conceived Without Consent – Termination of Parental Rights (Rape Survivor Family Protection Act)

Requiring a court, under specified circumstances, to terminate the parental rights of an individual found to have committed an act of nonconsensual sexual conduct against the other parent that resulted in the conception of a child; specifying that a termination of parental rights under the Act terminates completely specified rights of a parent; authorizing the court to approve a supervised visitation arrangement under specified circumstances; etc.

 

MSBA Position:  OPPOSE (no further action because Senate bill remained dormant)

 

 

HB 659

Passed

Proctor et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  SB 187

 

 

Criminal Procedure – Victim’s Right to Restitution – Appeal

Authorizing a specified victim to file an application for leave to appeal to the Court of Special Appeals from an interlocutory order or appeal to the Court of Special Appeals from a final order that denies or fails to consider the victim’s right to restitution after the filing of a specified motion requesting relief under a specified provision of law.

 

MSBA Position:  OPPOSE

 

SB 187

Passed

Lee et al.

Judicial Proceedings; Judiciary

 

Crossfiled Bill:  HB 659

Criminal Procedure – Victim’s Right to Restitution – Appeal

Authorizing a specified victim to file an application for leave to appeal to the Court of Special Appeals from an interlocutory order or appeal to the Court of Special Appeals from a final order

 

 

that denies or fails to consider the victim’s right to restitution after the filing of a specified motion requesting relief under a specified provision of law.

 

MSBA Position:  OPPOSE

 

HB 747

Passed

Gilchrist et al.

Education, Health, and Environmental Affairs; Economic Matters

Crossfiled Bill:  SB 539

Real Estate Brokers – Licensure Requirement – Exemption for Lawyers

Altering an exemption from the real estate broker licensure requirement for specified lawyers under specified circumstances.

 

MSBA Position:  SUPPORT with Amendments

 

 

SB 539

Passed

Conway

Education, Health, and Environmental Affairs; Economic Matters

Crossfiled Bill:  HB 747

 

 

Real Estate Brokers – Licensure Requirement – Exemption for Lawyers

Altering an exemption from the real estate broker licensure requirement for specified lawyers under specified circumstances.

 

MSBA Position:  SUPPORT with Amendments

 

HB 770

Failed

Barnes et al.

Judiciary

Crossfiled Bill:  SB 712

 

Criminal Procedure – Nonviolent Felonies – Stet, Shielding, and Expungement

Requiring a court to dispose of a charge for a nonviolent felony by stet if the court finds that the disposition is in the interest of justice; authorizing a person to file a petition to shield a conviction for a nonviolent felony in accordance with specified provisions of law no earlier than 3 years after the person satisfies specified requirements; etc.

 

MSBA Position:  OPPOSE

 

 

SB 712

Failed

Pugh et al.

Judicial Proceedings

Crossfiled Bill:  HB 770

Criminal Procedure – Nonviolent Felonies – Stet, Shielding, and Expungement

Requiring a court to dispose of a charge for a nonviolent felony by stet if the court finds that the disposition is in the interest of justice; authorizing a person to file a petition to shield a conviction for a nonviolent felony in accordance with specified provisions of law no earlier than 3 years after the person satisfies specified requirements; etc.

 

MSBA Position:  SUPPORT with Amendments

 

 

HB 814

Failed

Rosenberg et al.

Judiciary

Crossfiled Bill:  SB 849

 

 

Task Force to Study the Establishment of Health Courts

Establishing the Task Force to Study the Establishment of Health Courts; requiring the Task Force to study the adequacy and cost of State laws and policies relating to the litigation of medical malpractice cases and make recommendations regarding the establishment of health courts to hear medical malpractice cases and the feasibility of assigning a medical malpractice case to a

single judge throughout the litigation process; requiring the Task Force to report to the General Assembly by December 31, 2016; etc.

 

MSBA Position:  OPPOSE

 

SB 849

Failed

Kelley et al.

Judicial Proceedings

Crossfiled Bill:  HB 814

Task Force to Study the Establishment of Health Courts

Establishing the Task Force to Study the Establishment of Health Courts; requiring the Task Force to study the adequacy and cost of State laws and policies relating to the litigation of medical malpractice cases and make recommendations regarding the establishment of health courts to hear medical malpractice cases and the feasibility of assigning a medical malpractice case to a single judge throughout the litigation process; requiring the Task Force to report to the General Assembly by December 31, 2016; etc.

 

MSBA Position:  OPPOSE

 

 

HB 864

Failed

Smith et al.

