2006 Legislative Agenda

From: Dorothy Lennig, Legal Clinic Director

Great news: The bill to increase the length of the protective order passed the Senate on a vote of 46-0. It will now go to the House Judiciary Committee. Last year, we had trouble in the Judiciary Committee. I will let you all know when I need you to contact your delegates.

Last week, we had a very extensive hearing in the Senate Judicial Proceedings Committee on SB 353, the bill to allow the transfer of jointly titled real property at the time of the divorce. The senators had lots of questions. I hope that means they were really focused on what the bill was about. This is one of our important bills this year. I will send a separate e-mail to those of you who live in the districts of members of the Senate Judicial Proceedings Committee to ask you to contact them to express your support. This bill (HB 452) is being heard in the House Judiciary Committee on Thursday.

If you would like me to determine which District you are in or how to contact your representatives, please e-mail me your home street address (info@hruthmd.org). Throughout the course of the session, you will be asked to contact your representatives, particularly if they are on the House Judiciary Committee or the Senate Judicial Proceedings Committee. Please include your address on all correspondence so that your representative knows you live in her/his district.

The following is a list of the bills we are monitoring:

SB 87 - Family Law - Protective Orders - Duration of Final Order   This bill will increase the duration the judge can order a protective order from one year to two years. The Senate passed this bill on a vote of 46-0.

SB 86 - Family Law - Protective Orders - Burden of Persuasion   This bill will change standard of proof in a protective order from clear and convincing evidence to preponderance of the evidence. Because most domestic violence cases occur without witnesses, petitioners often have trouble meeting the higher standard of clear and convincing evidence. This will make it easier for a victim to get a protective order in a "he said/she said" situation. Hearing before the Senate Judicial Proceedings Committee on Tuesday, January 24 at 1 p.m.

HB 452/SB 353 - Family Law - Property Disposition in Annulment or Divorce - Transfer of Real Property  This bill amends the marital property law to allow the transfer of jointly titled real property at the time of the divorce. Currently, at the time of a divorce, if the parties cannot agreed on what to do with their real property (including the family home) the only option the court has is to order the property be sold. (If there are children, the court can order use and possession of the home to the custodial parent for up to 3 years). As many of you recall, two years ago we successfully changed marital property law to allow the Court to transfer personal property (furniture, cars, household goods, etc.) at the time of a divorce. This bill allows the court to transfer the jointly titled real property. Hearing before the Senate Judicial Proceedings Committee on Thursday, February 9 at 1 p.m. Hearing before the House Judiciary Committee on Thursday, February 16 at 1 p.m.

Joint Custody (no bill has been filed yet)  Year after year bills are introduced to create a presumption of joint custody. This presumption would be extremely detrimental to victims of domestic violence. It would force battered women to continue to have to communicate and negotiate with their batterers over issues of importance concerning the children even after they got divorce. Joint custody orders allow emotional intimidation and psychological abuse to continue by forcing victims to negotiate and compromise with their batterers. Many batterers will use joint custody, not as a way to co-parent, but as a way to gain continued and ongoing access to the victim. Batterers use this order of joint custody as a way to continue to control and dominate the victim. These are the very reasons the victim sought to end the relationship. This places victims in danger of further violence, burdens the courts with post-judgment proceedings, and can cause mental harm to children who witness abuse. We expect a bill to be filed this year and we will oppose it.

HB 1372 - Task Force on Child Custody Decisions, has been introduced. I will review this bill to determine whether we need to oppose it.

HB 238 / SB 141 - District Court - Violation of Probation - Notice or Warrant  The District Court is interpreting the current law to mean that if a probationer violates his/her probation during the time of the probation, the agent must file the notice of the violation before the probationary period ends. This means that if the probationer violates the probation on a Friday night and the probation ends on Saturday and the agent does not know about it until Monday morning, it is too late to file the notice of the violation. This bill will conform the language of the statute to match the circuit court and allow the agent to file the notice of violation after the end of the probationary period so long as it is within a "reasonable time". This is a bill that we have been asked to support by the Chief Judge of the District Court. Hearing before the Senate Judicial Proceedings Committee on Tuesday, February 7 at 1 p.m. and before the House Judiciary Committee on Wednesday, February 8 at 1 p.m.

HB 237 / SB 143 - Right of Appeal - Violations of Probation - On the Record  Under the current law, if a defendant wants to appeal a District Court violation of probation order, it is a de novo hearing (a new hearing, not on the record) in the circuit court. Generally, a litigant has the right to one appeal on the record, not a new hearing. This bill would amend the statute to have the appeal of a violation of probation be on the record. The concern is that it is hard enough to get the victims to appear and testify at the original VOP hearing. If the appeal is a new hearing in the circuit court, the victim would be required to appear yet again. This is difficult and burdensome for the victim and there is a good chance that the victim will simply give up and not appear. This is a bill that we have been asked to support by the Chief Judge of the District Court. At this time, we are planning to monitor this bill, but not present testimony. Hearing before the Senate Judicial Proceedings Committee on Tuesday, February 7 at 1 p.m. and before the House Judiciary Committee on Wednesday, February 8 at 1 p.m. Unfavorable report House Judiciary Committee.

HB 1250 / SB 778 - Criminal Procedure - Conditions of Probation - Protective Orders  This bill would allow judges in criminal cases to order protective orders. Hearing dates have not been set.