2022 MLAW Legislative Agenda – Final Report  

Click HERE to download a PDF copy.

BILLS THAT PASSED

HB 148/SB 328  ▪  Criminal Law – Stalking – Definition Alters the definition of stalking to include conduct that occurs in person, through electronic communication, or through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent. PASSED.  Signed by the Governor.

HB 296/SB 280  ▪  Temporary Protective Orders – Electronic Filing and Video Conferencing Hearings Enables a petitioner receiving medical treatment at a hospital to electronically file a petition for a temporary protective order while at the hospital and requires hospitals to refer petitioners to certain programs.  It also enables a petitioner to electronically file a petition for a temporary protective order from certain programs and centers.  It also requires a court that receives an electronically filed petition to hold a hearing through video conferencing either the same or next business day. PASSED.  Signed by the Governor. 

HB 937/CH 56/SB 890  ▪  Abortion Care Access Act Establishes the Abortion Care Clinical Training Program in the Maryland Department of Health to ensure that there are a sufficient number of health professionals to provide abortion care, including physicians, nurse practitioners, certified nurse-midwives/certified midwives, and physician assistants.  Establishes the Abortion Care Clinical Training Program Fund, including provision and coverage requirements for abortion services for the Maryland Medical Assistance Program and certain insurers (no deductible, coinsurance, copayment or other cost-sharing required).  Requires the Governor to include in the annual budget bill an appropriation of $3,500,000 to the Program. PASSED.  Vetoed by the Governor but overridden by the General Assembly.

SB 275/CH 48/HB 8  ▪  Labor and Employment – Family and Medical Leave Insurance Program Establishment (Time to Care Act of 2022) Establishes the Family and Medical Leave Insurance Program in the Maryland Department of Labor to provide benefits to individuals who take leave from employment for certain purposes (e.g., new children, family members with serious health conditions or disabilities, or themselves).  Establishes the Family and Medical Leave Insurance Fund, requiring that beginning October 1, 2023 certain employees, employers (over 15 employees), and self-employed individuals to contribute to the Fund.  It also requires the Secretary to establish the total rate of contribution and the percentages of the total rate of contribution to be paid by employees and employers. PASSED.  Vetoed by the Governor but overridden by the General Assembly. 

BILLS THAT DID NOT PASS

HB 153 ▪  Criminal Law – Sexual Crimes – Repeal of Spousal Defense/SB 33  ▪  Criminal Law – Sexual Crimes – Fourth-Degree Sexual Offense and Spousal Defense The original version of this bill would have repealed the law allowing marriage as a defense to sex crimes. Conference committee reached agreement but failed to make it to the floor of the Senate for a vote.

HB 454/SB 776  ▪  Correctional Services – Pregnancy and Postpartum Support (Prevention of Forced Infant Separation Act) This bill would have allowed incarcerated women in prerelease status to relocate to the prerelease unit for women throughout the duration of their pregnancy and allowed an inmate in prerelease status who recently gave birth to a child to reside in the in the prerelease unit for women up to one year following the birth.  It also provided for the father or secondary caretaker of a child residing in the prerelease unit liberal visitation with the child if legally allowed.  The bill established a Healthy Start Bonding Program to facilitate strong bonds between incarcerated women and their children. No vote in House Judiciary or Senate Judicial Proceedings Committees.

HB 626/SB 669  ▪  Pregnant Person’s Freedom Act of 2022 This bill would have prevented pregnant people or those who have experienced pregnancy loss or termination as well as individuals who assist or provide aid to pregnant people seeking abortion care from criminal penalties or civil liabilities.  No vote in House Health and Government Operations or Senate Judicial Proceedings Committees.

HB 833/SB768  ▪  Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe Harbor and Service Response This bill would have provided a safe harbor for child victims of sex trafficking and prevent further victimization by connecting them to services and preventing criminal charges that are a direct result of their being a victim of sex or human trafficking. Conference committee reached agreement but failed to make it to the floor of the Senate for a vote.

