The most recent legislative session of the Maryland General Assembly brought about significant changes to Maryland law that impact various practice areas. Attorneys in Maryland should carefully review these legislative changes to ensure they comply with the new provisions and are equipped to provide informed guidance to their clients.
State Government
SB0680 modified the law surrounding claims brought by the State. It empowered the State to continue pursuing actions to secure complete relief from responsible parties, if initial settlements do not cover all damages. SB0680 also mandated that in certain actions, judges or juries are required to make specific determinations and assign responsibility and liability accordingly. Additionally, it delineated that the provisions for uniform contribution among joint tort-feasors will not apply in certain cases, and alters the implications of settlements on the liability of responsible individuals. SB0680 took effect immediately upon enactment.
Juvenile Law
The General Assembly’s juvenile law reform efforts continued with the passage of HB0814, which alters juvenile court jurisdiction over minors and the processes for law enforcement taking children into custody. HB0814 also expanded regulations concerning sex offender registrants and their access to certain properties and educational provisions. Additionally, it modified the roles and responsibilities of the Commission on Juvenile Justice Reform and Emerging and Best Practices.
Portions of the law took effect on June 1, 2024, while others will go into effect on November 1, 2024.
THE FOLLOWING BILLS WENT INTO EFFECT JULY 1, 2024:
Criminal Procedure
SB0687 repealed certain provisions of law relating to bail bonds in the Seventh Judicial Circuit. It states that subject to certain conditions, a circuit court can establish rules for bail bonds, including setting terms and conditions, and regulating the qualifications and fees for bail bondsmen. A bail bond commissioner may be appointed to enforce the rules established by the circuit courts, and violations of these rules are punishable as contempt of court.
Environmental and Energy Law
SB0258 brought about changes to the Department of General Services policies. These alterations include revised goals for reducing energy consumption in state buildings and aligning the High Performance Green Building Program with greenhouse gas emissions reduction targets. SB0258 also dictates the Department of General Services must identify state-owned facilities suitable for energy performance contracts, emphasizing Maryland’s commitment to environmental sustainability and energy efficiency.
Litigation
HB1195, known as "Elijah’s Law," imposes new requirements on childcare providers, with the goal of managing anaphylactic food allergies. HB1195 tasked the State Department of Education and the Maryland Department of Health with developing guidelines to mitigate the risk of exposure to anaphylactic allergens in childcare environments. Large family child care homes and centers must adopt these policies. Of note to both plaintiffs’ and civil defense attorneys, HB1195 grants childcare providers immunity from civil liability under specified conditions.