AACPLL Blog

Law Library News

Posts Tagged ‘MDcode’

New Maryland Laws Effective July 2016 With More to Come October 2016

Posted by Yelitza Conover on August 11, 2016

Many new Maryland laws became effective on July 1, 2016 .  Still, keep an eye-out for more laws that are scheduled to take effect October 1, 2016 .
 

In Maryland, when both chambers of the General Assembly (House and Senate) have passed a bill, it is submitted to the Governor for his signature to make the bill into law or, if the Governor rejects the bill by a veto, the bill becomes law through three-fifths vote of the membership of each chamber. The Maryland Constitution requires new laws to take effect on the first day of June after the session which they were passed, unless another date is scheduled. In the past, Maryland bills were scheduled to become effective in July, but lately, many laws also get scheduled to take effect at the start of the  federal government’s new fiscal year, in October or at the start of the new calendar year, in January.

Media outlets, like the Baltimore Sun and the Capital Gazette have highlighted a few of the new laws that rolled-out in July. The most talked about law was the minimum wage increase to $8.75 per hour. This law is an example of how changes in state law can occur on a regularly-scheduled basis. This minimum wage change is part of an incremental increase under the Maryland Minimum Wage Act of 2014. It will reach $10.10 by July 2018.

To learn more about how a bill becomes a law in Maryland see the Maryland Manual On-Line’s page on the Legislative Process. See all Legislation passed by both chambers here. To read about more laws resulting from the 2016 session, see the Department of Legislative Services’ “90 Day Report”, a comprehensive review of legislation that was considered during the session. Also, see the “2016 Chapters: Chronological by Effective Date,” a list of new laws by Chapter Number and Bill Number in order of effective date.

 

 

 

 

Posted in lawlibrary | Tagged: , | Leave a Comment »

The Maryland General Assembly is in Session!

Posted by Chi Song on January 13, 2016

The Maryland General Assembly reconvenes today at 12:00 p.m. As Maryland’s legislative body, the General Assembly’s 47 Senators and 141 Delegates represent Maryland’s 47 districts.

Do you know who represents you? If not, check out these resources.

  • Legislator List – This page lists legislators by name and includes links to each legislator’s individual page on the General Assembly’s website. In addition, if you click on the “Who represents me?” link, you can find your elected officials based on your address.
  • You can also view your legislators by district or by county.
  • You can find information about the Senate’s Leadership and Officers as well as the address roster for current Senate members here.
  • Thomas V. Mike Miller, Jr., is the President of the Senate, and Michael E. Busch is the Speaker of the House of Delegates.

Do you want to learn more about the General Assembly and this year’s legislative session? Then check out their website at mgaleg.maryland.gov! Here are some highlights, but check out their website as it has a wealth of information.

There is a lot of information available on the website, which may be difficult for new users to navigate. For assistance, check out these video tutorials to help you navigate the General Assembly’s website, including how to find bill testimony, how to find budget testimony, how to contact committees, and how to view or listen to current proceedings.

Posted in lawlibrary, Maryland Law | Tagged: , | Leave a Comment »

Marital Settlement Agreement

Posted by Chi Song on November 12, 2015

Thanks to a change in Maryland law that went into effect last month, the Law Library has experienced a notable increase in the number of people requesting assistance with marital settlement agreements. The change in Maryland Law provides for an absolute divorce on the grounds of mutual consent if certain conditions are met. One of these conditions is the submission of a written settlement agreement that resolves all of the issues relating to alimony and the distribution of property.

What is a marital settlement agreement? A marital settlement agreement, also commonly referred to as a separation agreement or a property settlement agreement, is a written document that is a binding contract between a married couple in preparation for divorce, that they enter into voluntarily in order to address the division of their property, alimony and other relevant topics.

For background information, including negotiating and enforcing a marital settlement agreement, check out this article on the People’s Law Library.