Judiciary

Crossfiled Bill:  SB 302

 

Aggressive Drunk Driving – Punitive Damages

Providing that a person with an alcohol concentration of 0.08 or more in the blood or breath who causes personal injury or wrongful death while operating or attempting to operate a motor vehicle is liable for punitive damages under the Act; providing that punitive damages under the Act may not be awarded in the absence of an award of compensatory damages; etc.

 

MSBA Position:  MONITOR (Controversial Issue: COL/BOG traditionally deadlock)

 

SB 302

Failed

Raskin et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  HB 864

Aggressive Drunk Driving – Punitive Damages

Providing that a person who causes personal injury or wrongful death while operating or attempting to operate a motor vehicle, and who has a 0.15 or more alcohol concentration in the person’s blood or breath or who refuses to submit to a chemical test for alcohol concentration, is liable for punitive damages under specified circumstances; limiting liability for punitive damages under the Act solely to the person operating or attempting to operate the motor vehicle; applying the Act prospectively; etc.

 

MSBA Position:  MONITOR (Controversial Issue: COL/BOG traditionally deadlock)

 

 

HB 866

Failed

Rosenberg et al.

Judiciary

Crossfiled Bill:  SB 833

Civil Right to Counsel – Pilot Program – Domestic Violence

Requiring the Governor to include in the budget bill for each fiscal year a specified appropriation to fund a pilot program in specified counties to provide legal representation to income-eligible parties in protective order proceedings; requiring a specified amount to be allocated to specified programs; etc.

 

MSBA Position:  SUPPORT

 

SB 833

Failed

Guzzone

 

 

Judicial Proceedings

Crossfiled Bill:  HB 866

Civil Right to Counsel – Pilot Program – Domestic Violence

Requiring the Governor to include in the budget bill for each fiscal year a specified appropriation to fund a pilot program in specified counties to provide legal representation to income-eligible

 

 

parties in protective order proceedings; requiring a specified amount to be allocated to specified programs; etc.

 

MSBA Position:  SUPPORT

 

 

HB 882

Failed

Carter et al.

Judiciary

Crossfiled Bill:  SB 531

 

 

Inmates – Life Imprisonment – Parole Reform

Repealing specified provisions that provide that inmates serving a term of life imprisonment may be paroled only with the Governor’s approval, subject to specified provisions; repealing specified provisions that require specified parole decisions to be transmitted to the Governor under specified circumstances; repealing specified provisions that authorize the Governor to disapprove specified parole decisions in a specified manner; etc.

 

MSBA Position:  SUPPORT

SB 531

Failed

McFadden et al.

Judicial Proceedings

Crossfiled Bill:  HB 882

Inmates – Life Imprisonment – Parole Reform

Repealing specified provisions that provide that inmates serving a term of life imprisonment may be paroled only with the Governor’s approval, subject to specified provisions; repealing specified provisions that require specified parole decisions to be transmitted to the Governor under specified circumstances; repealing specified provisions that authorize the Governor to disapprove specified parole decisions in a specified manner; etc.

 

MSBA Position:  SUPPORT

 

 

HB 975

Failed

Rosenberg et al.

Judiciary

Lawyers – Admission to the Bar – Qualifications

Authorizing specified applicants to qualify for admission to the Bar of Maryland if the applicant meets specified requirements.

 

 

 

MSBA Position:  MONITOR (neither a Statutory or Rule issue; can be done administratively; Sponsors working with MD Judiciary on solution)

 

HB 1001

Failed

Smith et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  SB 943

Criminal Procedure – Firearms – Transfer

Providing an exception for a specified person from the prohibition against carrying or transporting a specified firearm under specified circumstances; requiring a court to inform a person convicted of a specified offense that the person is prohibited from possessing a firearm under specified provisions of law; requiring the court to advise the person that specified proof must be provided to the court that specified firearms owned by the person or in the person’s possession have been transferred from the person’s possession; etc.

 

MSBA Position:  OPPOSE

SB 943

Failed

Raskin et al.

Judicial Proceedings; Judiciary

Crossfiled Bill:  HB 1001

Criminal Procedure – Firearms – Transfer

Providing an exception for a specified person from the prohibition against carrying or transporting a specified firearm under specified circumstances; requiring a court to inform a person convicted of a specified offense that the person is prohibited from possessing a firearm; requiring the court to advise the person that specified proof must be provided to the Department of Public Safety and Correctional Services that specified firearms in the person’s possession have been transferred from the person’s possession; etc.

