Bill would create graduated civil and criminal penalties for repeated interference with custody orders

Sen. McKay presented Senate Bill 744 to the Judicial Proceedings Committee as a way to close enforcement gaps when people knowingly and repeatedly withhold a child in violation of a court‑issued custody order. The bill establishes a graduated scheme: a written warning for a first offense, a civil fine up to $250 for a second, up to $500 for a third, misdemeanor and up to 30 days for a fourth, and up to one year for a fifth repeat offense.

Proponents — including Christina Reilow, Brian Fitzgerald, Jaron Hertz Sr., and Robert Garza — framed the bill as a narrowly tailored, proportional approach aimed at protecting children’s stability and giving law enforcement clear guidance on escalation. They said it does not change custody determinations or remove judicial discretion and that it targets repeated, willful noncompliance.

Opponents — Michelle Smith (Maryland State Bar Association Family Law Section) and Laurie Ruth (Maryland Network Against Domestic Violence) — urged an unfavorable report. They said existing statutes (they cited Family Law §9-105 and contempt powers) already provide enforcement and that the new law could be difficult to implement at the scene, risk criminalizing survivors, and be weaponized by abusive parents. Committee members asked detailed procedural questions about who issues warnings and how officers would determine willfulness and prior history; proponents said responding officers would issue warnings and that courts retain authority for later offenses.

The hearing concluded after extended questioning; no committee vote is recorded in the transcript.