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Key Votes

HB 1302 - Authorizes Extreme Risk Protective Order - Maryland Key Vote

Charles Otto voted Nay (Concurrence Vote) on this Legislation.

Read statements Charles Otto made in this general time period.

Timeline

Issues Related to HB 1302

Stage Details

Legislation - Signed (Executive) -

Title: Authorizes Extreme Risk Protective Order

Legislation - Concurrence Vote Passed (House) (93-46) - (Key vote)
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Title: Authorizes Extreme Risk Protective Order

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to concur with Senate amendment and pass a bill that authorizes extreme risk protective order.

Highlights:

 

  • Requires a petition for an extreme risk protective order to have the following information, including, but not limited to (Sec. 1):

    • Be signed and sworn to by the petitioner under the penalty of perjury;

    • Include any information known to the petitioner that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm;

    • Set forth specific facts in support of the information;

    • Explain the basis for the petitioner’s knowledge of the supporting facts, including a description of the behavior and statements of the respondent or any other information that led the petitioner to believe that the respondent presents an immediate and present danger of causing personal injury to the respondent or others; and

    • Describe the number, types, and location of any known firearms believed to be possessed by the respondent.

  • Requires a petition to also include any supporting documents or information regarding (Sec. 1):

    • Any unlawful, reckless, or negligent use, display, storage, possession, or brandishing of a firearm by the respondent;

    • Any act or threat of violence the respondent made against the respondent or against another, whether or not the threat of violence involved a firearm;

    • Any violation by the respondent of a protective order under the Family Law Article; and

    • Any abuse of a controlled dangerous substance or alcohol by the respondent, including any conviction for a criminal offense involving a controlled dangerous substance or alcohol.

  • Authorizes a petition for an extreme risk protective order to include health records or other health information concerning the respondent (Sec. 1).

  • Authorizes a petitioner to file a petition with the district court or to a district court commissioner when the office of the district court clerk is closed (Sec. 1).

  • Specifies that a petitioner who, in good faith, files a petition under this subtitle is not civilly or criminally liable for filing the petition (Sec. 1).

  • Specifies that nothing in this subtitle can be interpreted to require a healthcare provider to disclose health records or other health information concerning a respondent except (Sec. 1):

    • In accordance with a subpoena directing a delivery of the records or information to the court under seal; or

    • By order of the court.

  • Requires the commissioner, when determining whether to enter an interim extreme risk protective order under this section, to consider the following (Sec. 1):

    • All relevant evidence presented by the petitioner; and

    • The amount of time that has elapsed since any of the events described in the petition.

  • Requires the interim extreme risk protective order to (Sec. 1):

    • Order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

    • Prohibit the respondent pondent from purchasing or possession any firearm or ammunition for the duration of the interim extreme risk protective order.

  • Requires an interim extreme risk protective order to state the date, time, and location for a temporary extreme risk protective order hearing and a tentative date, time, and location for a final extreme risk protective order hearing (Sec. 1).

  • Authorizes the judge to proceed with a final extreme risk protective order hearing instead of a temporary extreme risk protective order hearing if (sec. 1):

    • The respondent appears at the hearing;

    • The respondent has been served with an interim extreme risk protective order; or

    • The court otherwise has personal jurisdiction over the respondent.

  • Requires the final extreme risk protective order to accomplish the following, including, but not limited to (Sec. 1):

    • Order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent's possession; and

    • Prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

  • Defines “extreme risk protective order” as a civil interim, temporary, or final protective order issued in accordance with this (Sec. 1).

  • Defines “petitioner” as an individual who files a petition for an extreme risk protective order (Sec. 1).

  • Specifies that a petitioner includes the following (Sec. 1):

    • A physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, designee of a health officer who has examined the individual;

    • A law enforcement officer;

    • The spouse of the respondent or a cohabitant of the respondent;

    • A person related to the respondent by blood, marriage, or adoption;

    • An individual who has a child in common with the respondent;

    • A current dating or intimate partner of the respondent; or

    • A current or former legal guardian of the respondent.

  • Defines “respondent” as a person against whom a petition for an extreme risk protective order is filed (Sec. 1).

Legislation - Bill Passed With Amendment (Senate) (31-18) -

Title: Authorizes Extreme Risk Protective Order

Legislation - Bill Passed (House) (116-17) -

Title: Authorizes Extreme Risk Protective Order

Legislation - Introduced (House) -

Title: Authorizes Extreme Risk Protective Order

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