Do you need to find a sample agreement? The Law Library can assist with you with locating samples that you can use as a starting point for drafting your marital settlement agreement. Please note, however, that the library cannot advise you as to what you should or should not include in your settlement agreement.

Do you need help with your marital settlement agreement? The Maryland Courts Self-Help Center (Phone: 410-260-1392) and the Family Law Self-Help Center (Phone: 410-280-5374) may be able to help. Please remember that the self-help centers can only provide limited legal assistance, so they may not be able to review your agreement in its entirety.

For more information, please contact the Law Library!

Posted in lawlibrary, Maryland Law, Pro Bono, Self Represented | Tagged: , , , , , | Leave a Comment »

Family Law Resources for Self-Represented Litigants at the Law Library

Posted by Chi Song on October 27, 2015


Questions related to family law matters, such as custody, child support, divorce and visitation, are the library’s most frequently asked questions. Here is a quick rundown of available resources and referrals. If you want to learn more or can’t find what you’re looking for, please
contact us!

 

Are you looking for background and general information? If so, check out these sites.

In addition, the Library carries the following print materials, which may assist you.

  • Maryland Family Law, 5th \ Fader (KFM 1294.F33 2011)
  • Maryland Divorce and Separation Law, 9th \ Thomas (KFM 1300.M37 2009)
  • Maryland Domestic Relations Forms \ Turnbull (KFM 1294A65 T38)
  • Maryland Law Encyclopedia – Children, Custody and Support, Divorce, Husband and Wife, Parent and Child
  • Maryland Digest – Child Custody, Child Support, Divorce, Husband and Wife, Parent and Child

 

Are you interested in the Maryland Code and Rules of Procedure? For the Maryland Code, the Family Law Article contains much of the law regarding divorce, custody, child support, etc. You can access them in print as well as online in the Law Library. If you want to access these resources from home, check out these links.

 

Do you need to conduct case law research? The Law Library has both online and print sources to assist you. Online sources include LexisNexis and WestlawNext. Don’t know how to use these online databases? We can show you how! (If you don’t know what case law research is, check out this article – http://peoples-law.org/understanding-legal-research) If you want to conduct case law research from home, here are some options.

 

Do you want assistance with your family law matter? These organizations provide limited legal assistance.

FLSHCThe Family Law Self-Help Center is located in the back of the Law Library; provides legal information and forms to assist unrepresented litigants in matters of divorce, custody/visitation, child support and name changes.
WALK-IN HOURS:

Monday, Wednesday and Thursday: 9:00 a.m. – 4:30 p.m.
Tuesday and Friday:  9:00 a.m. – 1:00 p.m.
TELEPHONE HOURS (410-280-5374):
Monday through Friday:  9:00 a.m. – 12:00 a.m.

Women’s Law Center
Family Law Hotline 1-800-845-8550 M- F 9:30 am – 4:30 pm.
Family Law Forms Helpline operates at 1-800-818-9888 Tu, W & F 9:00 am – 12:30 pm, Th 9:00 am – 4:00 pm.
Spanish-1-877-293-2507 (leave message)

 

Are you looking for attorney to represent you in your family law matter? These organizations may be able to assist you.

Legal Aid Bureau
General Civil Legal Services
Income eligibility screening required
Regional Office 410-972-2700
M-F 9:00 AM-5:00 PM.

Maryland Volunteer Lawyers Service
General Legal Services
Income eligibility screening required
410-547-6537 or 800-510-0050
M-TH 9:00AM-1:00PM.

Lawyer Referral Service (Anne Arundel County)
410-280-6961
All civil and criminal cases with no eligibility screening.
Fees set by attorney
M-F 8:45 AM – 2:15 PM

 

Are you looking for domestic violence assistance? These organizations may be able to assist you.

House of Ruth Domestic Violence Legal Clinic
24 Hour Hotline for Domestic Violence Victims
888-880-7884

YWCA of Annapolis and Anne Arundel County
Domestic Violence Assistance.
Legal Services Intake 24 Hour Voicemail
410-222-6800

 

Posted in lawlibrary, Pro Bono, Self Represented | Tagged: , , , , , , , , | Leave a Comment »

New Maryland Laws Took Effect on October 1, 2015 – Can’t Find What You’re Looking For?

