Bill
SB 739
SB 739 lets officers arrest without a warrant in domestic violence cases involving recent sexual partners (within a year) and broadens victim eligibility for services.
Status/T schedule
- Bill number: SB 739
- Common title: Domestic Violence — Warrantless Arrests and Victims
- Sponsor (Maryland version): Senator Folden (Judicial Proceedings)
- Introduced: early 2025 (documents show introduction in late Jan/Feb 2025)
- Hearing: scheduled 2/26 at 1:00 p.m. (per bill information provided)
- If enacted (Maryland text), effective date: October 1, 2025
- Fiscal note (Maryland Dept. of Legislative Services): no material State or local fiscal effect anticipated
Purpose / intent
- To expand the circumstances under which a police officer may arrest without a warrant in suspected domestic violence incidents and to broaden the statutory definition of a “victim of domestic violence” for program eligibility and related Family Law provisions. The aim is to ensure persons harmed by recent intimate sexual partners (even if they were not spouses or cohabitants) have access to protection, services, and prompt law enforcement response.
Key provisions (substantive changes)
1. Warrantless arrest authority (Criminal Procedure Article — proposed amendment to §2‑204(a)):
- Current law permits warrantless arrest when an officer has probable cause that a person battered the person’s spouse or a person with whom the person resides, there is evidence of physical injury, and immediate arrest is necessary (apprehension risk, further injury, or evidence tampering); a police report must be made within 48 hours.
- SB 739 would add a third covered relationship category: an officer may arrest without a warrant if there is probable cause the person battered “another person with whom the person has had a sexual relationship within the past year,” subject to the same injury, immediacy and reporting requirements.
- Existing safeguards — e.g., evidence of physical injury, 48‑hour reporting, and consideration of mutual battery/self‑defense when primary aggressor determination is needed — remain in place.
Who is affected / expected impacts
- Law enforcement: expands discretionary authority to arrest without a warrant in certain intimate‑partner contexts; training and practice may need minor updates but fiscal note anticipates no material operational effect.
- Alleged offenders: individuals who have recently (within 1 year) had a sexual relationship with a complainant may be subject to warrantless arrest in applicable circumstances.
- Victims / service providers: individuals abused by recent sexual partners (but who are not spouses or cohabitants) gain clearer access to law enforcement intervention and eligibility for domestic violence programs and shelter services.
- Courts / criminal justice: potential modest increase in domestic‑violence arrests or service referrals arising from the expanded relationship category; no significant budgetary impact projected by the fiscal analysis.
Procedural / statutory notes
- The bill amends specific statutory sections (Criminal Procedure §2‑204(a) and Family Law §4‑513 in the Maryland annotated code in the version provided).
- Maintains key limitations already in law (physical injury evidence requirement, 48‑hour reporting window, requirement that immediate arrest be necessary).
- Fiscal analysis prepared indicates the change should not materially affect State or local government finances.
Bottom line
SB 739 narrows the gap between intimate‑partner violence and protection/services by treating recent sexual relationships (within the past year) as a covered relationship for warrantless arrest authority and as a basis for domestic‑violence program eligibility. The proposal preserves existing procedural safeguards and is expected to have minimal fiscal impact while potentially improving access to protection and services for victims of abuse by recent sexual partners.
Compiled from official sources — confirm details with the bill’s official record.
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