MARYLAND, USA — With a government shutdown narrowly avoided, residents in Maryland shift their focus to new laws going into effect on October 1, 2023. The following are nine notable laws we think you should pay attention to and what they could mean for you.
Repeal of Spousal Defense
- Currently under Maryland law, if your spouse is being prosecuted, you do not have to take the stand under spousal communications privilege.
- The new law will repeal that defense if your spouse is on trial for rape or any other sexual offense charge.
Child Sexual Assault statue of limitations
- This law will repeal current amendments that do not allow individuals to retroactively file a lawsuit against a former abuser.
- Beginning October 1st, any victim of sexual abuse can file a civil lawsuit up to 20 years after the date they become an adult.
- If the court finds the offender guilty, the victim could earn up to $1.5 million.
Expungement of Records: Waiting Periods
This law changes how long an individual must wait before filing a petition to have something expunged from their record. The waiting period for filing a petition is now five years after sentencing, parole, probation or mandatory supervision has been satisfied.
Here are some of charges that are now applicable for expungement:
- Disorderly intoxication
- Operating and/owning a business without the proper licenses and in bad faith.
- Assault
- Making, issuing, presenting a counterfeit prescription order (this does not include the use or possession of cannabis)
- Arson
- Burglary in the fourth degree
- Property damage for less than $1000
- Any first time violation of a misdemeanor charge
- Prostitution
- General theft
- This is contingent upon the offender not having an outstanding balance with the court.
Hospitals testing for fentanyl
- Hospitals will begin testing for fentanyl as part of urine drug screenings in patients suspected of an overdose.
- If fentanyl is detected in the drug test, it will be reported to the Maryland Department of Health
Ground for divorce
1. Courts can now decree a limited divorce if:
- The parties have been living separately for at least 6 months
- Abuse of a child
2. The court can decree a divorce for a limited time or an indefinite time.
- The court may decree an absolute divorce for:
- Adultery
- Irreconcilable differences
- Sentenced to at least 3 years in prison
Victims of child sex trafficking
The Safe Harbor Law will prevent victims of child sex trafficking from being charged with certain crimes such as:
- Trespassing
- Theft
- Prostitution
- Driving without license
- Possessing a fake ID
Sexual offenses - crime of violence and lifetime supervision
This law mandates that an individual convicted of specific sexual abuse crimes must receive a lifetime sexual offender supervision sentence.
Rent increase
A landlord must notify a tenant, either in writing or through email and at least 120 days before, increasing the tenant’s rent by more than 4%
Gender affirming treatment
This law mandates that the Maryland Medical Assistance Program must offer medically necessary gender-affirming treatment without discrimination. The program can not withhold care regarding gender-affirming treatment unless a qualified healthcare provider with experience in this field reviews and confirms the decision made.
For a full list of the new laws in effect, head over to the Maryland General Assembly's website.