 

MSBA Position:  SUPPORT

 

HB 1091

Failed

Morales et al.

Judiciary

Crossfiled Bill:  SB 437

Criminal Law – Committing a Crime of Violence in the Presence of a Minor – Repeal of Residence Requirement

Repealing the requirement that the crime be committed in a residence to convict a person of violating the prohibition against committing a crime of violence when the person knows or reasonably should know that a minor who is at least 2 years old is present; and applying the Act prospectively.

 

MSBA Position:  OPPOSE

 

 

SB 437

Failed

Lee et al.

Judicial Proceedings

Crossfiled Bill:  HB 1091

 

 

Criminal Law – Committing a Crime of Violence in the Presence of a Minor – Repeal of Residence Requirement

Repealing the requirement that the crime be committed in a residence to convict a person of violating the prohibition against committing a crime of violence when the person knows or reasonably should know that a minor who is at least 2 years old is present; and applying the Act prospectively.

 

MSBA Position:  OPPOSE

 

HB 1164

Failed

Buckel et al.

Ways and Means

Election Law – Contribution to a Candidate for Judicial Office

Providing that an individual who makes a contribution to a campaign finance entity of a candidate for a judicial office and the candidate is elected as judge, or who makes a contribution to a campaign finance entity established by another person to support a candidate for a judicial office and the candidate is elected as judge, may not appear as an attorney of record or be a party in any matter before that judge for a specified period of time.

 

MSBA Position:  OPPOSE

HB 1173

Failed

Buckel et al.

Judiciary

Criminal Law – Sentencing – Subsequent Offenders (Career Criminal Truth in Sentencing Act)

Requiring that specified subsequent criminal offenders be sentenced to imprisonment for the maximum term allowed by law; prohibiting the court from suspending all or part of a mandatory sentence for specified subsequent criminal offenders; providing that specified subsequent criminal offenders are not eligible for parole or diminution credits; and requiring that the State follow specified procedural rules when prosecuting specified subsequent criminal offenders.

 

MSBA Position:  OPPOSE

 

 

 

 

HB 1215

Failed

Wilson et al.

Judiciary

Crossfiled Bill:  SB 69

 

 

 

 

Civil Actions – Child Sexual Abuse – Statute of Limitations

Extending from 7 to 20 years the statute of limitations in specified civil actions relating to child sexual abuse; and applying the Act retroactively.

 

MSBA Position:  OPPOSE

 

SB 69

Failed

Young

Judicial Proceedings

Crossfiled Bill:  HB 1215

 

Civil Actions – Child Sexual Abuse – Statute of Limitations

Extending from 7 to 20 years the statute of limitations in specified civil actions relating to child sexual abuse; and applying the Act retroactively.

 

MSBA Position:  OPPOSE

 

 

HB 1269

Failed

Cullison et al.

Health and Government Operations

Crossfiled Bill:  SB 223

Human Relations – Discrimination by a Place of Public Accommodation – Enforcement and Remedies

Authorizing specified persons or the Commission on Civil Rights to elect to have the claims asserted in a complaint alleging discrimination by a place of public accommodation determined in a civil action brought by the Commission; expanding the remedies available for specified discrimination; clarifying the remedies available for an unlawful employment practice; authorizing a complainant alleging specified discrimination to bring a civil action under specified circumstances; etc.

 

MSBA Position:  SUPPORT

SB 223

Failed

Lee et al.

Judicial Proceedings

Crossfiled Bill:  HB 1269

Human Relations – Discrimination by a Place of Public Accommodation – Enforcement and Remedies

Authorizing specified persons or the Commission on Civil Rights to elect to have the claims asserted in a complaint alleging discrimination by a place of public accommodation determined in a civil action brought by the Commission; expanding the remedies available for specified discrimination; clarifying the remedies available for an unlawful employment practice; authorizing

 

 

a complainant alleging specified discrimination to bring a civil action under specified circumstances; etc.

 

MSBA Position:  SUPPORT

 

HB 1312

Failed

The Speaker

Judicial Proceedings; Judiciary; Health and Government Operations

Crossfiled Bill:  SB 1005

Justice Reinvestment Act

Requiring the Division of Parole and Probation to conduct a specified risk and needs assessment on specified inmates and include the results in a specified case record; altering the manner in which specified diminution credits may be earned; requiring the Division to impose specified graduated sanctions; establishing the Addiction Treatment Divestiture Fund as a special, nonlapsing fund; establishing the Justice Reinvestment Oversight Board and the Local Government Justice Reinvestment Commission; etc.

