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*hb0860*
HOUSE BILL 860
J1 6lr2545
By: Delegate Alston Delegates Alston, Bagnall, Cullison, Guzzone, Hill,
Hutchinson, S. Johnson, Kaufman, Lopez, Martinez, Reilly, Rosenberg,
Ross, Taveras, White Holland, and Woorman
Introduced and read first time: February 4, 2026
Assigned to: Health and Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2026
CHAPTER ______
AN ACT concerning 1
Petitions for Emergency Evaluation 2
(Arnaud and Magruder Memorial Act) 3
FOR the purpose of specifying that a petition for emergency evaluation is effective for a 4
certain period of time; authorizing a court, on a certain motion and for good cause 5
shown on certain findings, to extend a petition for a certain period of time; requiring 6
a court to include the date and time the petition expires on the petition; requiring 7
peace officers to comply with a certain provision of law when executing a petition; 8
authorizing peace officers to act in accordance with certain best practices and to be 9
joined by a mobile crisis team under certain circumstances when executing a 10
petition; and generally relating to petitions for emergency evaluation. 11
BY repealing and reenacting, with amendments, 12
Article – Health – General 13
Section 10–623 and 10–624(a) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2025 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Health – General 19
2 HOUSE BILL 860
10–623. 1
(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 2
clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 3
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 4
marriage and family therapist, health officer or designee of a health officer, or peace officer, 5
the petitioner shall present the petition to the court for immediate review. 6
(b) After review of the petition, the court shall endorse the petition if the court 7
finds probable cause to believe that the emergency eva luee has shown the symptoms of a 8
mental disorder and that the individual presents a danger to the life or safety of the 9
individual or of others. 10
(c) If the court does not find probable cause, the court shall indicate that fact on 11
the petition, and no further action may be taken under the petition. 12
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE PETITION 13
SHALL BE EFFECTIVE FOR 5 DAYS AFTER BEING ENDORSED BY THE COURT U NDER 14
SUBSECTION (B) OF THIS SECTION. 15
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, ON 16
A MOTION, THE COURT MAY EXTEND THE PETITION FOR GOOD CAUSE SHOWN BASED 17
ON THE PRESENTING BEHAVIOR OF THE INDIVIDUAL FOR UP TO 5 DAYS AT A TIME, 18
BUT NOT TO EXCEED A TOTAL OF 30 DAYS FROM THE DATE THE PE TITION WAS 19
ENDORSED BY THE COURT UNDER SUBSECTION (B) OF THIS SECTION, IF THE COURT 20
FINDS: 21
1. THERE WAS GOOD CAUSE AS TO WHY THE PETITI ON 22
COULD NOT BE SERVED BEFORE THE EXPIRATION OF THE PETITION; AND 23
2. THE GROUNDS AND CONDI TIONS THAT 24
NECESSITATED THE ISSUANCE OF THE INITIAL PETITION STILL EXIST. 25
(II) 1. A MOTION UNDER SUBPARA GRAPH (I) OF THIS 26
PARAGRAPH MUST BE MADE BY THE ORIGINAL PETITIONER. 27
2. EACH EXTENSION SHALL BE BASED ON A SEPARA TE 28
MOTION. 29
(3) A PETITION ENDORSED OR EXTENDED UNDER THIS SUBSECTION 30
SHALL BE SERVED EXPEDITIOUSLY. 31
(E) THE COURT SHALL INCLUDE ON THE PETITION THE DATE AND TIME THE 32
PETITION EXPIRES. 33
HOUSE BILL 860 3
10–624. 1
(a) (1) A peace officer shall take an emergency evaluee to the nearest 2
emergency facility if the peace officer has a petition under Part IV of this subtitle that: 3
(i) 1. Has been endorsed by a court [within the last 5 days]; AND 4
2. IS IN EFFECT; or 5
(ii) Is signed and submitted by a physician, psychologist, clinic al 6
social worker, licensed clinical professional counselor, clinical nurse specialist in 7
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 8
marriage and family therapist, health officer or designee of a health officer, or peace officer. 9
(2) The petition required under paragraph (1) of this subsection may be: 10
(i) In the form of an electronic record; and 11
(ii) Transmitted and received electronically. 12
(3) A WHEN EXECUTING A PETITION, A PEACE OFFICER SHALL: 13
(I) SHALL ACT IN ACCORDANCE WITH § 3–524 OF THE PUBLIC 14
SAFETY ARTICLE WHEN EXECUTING A PETITION; 15
(II) MAY ACT IN ACCORDANCE WITH BEST PRACTICES ON HOW 16
TO TAKE AN EMERGENCY EVALUEE TO AN EMERGENCY FACILITY; AND 17
(III) SUBJECT TO THE DISCRETION OF THE PEACE OFFICER, MAY 18
BE JOINED BY A MOBILE CRISIS TEAM WHEN PRACTICABLE. 19
[(3)] (4) To the extent practicable, a peace officer shall notify the 20
emergency facility in advance that the peace officer is bringing an emergency evaluee to 21
the emergency facility. 22
[(4)] (5) After a peace officer brings the emergency evaluee to an 23
emergency facility, the peace officer need not stay unless, because the emergency evaluee 24
is violent, emergency facility personnel ask the supervisor of the peace officer to ha ve the 25
peace officer stay. 26
[(5)] (6) A peace officer shall stay until the supervisor responds to the 27
request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 28
peace officer to stay. 29
[(6)] (7) If emergency facility personnel ask that a peace officer stay, a 30
physician shall examine the emergency evaluee as promptly as possible. 31
4 HOUSE BILL 860
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.