Recently Passed Laws in the State of Maryland-2015
Automobile Accidents, Family Law Leave a Comment
There are numerous new laws that have already taken place or will take place effective October 1, 2015 in Maryland. These laws include the following:
- Marijuana Possession Decriminalization – The possession of less than 10 grams of marijuana will be a civil offense rather than a criminal offense. Civil penalties include $100.00 for a first offense, $250.00 for a second offense and $500.00 for a third offense. The law requires teen offenders to be evaluated for treatment.
- Transgender Discrimination – Transgender persons will have protection against discrimination relating to housing, employment, credit and use of public accommodations.
- Domestic Violence – A person who commits domestic violence in front of a child could face an additional penalty up to five years in jail. The standard of evidence for obtaining a final protective order has been reduced from a clear and convincing standard to a preponderance of evidence standard. Thus the burden of proof is significantly less under this change in the law.
- Tow Truck Driver’s Protection – a motorist will be required to move to an open lane of a highway away from a tow truck seeking to attend to an off road emergency or slow to a reasonable or prudent speed that is safe similar to what is required when approaching police who are stopped alone side the road.
- Texting Resulting in Death or Serious Injury – A person who text while driving resulting in death or serious injury will face a penalty of up to 1 year in jail and a $5,000.00 fine.
- Commercial Transaction – Effective October 1, 2015 there will be a prohibition in Maryland for a person causing a financing statement to be filed which is false.
- Criminal – Effective October 1, 2015 a person convicted of specified drug related offenses is not prohibited from participating in a drug treatment program and the statute allows the court to depart from specified mandatory minimal sentences under specified circumstances.
- Criminal – Maximum Speed Limit on Maryland Highways – Effective October 1, 2015 the maximum speed limit in on certain highway will be established at 70 mph instead of the current maximum of 65.
- Crimes of Violence Home Invasions – Effective October 1, 2015 the offense of home invasion will become a crime of violence.
- Domestic Violence – Effective October 1, 2015 a judge may include in a final protective order any other relief the judge determines is necessary to protect a person from abuse.
- Elder Abuse – Effective October 1, 2015 the state’s attorney may file a petition to freeze the assets of a defendant who is charged with financial crimes involving vulnerable or elder adults.
- Domestic Violence – Effective October 1, 2015 the court may issue a final protective order for a period not to exceed two years by consent of the respondent.
- Criminal – Effective October 1, 2015 the court must dismiss a possession of marijuana charge if the court finds that the person used or possessed the marijuana because of medical necessity.
- Family Law – Effective October 1, 2015 a court may issue a judgment of absolute divorce on the grounds of mutual consent if the parties do not have minor children and the parties submit to the court a written settlement agreement signed by both parties.
- Domestic Violence – Effective October 1, 2015 a court may include as a person eligible for relief an individual who has had a sexual relationship with the respondent within one year prior to the filing of the petition for domestic violence.
- Criminal – Effective October 1, 2015 the groups of persons who may be eligible to file a petition for post-conviction DNA testing for a data base or log search is expanded.
- Criminal – Effective October 1, 2015 a person may file a petition for explungement if the person was convicted of a crime and the act for which the conviction was based is no longer a crime.
- Criminal – Effective October 1, 2015 an act of seeking assistance by a person who experiences a medical emergency after ingesting or using alcohol or drugs may be used as a mitigating factor in a criminal prosecution.
- Criminal – Effective October 1, 2015 it will be a crime in Maryland to intentionally cause physical injury to another if the person knows or has reason to know that the person is a fire fighter an emergency technician, a rescue squad member or any other respondent engaged in providing emergency medical care or rescue services.
- Family Law – Effective October 1, 2015 the residency requirement for seeking a divorce in Maryland will be reduced from one year to six months.
- Criminal – Effective June 1, 2015 it became a criminal offense in Maryland to sell or offer to sell alcoholic beverages that are sold in a powder or crystalline form for direct use or in combination with water or any other substance.
- Negligence – Effective October 1, 2015 the maximum that can be awarded to an individual under the local government torts claim act has increased to $400,000.00 per individual claimant and $800,000.00 in total claims. In addition the time from given notice is extended from the present 180 days to 1 year after the date of injury.
- Family Law – Effective October 1, 2015 the requirement that the separation of the parties be voluntary without a reasonable expectation of reconciliation is eliminated in the granting a limited divorce.
- Negligence – Effective October 1, 2015 the court will have the authority to limit the amount of the supersedeas bond required to stay the enforcement of a civil action while the case is on appeal.
- Criminal – Effective October 1, 2015 the administrative sanctions for specified alcohol related administrative per se offenses which are applicable to a person who was involved in a motor vehicle accident that resulted in the death of another person are increased.



