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Recently Passed Laws in the State of Maryland-2015

DFields@fishbeinpa.com,   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:

  1. 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.
  2. Transgender Discrimination – Transgender persons will have protection against discrimination relating to housing, employment, credit and use of public accommodations.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. Crimes of Violence Home Invasions – Effective October 1, 2015 the offense of home invasion will become a crime of violence.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. Family Law – Effective October 1, 2015 the residency requirement for seeking a divorce in Maryland will be reduced from one year to six months.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. 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.

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