 

MSBA Position:  SUPPORT with Amendments

SB 1005

Passed

President

Judicial Proceedings; Judiciary; Health and Government Operations

Crossfiled Bill:  HB 1312

Justice Reinvestment Act

Requiring the Division of Parole and Probation to conduct a risk and needs assessment on specified inmates and include the results in a case record; altering the manner in which specified diminution credits may be earned; establishing the Justice Reinvestment Oversight Board and the Local Government Justice Reinvestment Commission; establishing that a victim has specified rights related to administrative parole; authorizing a specified person to file a petition for expungement under specified conditions; etc.

 

MSBA Position:  SUPPORT with Amendments

 

HB 1313

Failed

The Speaker

Judiciary; Health and Government Operations

Crossfiled Bill:  SB 1006

Justice Reinvestment Act – Criminal Penalties

Increasing the maximum penalty for second degree murder from 30 years to 40 years; repealing mandatory minimum sentences for specified offenses involving distribution of a controlled dangerous substance; and altering the maximum penalties for specified offenses involving distribution of a controlled dangerous substance.

 

 

MSBA Position:  MONITOR

 

SB 1006

Failed

President

Judicial Proceedings

Crossfiled Bill:  HB 1313

 

Justice Reinvestment Act – Criminal Penalties

Increasing the maximum penalty for second degree murder from 30 years to 40 years; repealing mandatory minimum sentences for specified offenses involving distribution of a controlled dangerous substance; and altering the maximum penalties for specified offenses involving distribution of a controlled dangerous substance.

 

MSBA Position:  MONITOR

 

HB 1327

Failed

Glass

Judiciary

Courts – Law Enforcement Officer as Witness – Prohibition on Postponement for Inability to Appear

Prohibiting a court from postponing a trial or hearing for a misdemeanor violation of the Maryland Vehicle Law for which the penalty is a fine not exceeding $500 if a law enforcement officer is a witness unless the law enforcement officer provides at least 1 week’s advance notice of the officer’s inability to attend and the court promptly notifies the person charged with the violation of the postponement.

 

MSBA Position:  OPPOSE

 

HB 1451

Failed

Vaughn

Economic Matters

Commercial Law – Debt Settlement Services – Miscellaneous Provisions

Altering a specified exemption from registration as a debt settlement services provider; altering the debt settlement services fee that a registrant may charge; and repealing a specified reporting requirement for a registrant.

 

MSBA Position:  OPPOSE

 

 

 

 

HB 1460

Failed

Morales et al.

Judiciary

 

Crossfiled Bill:  SB 709

 

 

Courts – Concealment of Public Hazards (Sunshine in Litigation Act)

Prohibiting a court from entering an order or a judgment that conceals information related to a public hazard; providing that confidentiality provisions that conceal information related to a public hazard are unenforceable; providing that a substantially affected person, including news media,

has standing to contest an order, a judgment, an agreement, or a contract that violates the Act; providing that a person with standing may bring an action for declaratory judgment to contest a violation of the Act; etc.

 

MSBA Position:  OPPOSE

SB 709

Failed

Ramirez et al.

Judicial Proceedings

Crossfiled Bill:  HB 1460

Courts – Concealment of Public Hazards (Sunshine in Litigation Act)

Prohibiting a court from entering an order or a judgment that conceals information related to a public hazard; providing that confidentiality provisions that conceal information related to a public hazard are unenforceable; providing that a substantially affected person, including news media, has standing to contest an order, a judgment, an agreement, or a contract that violates the Act; providing that a person with standing may bring an action for declaratory judgment to contest a violation of the Act; etc.

 

MSBA Position:  OPPOSE

 

HB 1582

Failed

Wilson et al.

Rules and Executive Nominations

Crossfiled Bill:  SB 1071

Office of the Public Defender – Caseload Standards

Requiring that an indigent defendant or party may not be provided representation by the Public Defender, a deputy public defender, a district public defender, or an assistant public defender if the representation would violate caseload standards established by the Maryland Attorney and Staff Workload Assessment of 2005; and providing that, subject to funding in the State budget, a specified defendant or party shall be represented by a specified panel attorney.

 

MSBA Position:  SUPPORT

SB 1071

Failed

Muse

 

Judicial Proceedings

Crossfiled Bill:  HB 1582

Office of the Public Defender – Caseload Standards

Requiring that an indigent defendant or party may not be provided representation by the Public Defender, a deputy public defender, a district public defender, or an assistant public defender if

 

the representation would violate caseload standards established by the Maryland Attorney and Staff Workload Assessment of 2005; and providing that, subject to funding in the State budget, a specified defendant or party shall be represented by a specified panel attorney.