 

2021 Legislative Agenda Final Report

Download the 2021 Legislative Agenda Final Report

BILLS THAT PASSED

SB 505/HB 277    Criminal Law – First Degree Child Abuse – Continuing Course of Conduct
Establishes as first-degree child abuse three or more acts that constitute second-degree child abuse committed as a continuing course of conduct.
PASSED.  Sent to Governor.

SB 427/HB 205    Public Schools – Provision of Menstrual Hygiene Products – Requirements
Will require each county board of education to ensure that each public middle and high school provide, at no charge to students, menstrual hygiene products via dispensers in the restrooms at the school.  It will require a public middle or high school to install menstrual hygiene product dispensers in at least two women’s restrooms by October 1, 2022 and in all women’s restrooms by August 1, 2025. It will require the state to reimburse a county board for the costs of purchasing and installing menstrual hygiene product dispensers.
PASSED.  Sent to Governor.

SB 172/HB 463    Maryland Health Equity Resource Act
Establishes a Pathways to Health Equity Program in the Community Health Resources Commission to provide the foundation and guidance for a permanent Health Equity Resource Community program.  It requires the Program to provide grant funding to reduce health disparities, improve health outcomes, improve access to primary care, promote primary and secondary prevention services, and reduce health care costs.  It requires the Commission to establish Health Equity Resource Communities to target State resources to certain areas for certain purposes.
PASSED.  Sent to Governor.

SB 486/HB 581    Labor and Employment – Employment Standards During an Emergency (Maryland Essential Worker Protections Act)
Requires each essential employer to take certain actions related to occupational safety and health during an emergency.  It provides that an essential worker has the right to refuse to perform a certain task as provided under certain provisions of law, and it requires essential employers to take certain steps to minimize the risk of transmission of an infectious disease.  It also requires essential employers to report certain test results to the Maryland Department of Health and requires the Department to categorize and the publish the results.
PASSED.  Sent to Governor.

BILLS THAT DID NOT PASS

SB 57/HB 748    Family Law – Custody and Visitation
Would codify the best interest of the child factor in child custody cases to ensure consideration of allegations of child abuse or domestic violence.
Passed both chambers with amendments but did not cross back over.  Referred to Rules Committee.

SB 211/HB 375    Labor and Employment – Family and Medical Leave Insurance Program – Establishment  (The Time to Care Act of 2021)
Establishes a family and medical leave insurance fund to provide partial wage replacement for employees to care for a new child, a family member’s serious health condition, their own health condition, or a family member’s military deployment.
No votes in committees.

SB 250/HB147    Criminal Law – Sexual Crimes – Repeal of Spousal Defense (Love is No Defense Act to Sexual Crimes)
Repeals allowing marriage as a defense to sex crimes. 
Passed House.  Amended in Judicial Proceedings Committee, which significantly weakened the bill.  Conference Committee failed to produce an acceptable bill.

SUCCESSFUL VETO OVERRIDES (FROM 2020)

HB 4/SB 208    Public Safety – Rifles and Shotguns – Sales, Rentals, and Transfers
This legislation closes a loophole in Maryland law to require a background check on all gun sales (including unlicensed sellers online or at gun shows). This bill would keep rifles and shotguns out of the hands of people with dangerous histories, including domestic abusers, convicted felons, and subjects of red flag laws.
VETO OVERRIDEN

SB 684/HB 801    Correctional Services – Prerelease Unit for Women – Facilities and Services (Gender-Responsive Prerelease Act)
This legislation establishes a pre-release center for women with re-entry services such as family reunification, employment, housing, and addictions counseling.  While there are many pre-release centers for incarcerated men, there are ZERO pre-release centers for women in Maryland.
VETO OVERRIDEN

 

2020 Legislative Agenda Final Report

Click here to download a PDF of the 2020 Report: MLAW 2020 Legislative Agenda Final Report

