Public Information Act - Divorce Records

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0403*

HOUSE BILL 403
P3, D4 6lr2058
CF SB 426
By: Delegates Simpson and Fair
Introduced and read first time: January 22, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable
House action: Adopted
Read second time: February 26, 2026

CHAPTER ______

AN ACT concerning 1

Public Information Act – Divorce Records 2

FOR the purpose of requiring a custodian to deny inspection of certain records pertaining 3
to a divorce proceeding ; and generally relating to divorce records and the Public 4
Information Act. 5

BY repealing and reenacting, without amendments, 6
Article – General Provisions 7
Section 4–101(a), (b), (d), (f), and (g) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10

BY adding to 11
Article – General Provisions 12
Section 4–305.1 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – General Provisions 18

4–101. 19

2 HOUSE BILL 403

(a) In this title the following words have the meanings indicated. 1

(b) “Applicant” means a person or governmental unit that asks to inspect a public 2
record. 3

(d) “Custodian” means: 4

(1) the official custodian; or 5

(2) any other authorized individual who has physical custody and control 6
of a public record. 7

(f) “Official custodian” means an officer or employee of the State or of a political 8
subdivision who is responsible for keeping a public record, whether or not the officer or 9
employee has physical custody and control of the public record. 10

(g) “Person in interest” means: 11

(1) a person or governmental unit that is the subject of a public record or a 12
designee of the person or governmental unit; 13

(2) if the person has a legal disability, the parent or legal representative of 14
the person; or 15

(3) as to requests for correction of certificates of death under § 5–310(d)(2) 16
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 17
or guardian of the person of the deceased at the time of the deceased’s death. 18

4–305.1. 19

(A) THIS SECTION DOES NOT APPLY TO A FINAL DECREE IN A DIVORCE 20
PROCEEDING. 21

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , A 22
CUSTODIAN SHALL DENY INSPECTION OF A RECO RD PERTAINING TO A DIVORCE 23
PROCEEDING, INCLUDING: 24

(1) AN APPLICATION FOR DIVORCE; 25

(2) A FINANCIAL RECORD SUB MITTED AS PART OF A DIVORCE 26
PROCEEDING; 27

(3) A RECORD OF A DIVORCE SETTLEMENT; AND 28

(4) A CUSTODY ORDER. 29
HOUSE BILL 403 3

(C) A CUSTODIAN SHALL RELE ASE A RECORD PERTAIN ING TO A DIVORCE 1
PROCEEDING TO AN APPLICANT WHO: 2

(1) IS A PERSON IN INTEREST; 3

(2) IS A LAWYER REPRESENTING A PERSON IN INTEREST; OR 4

(3) HAS BEEN AUTHORIZED UNDER A COURT ORDER TO INSPECT THE 5
RECORD. 6

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.