 

MSBA Position:  SUPPORT

SB 82

Failed

Chair, Judicial Proceedings Committee et al.

Judicial Proceedings

Courts – Prohibition Against Testimony by Convicted Perjurer – Repeal

Repealing the prohibition on a person convicted of perjury from testifying in a proceeding.

 

MSBA Position:  SUPPORT

 

 

SB 121

Failed

Simonaire

Judicial Proceedings

Criminal Procedure – Modification of Sentences

Allowing a motion for modification of sentence to be filed within 90 days after imposition of a sentence; prohibiting a court from increasing a sentence on a motion for modification of sentence; prohibiting a court from reducing a sentence below the sentencing guidelines; requiring that the State’s Attorney provide notice to victims regarding a motion for modification of sentence and whether there will be a hearing; prohibiting a court from revising a sentence after 5 years from the date of sentencing; etc.

 

MSBA Position:  OPPOSE

 

SB 157

Failed

Cassilly (Withdrawn)

Judicial Proceedings

Criminal Procedure – Life Without Parole – Repeal of Sentencing Proceeding

Repealing specified provisions of law that provide a separate jury proceeding to determine whether a person convicted of first degree murder is sentenced to imprisonment for life without the possibility of parole or imprisonment for life; establishing that a court may sentence a person convicted of first degree murder to imprisonment for life without the possibility of parole without the requirement of a separate jury sentencing procedure under specified circumstances; applying the Act prospectively; etc.

 

MSBA Position:  SUPPORT

 

 

SB 235

Failed

Brochin et al.

Judicial Proceedings; Rules and Executive Nominations

Courts – Evidence of Sexually Assaultive Behavior – Admissibility

Providing that, in a prosecution for a specified sexual offense, evidence that the defendant committed specified sexually assaultive behavior may be admissible for specified reasons; requiring that the State file a motion of intent to introduce specified evidence at least 90 days before trial; authorizing the court to admit evidence of sexually assaultive behavior if the court finds that the evidence is being offered to prove lack of consent or rebut a specified allegation that a minor victim fabricated the sexual offense; etc.

 

MSBA Position:  OPPOSE (Sen. JPR amended this failing bill into HB 646 – Rape Survivor)

 

SB 356

Passed

Zirkin

Judicial Proceedings; Judiciary

Local Government Tort Claims Act and Maryland Tort Claims Act – Statute of Limitations and Notice Requirements

Providing that when a specified cause of action accrues in favor of a minor or mental incompetent under the Local Government Tort Claims Act or the Maryland Tort Claims Act, an action must be filed within 3 years after the disability is removed; and applying the Act prospectively.

 

MSBA Position:  SUPPORT

 

SB 1101

Failed

Gladden

Rules

Jurors – Qualification – Prior Conviction

Repealing a requirement that an individual who has been convicted of a specified crime and received a specified sentence be disqualified from jury service; and repealing a requirement that an individual who has specified pending criminal charges be disqualified from jury service.

 

MSBA Position:  OPPOSE

 

 

 

 

SB 1132

Failed

Manno et al.

Rules

Commercial Law – Debt Settlement Services – Exemption and Fee

Altering a specified exemption from registration as a debt settlement services provider; and providing that a registrant may not charge a debt settlement services fee that exceeds 30% of the excess of the principal amount of the debt over the amount paid to the creditor or debt collector to settle the individual debt.

 

MSBA Position:  OPPOSE

 

SB 1134

Failed

DeGrange

Judicial Proceedings

Criminal Procedure – Initial Appearance Before a District Court Commissioner – Costs for Appointed Legal Representation

Requiring that specified costs related to providing appointed legal representation at an initial appearance before a District Court commissioner be billed to and paid by the county in which the representation is provided if the costs exceed the amount restricted for that purpose in the State budget.

 

MSBA Position:  SUPPORT (provisions related to local gov’t responsibility needed to continue Appointed Atty Program)

 

SB 1156

Failed

Zirkin et al.

Judicial Proceedings; Judiciary

Criminal Procedure – Determination of Eligibility for Services – Office of the Public Defender

Requiring a commissioner to determine the indigence of a specified individual at a specified proceeding under specified circumstances; and providing a presumption that an individual qualified as indigent by a commissioner at an initial appearance qualifies for the service of the Office of the Public Defender.

 

MSBA Position:  MONITOR

 

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