Posted by Chi Song on October 1, 2015

Untitled drawingNew Maryland laws took effect yesterday, October 1, 2015! We published a series of posts highlighting a few of the newly enacted laws, but this is just a small sampling of the new laws enacted by the 2015 Legislative Session. A full listing of new laws is available here, courtesy of the Department of Legislative Services (DLS) of the General Assembly of Maryland.

Was there a major issue from the 2015 session that was not covered in this series? The 90 Day Report – A Review of the 2015 Session, published by DLS, includes a hyperlinked list of Major Issues from 2015 such as the budget, education, public safety (body-worn cameras), taxes and voting rights. In addition, we previously covered some changes to family law here, which are effective today.

Can’t find what you’re looking for?  DLS publishes a Popular Terms List as a reference for current legislation that is often referred to by the public and media by certain popular terms.  Also, the Department of Legislative Services of the General Assembly of Maryland publishes compilations of executive orders.

Do you prefer paper sources?  The Law Library’s collection includes a copy of the 2015 Maryland Legislative Review Service, published by LexisNexis, which summarizes the 2015 Acts of the Maryland General Assembly Regular Session and organizes the 2015 Acts by topical headings. In addition, the Law Library’s Maryland collection includes print copies of the current Annotated Code of Maryland.

Don’t forget – the Law Library is here if you have questions or would like additional information. Contact us!

Posted in lawlibrary, Maryland Law | Tagged: , , | Leave a Comment »

New Maryland Laws Take Effect on October 1, 2015 – Spotlight on Protective Orders

Posted by Chi Song on September 30, 2015

New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

House Bill 263 (Chapter 233) – The circumstances under which a court must issue a permanent final protective order now includes, under certain specified circumstances, the conviction of the individual for conspiracy or solicitation to commit murder. You can learn more about this new law, including its legislative history, here.

House Bill 390 (Chapter 418) – A person is authorized to file a protective order petition if the alleged abuse occurred in Maryland or if the person eligible for relief is a Maryland resident. Authorization to file a peace order petition is provided if the alleged specified act occurred in Maryland or the petitioner is a Maryland resident. You can learn more about this new law, including its legislative history, here.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

Posted in lawlibrary, Maryland Law | Tagged: , , | Leave a Comment »

New Maryland Laws Take Effect on October 1, 2015 – Spotlight on the Election Administration

Posted by Chi Song on September 29, 2015

Untitled drawing (1)New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

Senate Bill 204 (Chapter 332)/ House Bill 396  – The date of the presidential primary election is now the fourth Tuesday in April, which would avoid the need to conduct the 2016 early voting on Easter Sunday. In addition, there are changes to various administrative procedures and deadlines as well as the elimination of the requirement for “certain campaign finance entities to file a campaign finance report on the third Tuesday in April in a presidential election year.” You can learn more about this new law, including its legislative history, here.

House Bill 284 (Chapter 82) – An election director of the local board of elections must, within 10 business days, “determine whether a summary of local legislation contained in a petition is legally sufficient” prior to circulating the petition for signatures. The intent is to prevent situations where signatures on a petition must be discarded due to a determination, after the collection of signatures, that the summary of local legislation was not legally sufficient. You can learn more about this new law, including its legislative history, here.

Senate Bill 5 (Chapter 318) – The canvass of votes cast during early voting must be open to public observation, and “a board of canvassers and the staff of a local board may be observed as they complete each part of the canvass by certain authorized observers and any other individuals who wish to be present.” You can learn more about this new law, including its legislative history, here.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

Posted in lawlibrary, Maryland Law | Tagged: , , | Leave a Comment »

New Maryland Laws Take Effect on October 1, 2015 – Spotlight on Marijuana and Marijuana Paraphernalia

Posted by Chi Song on September 28, 2015

New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

Senate Bill 456 (Chapter 351) – A court must “dismiss a criminal charge, in a prosecution for possession of marijuana or for possession of paraphernalia related to marijuana, if the court finds that a person used or possessed marijuana or marijuana paraphernalia because of a medical necessity.” You can learn more about this new law, including its legislative history, here.

