Maryland Use of Force Statute - Failure to Prevent Excessive Force or Render First Aid - Misdemeanor
HB0699 amends Maryland’s General Provisions law governing veteran benefits by broadening the definition of “honorable discharge” for purposes of state programs of benefits, rights, and privileges. Under the bill, certain discharges that are less than honorable will be treated as honorable if they were issued solely because of the veteran’s sexual orientation or gender identity, or because of a statement or consensual act related to sexual orientation or gender identity that was prohibited by the military at the time.
The bill also extends this treatment to some discharges connected to service-related trauma and medical conditions. Specifically, it includes discharges based on incidents involving a diagnosis of post-traumatic stress disorder or traumatic brain injury made by a licensed provider at a U.S. Department of Veterans Affairs facility, or an experience of sexual trauma disclosed to such a provider. In addition, if the Department of Veterans and Military Families determines a discharge should be upgraded under the criteria in federal regulation 38 C.F.R. § 3.12, the veteran may qualify for state benefits. Veterans must submit documentation supporting the basis for the discharge.
The bill changes Maryland law by expanding who may be treated as having an “honorable discharge” for state benefit eligibility, even when the military characterization of service was less than honorable. This affects eligibility for state programs tied to veteran status and places the Department of Veterans and Military Families in a role of reviewing documentation and applying the new criteria, including federal discharge-upgrade standards.
The available record does not include committee transcripts or recorded votes, so there is no direct evidence of debate or opposition in the provided materials. Based on the text, the bill appears to be framed as a veterans’ benefits measure intended to correct inequities affecting LGBTQ veterans and veterans whose discharges are connected to PTSD, traumatic brain injury, or sexual trauma. The overall sentiment suggested by the enacted law is supportive and remedial.
The main points of potential contention are the expansion of state-recognized honorable discharge status beyond the military’s original characterization and the use of medical or trauma-related circumstances as a basis for state benefit eligibility. Some may question the administrative burden on the Department of Veterans and Military Families or the reliance on documentation and federal discharge-upgrade criteria. Others may support the bill as a fairness measure for veterans who were disadvantaged by outdated military policies or by service-related trauma.