Civil Actions And Procedures

State (Maryland)
Maryland 2023 Regular Session

Health – Mental Health Care Provider Immunity and Establishment of Specialty Tertiary Care Psychiatric Programs [SB-600] [Healthcare ] [Mental Health ] [Public Health ] [Law Enforcement ] [Public Safety ]
Establishing that certain mental health care providers, administrators of certain programs, and certain employees of administrators have immunity from liability for certain actions related to harm to or from certain patients; and providing that the Maryland Department of Health is a "reporting agency" for the purpose of certain provisions of law governing public-private partnerships under certain circumstances.

  

Sponsored by: Sen. Brian Feldman Withdrawn By Sponsor on 03/07/2023

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State (Maryland)
Maryland 2023 Regular Session

Maryland False Claims Act and Maryland False Health Claims Act - Revisions [SB-666] [Healthcare ] [Public Health ] [Law Enforcement ] [Crime ] [Consumer Protection ]
Authorizing certain persons to continue with actions under the Maryland False Claims Act and the Maryland False Health Claims Act when the governmental entity or the State elects not to proceed with the action; authorizing the governmental entity or the State to serve certain subpoenas under the Maryland False Claims Act and the Maryland False Health Claims Act; and requiring certain penalties under the Maryland False Claims Act and the Maryland False Health Claims Act be at least $5,000.

  

Sponsored by: No sponsors Hearing 2/28 At 1:00 P.m. on 02/14/2023

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State (Maryland)
Maryland 2023 Regular Session

Courts - Strategic Lawsuits Against Public Participation [SB-619] [Law Enforcement ] [Public Safety ] [Crime ] [Criminal Justice ]
Altering the conditions under which a lawsuit is considered a strategic lawsuit against public participation (SLAPP suit); altering the conditions under which a defendant in a SLAPP suit is not civilly liable for certain communications; establishing certain standards and requirements relating to a motion to dismiss an alleged SLAPP suit; and applying the Act prospectively.

  

Sponsored by: Sen. Shelly Hettleman Hearing 3/15 At 1:00 P.m. on 02/14/2023

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State (Maryland)
Maryland 2023 Regular Session

Civil Actions - Child Sexual Abuse - Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023) [SB-686] [Crime ] [Family-Related Legislation ] [Children and Youth ] [Criminal Justice ] [Law Enforcement ] [Public Safety ]
Altering the definition of "sexual abuse" for purposes relating to civil actions for child sexual abuse to include any act that involves an adult allowing or encouraging a child to engage in certain activities or any other sexual conduct that is a crime; repealing the statute of limitations in certain civil actions relating to child sexual abuse; repealing a statute of repose for certain civil actions relating to child sexual abuse; providing for the retroactive application of the Act under certain circumstances; etc.

  

Sponsored by: Sen. William Smith Approved By The Governor - Chapter 5 on 04/11/2023

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State (Maryland)
Maryland 2023 Regular Session

Public Safety - Maryland Police Training and Standards Commission - Notification of Action Filed Against Police Officer [HB-430] [Public Safety ] [Crime ] [Law Enforcement ] [Criminal Justice ]
Requiring a court to notify the Maryland Police Training and Standards Commission of the filing of a civil action against a police officer involving allegations that the police officer wrongfully caused the death of or serious bodily injury to an individual; and requiring the court to make the required notification within 10 days after the filing of the civil action.

  

Sponsored by: Rep. Jheanelle Wilkins Third Reading Passed (101-36) on 04/07/2023

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State (Maryland)
Maryland 2023 Regular Session

Local Government Tort Claims Act – Cambridge Waterfront Development, Inc. [SB-301] [Law Enforcement ] [Community Development ] [Economic Development ]
Altering the definition of "local government" under the Local Government Tort Claims Act to include the Cambridge Waterfront Development, Inc., in Dorchester County; and providing that a requirement to provide notice of a claim does not apply to unliquidated damages actions against the Cambridge Waterfront Development, Inc. or its employees.