Don’t forget, bills that are passed by the Maryland General Assembly do not always become Maryland Law. For example, Senate Bill 517, which calls for, among other things, the repeal of “the criminal prohibition on possession of marijuana-related paraphernalia and eliminates any penalty”, was vetoed by the Governor on policy grounds. Since this veto occurred after the Maryland Legislature adjourned, an override vote will not occur until the next legislative session commences. To learn more about the Maryland legislative process, check out this blog post on statutes.

In addition, the 2014 Legislative Session made changes to Maryland laws related to marijuana. Check out our 2014 post to learn more!
Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

Posted in lawlibrary, Maryland Law | Tagged: , , | Leave a Comment »

New Maryland Laws Take Effect on October 1, 2015 – Spotlight on Shielding

Posted by Chi Song on September 25, 2015

New Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

Maryland Second Chance Act of 2015 – House Bill 244 (Chapter 0313) – This new law authorizes “a person to petition the court to shield court records and police records relating to shieldable convictions no earlier than 3 years after the person satisfies the sentence or sentences imposed for all convictions for which shielding is requested”, however, “if a person is convicted of a new crime during a specified time period, the original conviction or convictions are not eligible for shielding unless the new conviction becomes eligible for shielding.” You can learn more about this new law, including its legislative history, here.

What is shielding? Shielding means making “a court record and police record relating to a conviction of a crime inaccessible by members of the public. Also, the Maryland Judiciary Case Search may not in any way refer to the existence of specific records shielded in accordance with the bill.”

What’s the difference between shielding and expungement? When a record has been expunged, it has been totally deleted from the court system and other places where the record is held, such as the Police Department, Archives, and State’s Attorney’s office. However, when a record is shielded, it means that the public cannot view the record; however, the record still exists.

To learn more about public access to court records, check out these Maryland Judiciary Publications. Don’t forget, the Law Library is always available to assist your with your legal research, including locating referrals.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

Posted in lawlibrary, Maryland Law | Tagged: , , | Leave a Comment »

New Maryland Laws Take Effect on October 1, 2015 – Spotlight on Expungement

Posted by Chi Song on September 24, 2015

Laws of MDNew Maryland laws take effect on October 1, 2015!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  This series is just a small sampling of the new laws enacted by the 2015 Legislative Session.  To read about more laws resulting from the 2015 session, see the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2015, check out this publication from DLS.

Senate Bill 651 (Chapter 0374) /House Bill 124 – Eligibility for expungement has been expanded to include “persons convicted of a crime where the act on which the conviction was based is no longer a crime.” You can learn more about this new law, including its legislative history, here.

House Bill 304 (Chapter 0314)- Eligibility for expungement generally does not include a petition based on the entry of probation before judgment, “except a probation before judgment for a crime where the act on which the conviction is based is no longer a crime, and the person is a defendant in a pending criminal proceeding or was convicted of a crime other than a minor traffic violation or a crime where the act on which the conviction is based is no longer a crime within three years after the entry of the probation before judgment.” You can learn more about this new law, including its legislative history, here.

House Bill 131 (Chapter 0069) – For criminal charges that were transferred to juvenile court, the petition for expungement must be filed in the court of original jurisdiction where the order for transfer was entered. You can learn more about this new law, including its legislative history, here.

To learn more about expungement and expungement resources, check out these articles on the Maryland People’s Law Library, our wiki page and our past blog post! In addition, the Maryland Courts website includes information on how to expunge your records.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2015 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2015rs-90-day-report.pdf.

Posted in lawlibrary, Maryland Law | Tagged: , , | Leave a Comment »