BILLS THAT PASSED

HB 4/SB 208 ▪ Public Safety – Rifles and Shotguns – Sales, Rentals, and Transfers This legislation closes a loophole in Maryland law to require a background check on all gun sales (including unlicensed sellers online or at gun shows). This bill would keep rifles and shotguns out of the hands of people with dangerous histories, including domestic abusers, convicted felons, and subjects of red flag laws. PASSED – VETOED by Governor

HB 123/SB 217 ▪ Labor and Employment – Wage History and Wage Range  This legislation prohibits employers from seeking and relying on job applicants’ salary history and requiring employers to provide the salary range for a position upon the applicant’s request. It would ensure that women and people of color aren’t forced to carry lower earnings and pay discrimination with them from job to job. PASSED – sent to Governor

HB 233/SB 212 ▪ Criminal Law – Assault in the First Degree – Strangulation This legislation classifies intentional strangulation as Assault in the First Degree. Non-fatal strangulation is one of the most significant risk factors for femicide. Prior non-fatal strangulation is associated with a 6-fold increase in attempted homicide and a 7-fold increase in completed homicide. PASSED – sent to Governor

HB 242/SB 206 ▪ Criminal Procedure – Motion to Vacate Judgment – Human Trafficking (True Freedom Act of 2020)  This legislation allows survivors of human trafficking to remove crimes other than prostitution from their criminal records, increasing the ability of these survivors to access employment and stable housing as well as heal from the trauma of their trafficking experience. Under current law, only prostitution convictions were eligible for vacatur, even though survivors are often forced to commit other crimes. PASSED – sent to Governor

HB 246/SB 231 ▪ Sexual Solicitation of a Minor – Solicitation Through Parent, Guardian, or Custodian – Prohibition and Penalties  This legislation expands the definition of sexual solicitation of a minor to include the solicitation of the parent, legal guardian, or custodian of a minor, or a hypothetical minor. This legislation closes a loophole to deter and prosecute the attempted sexual solicitation of a minor. PASSED – sent to Governor 

HB 248/SB 210 ▪ Protective Orders – Relief Eligibility – Rape and Sexual Offenses This legislation clarifies that a victim of a rape or sexual offense, or attempted rape or sexual offense is eligible for a protective order rather than a peace order. Despite a change in the law in 2015 moving dating relationships from the peace order to the protective order, some judges did not believe that a victim qualified, even though there was sexual contact, because the parties were not in a “relationship.” This legislation ensures that victims are eligible for the more extensive protections of a protective order. PASSED – sent to Governor  

HB 608/SB 682 ▪ Correctional Services – Prerelease Unit for Women – Requirement to Operate

SB 684 ▪ Correctional Services – Prerelease Unit for Women – Facilities and Services (Gender-Responsive Prerelease Act) This legislation establishes a pre-release center for women with re-entry services such as family reunification, employment, housing, and addictions counseling. While there are many pre-release centers for incarcerated men, there are ZERO pre-release centers for women in Maryland. No action was taken on HB 608/SB 682. However, SB 684 ▪ Correctional Services – Prerelease Unit for Women – Facilities and Services (Gender-Responsive Prerelease Act) PASSED. It authorizes the operation of a separate prerelease facility for female inmates.  VETOED BY GOVERNOR.

BILLS THAT DID NOT PASS

HB 590/SB 230 ▪ Criminal Law – Sexual Crimes – Repeal Spousal Defense  This bill would have repealed the law allowing marriage as a defense to sex crimes. Currently spouses can only be prosecuted for any sex crime if they have a limited divorce, have lived separated and apart for three months or have a written separation agreement, or if rape involved actual force or threat of force. For other sex crimes, marriage is a complete defense. Passed House, sent to Senate. No action in Senate

HB 839/SB 539 ▪ Labor and Employment – Family and Medical Leave Insurance Program – Establishment This bill would have established a family and medical leave insurance fund to provide partial wage replacement for employees who take leave to care for a new child, a family member with a serious health condition, their own serious health condition, or a family member’s military deployment. It would have allowed employees to take up to 12 weeks of paid leave under certain circumstances. This program mirrors those in 8 other states and D.C. as well as building on MD law that established a parental leave benefit for state employees in 2018. No action