  

Sponsored by: Sen. Johnny Mautz Third Reading Passed (45-0) on 03/31/2023

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State (Maryland)
Maryland 2023 Regular Session

Criminal and Civil Trespass - Professional Land Surveyors - Exception [SB-288] [Crime ] [Real Estate ] [Public Safety ]
Establishing exceptions to certain criminal prohibitions against trespass on property and the civil tort of trespass for professional land surveyors, and agents and employees of professional land surveyors, who enter the property of another to practice land surveying.

  

Sponsored by: Sen. Jeff Waldstreicher Hearing 4/05 At 1:00 P.m. on 03/29/2023

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State (Maryland)
Maryland 2023 Regular Session

Courts - Prohibited Liability Agreements - Recreational Facilities [SB-291] [Recreation ] [Consumer Protection ] [Public Safety ]
Establishing that a provision in a contract or agreement relating to the use of a recreational facility that purports to release the recreational facility from, limit, or indemnify or hold harmless the recreational facility against, liability for bodily injury is void and unenforceable when the bodily injury is caused by or results from the negligence or other wrongful act of the recreational facility or its agents or employees.

  

Sponsored by: Sen. Jill Carter Favorable With Amendments Report By Judiciary on 04/10/2023

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State (Maryland)
Maryland 2023 Regular Session

Evidence - Witness Credibility - Forgery Conviction [HB-387] [Crime ] [Criminal Justice ]
Requiring that evidence that a witness has been convicted of forgery be admitted in court for the purpose of attacking the credibility of the witness under certain circumstances.

  

Sponsored by: Rep. Christopher Bouchat First Reading Judiciary on 01/26/2023

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State (Maryland)
Maryland 2023 Regular Session

Real Property - Sheriff's Sales - Procedures and Subordinate Interests [SB-277] [Real Estate ] [Finance ] [Housing ] [Property Tax ] [Budget and Spending ] [Law Enforcement ]
Establishing that a sheriff's sale of real property extinguishes subordinate liens on the land being sold; providing that certain provisions of the Act do not impair a lien on land affected by a judgment in favor of a local government for real property maintenance violations or nuisance condition violations that is indexed and recorded in accordance with the Maryland Rules; and authorizing the Judiciary to transfer up to $12,000,000 of a General Fund appropriation to a certain special fund on or before June 30, 2023.

  

Sponsored by: Sen. Mike McKay Approved By The Governor - Chapter 762 on 05/16/2023

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State (Maryland)
Maryland 2023 Regular Session

Courts – Prohibited Indemnity and Defense Liability Agreements [HB-256] [Construction ] [Consumer Protection ] [Law Enforcement ]
Prohibiting a provision in a contract with a design professional for professional services that requires the design professional to indemnify or hold harmless certain parties unless the design professional is at fault for causing the loss, damage, or expense indemnified; and prohibiting a provision in a contract with a design professional for professional services that requires the design professional to defend certain parties against liability or certain claims.

  

Sponsored by: Rep. Vanessa Atterbeary Hearing 2/01 At 2:30 P.m. on 01/26/2023

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State (Maryland)
Maryland 2023 Regular Session

Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023) [HB-259] [Firearms/Gun Control ] [Crime ] [Public Safety ] [Consumer Protection ]
Prohibiting firearm industry members from knowingly or recklessly creating, maintaining, or contributing to public harm by the sale, manufacture, distribution, importation, or marketing of a firearm-related product; requiring a firearm industry member to implement certain controls regarding the sale, manufacture, distribution, importation, marketing, possession, or use of certain firearm-related products; establishing that a violation of the Act is a public nuisance; authorizing certain civil actions for violations; etc.

  

Sponsored by: Rep. Samuel Rosenberg Hearing 2/01 At 2:30 P.m. on 01/26/2023

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State (Maryland)
Maryland 2023 Regular Session

Evidence - Witness Credibility - Forgery Conviction [SB-236] [Crime ] [Criminal Justice ]
Requiring that evidence that a witness has been convicted of forgery be admitted in court for the purpose of attacking the credibility of the witness under certain circumstances.

  

Sponsored by: Sen. Chris West Hearing 2/14 At 1:00 P.m. on 01/26/2023

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State (Maryland)
Maryland 2023 Regular Session

Local Government Tort Claims Act - Cambridge Waterfront Development, Inc. [HB-194] [Law Enforcement ] [Community Development ]
Altering the definition of "local government" under the Local Government Tort Claims Act to include the Cambridge Waterfront Development, Inc., in Dorchester County; and providing that a requirement to provide notice of a claim does not apply to unliquidated damages actions against the Cambridge Waterfront Development, Inc. or its employees.

