Fall brings changes in the weather and a variety of new laws. Many such laws took effect in Maryland on October 1, 2021.  Below is a summary of some that caught our attention.

As representing victims is a significant part of our practice, we start with a couple of laws protecting victims.  The General Assembly enacted the Maryland Senate Bill 327 (“SAFE Act”).   Under the SAFE Act, a “susceptible adult” or “older adult” or their representatives may bring a cause of action against a financial exploiter.  The claim, which must be brought within five years of discovery of the financial exploitation occurring on or after October 1, 2021, may seek compensatory and remedial relief, attorney’s fees and prejudgment interest.  Compensatory damages can include up to three times the amount of the financial damages.

Triple damages and attorney’s fees help make the SAFE Act a game changer.  If you believe that you or a loved one have been the victim of financial exploitation, the attorneys at Azrael Franz are ready to help you. Contact us today.

Police reform was the subject of many new Maryland laws.  Maryland House Bill 193 was a win for victims of violent crimes.  Maryland now gives victims of violent crimes the right to report those crimes in a private room.

Veterans can now adopt a pet in Maryland without paying an adoption fee through publicly operated animal shelters.  They may adopt one dog and one cat every six months without an adoption fee.

It was not long ago that pharmacists were forbidden from disclosing cheaper treatment options to patients.  Under the newly enacted Md. Code, HO § 12-504, this is no longer the case.  Pharmacists are required to communicate the option of lower cost prescription medications or medical devices to consumers in place of higher priced treatments of an equivalent effect.  They are also be required to document how patients were notified, through written notice or verbally, that the generic product is as effective as the name brand product.

Beginning October 1, 2021, three years after a police or court record in a case that that has been dismissed or resulted in a not guilty verdict acquittal must be expunged from the defendant’s record by Maryland courts.  Defendants after that three-year mark will be notified of the commencement of the automatic expungement process.  The automatic expungement should save time for defendants and courts as defendants or their attorneys will no longer need to file petitions seeking an expungement.  If defendants, however, are now eligible for an expungement and wish for employment or other reasons to remove the matter from their record, they still need to file a written petition with the court.

There is now a plastic bag ban on retail purchases in Baltimore City.  Retailers are required to charge $0.05 per bag, with $0.01 of that going to the City’s general fund. This ban, a part of Baltimore’s Comprehensive Bag Reduction Act, is meant to reduce plastic bag pollution in the city.  Certain exemptions apply such as thin plastic bags used to wrap meat or fish, bags used at farmers’ markets, bags used at dry cleaners, and bags used around newspapers.

Finally, a widely-reported Maryland law forbids persons over the age of 13 from intentionally releasing a balloon and from organizing the release of 10 or more balloons.  Offenders could be faced with a fine up to $100, be required to perform community service and/or to watch an educational video.  The legislation seeks to curb environmental harm caused by balloon releases.