  

Sponsored by: No sponsors Hearing 3/08 At 1:00 P.m. on 02/22/2023

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State (Maryland)
Maryland 2023 Regular Session

Courts - Prohibited Liability Agreements - Recreational Facilities [HB-207] [Recreation ] [Public Safety ] [Consumer Protection ]
Establishing that a provision in a contract or agreement relating to the use of a recreational facility that purports to release the recreational facility from, or indemnify or hold harmless the recreational facility against, liability for bodily injury is void and unenforceable when the bodily injury is caused by or results from the negligence or other wrongful act of the recreational facility or its agents or employees; and providing that a certain unit of State or local government is not included in the term "recreational facility".

  

Sponsored by: Rep. David Moon Favorable Adopted on 04/10/2023

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State (Maryland)
Maryland 2023 Regular Session

Action to Collect a Private Education Loan – Required Documents [SB-165] [Student Loans ] [Consumer Protection ]
Prohibiting private education lenders and private education loan collectors from initiating a certain action unless the private education lenders or private education loan collectors possess and enter into evidence certain documents; requiring a private education loan collector to provide certain information to a student loan borrower in a certain manner and on the request of the borrower; authorizing a person that suffers damage from a creditor's failure to comply with the Act to bring an action against the creditor; etc.

  

Sponsored by: Sen. Ronald Watson Unfavorable Report By Judicial Proceedings on 03/27/2023

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State (Maryland)
Maryland 2023 Regular Session

Courts - Strategic Lawsuits Against Public Participation [HB-129] [Law Enforcement ] [Public Safety ] [Crime ] [Criminal Justice ]
Altering the conditions under which a lawsuit is considered a strategic lawsuit against public participation (SLAPP suit); altering the conditions under which a defendant in a SLAPP suit is not civilly liable for certain communications; establishing certain standards and requirements relating to a motion to dismiss an alleged SLAPP suit; and applying the Act prospectively.

  

Sponsored by: Rep. Samuel Rosenberg Referred Judicial Proceedings on 03/03/2023

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State (Maryland)
Maryland 2023 Regular Session

District Court - Small Claims - Enforcement of Money Judgments [HB-127] [Law Enforcement ] [Consumer Protection ] [Public Safety ] [Crime ] [Criminal Justice ]
Prohibiting the District Court, in aid of enforcement or execution of a money judgment resulting from a certain small claim action, from ordering the appearance of an individual for an examination or ordering an individual to answer interrogatories.

  

Sponsored by: Rep. Luke Clippinger Approved By The Governor - Chapter 709 on 05/16/2023

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State (Maryland)
Maryland 2023 Regular Session

Civil Actions - Civil Immunity - Educator Intervention [HB-137] [Education ] [Public Safety ] [Children and Youth ] [Law Enforcement ]
Providing that a staff member of a school, acting in an official capacity, is not civilly liable for personal injury or property damage resulting from intervention in a student altercation or other student disturbance if the staff member intervened in a reasonably prudent manner and the actions taken do not constitute grossly negligent, willful, wanton, or intentionally tortious conduct.

  

Sponsored by: Rep. Robin Grammer Hearing 3/23 At 1:00 P.m. on 03/16/2023

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State (Maryland)
Maryland 2023 Regular Session

Civil Rights - Violation of Rights - Government Liability [HB-115] [Race and Civil Rights ] [Crime ] [Public Safety ] [Criminal Justice ]
Establishing the civil liability of a police officer who deprives or allows another to deprive an individual of certain rights under the Maryland Declaration of Rights and the Maryland Constitution; requiring that the employer of a police officer indemnify the law enforcement officer against a judgment or settlement entered against the officer under the Act subject to certain exceptions; requiring that a civil action under the Act be filed within 2 years after the cause of action accrues; etc.

  

Sponsored by: Rep. Gabriel Acevero Hearing 1/19 At 1:00 P.m. on 01/12/2023

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