MD
Maryland House Bill HB833

Maryland 2022 Regular Session

Maryland House Bill HB833 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0833*
96
107 HOUSE BILL 833
118 D4, E2, E3 2lr1596
12- CF SB 768
9+ CF 2lr1598
1310 By: Delegate Lierman
1411 Introduced and read first time: February 3, 2022
1512 Assigned to: Judiciary
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 9, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
24-Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe 2
25-Harbor and Service Response 3
18+Criminal Law – Victims of Child Sex Trafficking – Safe Harbor and Service 2
19+Response 3
2620
2721 FOR the purpose of altering procedures that a law enforcement officer and a court are 4
2822 required to follow when the law enforcement officer or a court has reason to believe 5
29-that a child who has been detained is a victim of sex trafficking or a victim of human 6
30-trafficking; providing that a minor may not be criminally prosecuted or proceeded 7
31-against as a delinquent child for a certain crime or civil offense under certain 8
32-provisions of law for a certain offense if the minor committed the crime or civil offense 9
33-as a direct result of sex trafficking or being a victim of human trafficking; providing 10
34-that certain criminal prohibitions do not apply to minors altering the list of offenses 11
35-for which a person may file a motion to vacate judgment if the person’s participation 12
36-was a result of being a victim of human trafficking; and generally relating to victims 13
37-of child sex trafficking and human trafficking. 14
23+that a child who has been detained is a victim of sex trafficking; providing that a 6
24+minor may not be criminally prosecuted or proceeded against as a delinquent child 7
25+for a certain crime or civil offense if the minor committed the crime or civil offense 8
26+as a direct result of sex trafficking; providing that certain criminal prohibitions do 9
27+not apply to minors; and generally relating to victims of child sex trafficking. 10
3828
39-BY repealing and reenacting, without amendments, 15
40- Article – Courts and Judicial Proceedings 16
41- Section 3–8A–01(a) and (dd) 17
42- Annotated Code of Maryland 18
43- (2020 Replacement Volume and 2021 Supplement) 19
29+BY repealing and reenacting, with amendments, 11
30+ Article – Courts and Judicial Proceedings 12
31+Section 3–8A–14 13
32+ Annotated Code of Maryland 14
33+ (2020 Replacement Volume and 2021 Supplement) 15
4434
45-BY repealing and reenacting, with amendments, 20
46- Article – Courts and Judicial Proceedings 21
47-Section 3–8A–14 22
48- Annotated Code of Maryland 23 2 HOUSE BILL 833
35+BY adding to 16
36+ Article – Courts and Judicial Proceedings 17
37+Section 3–8A–17.13 18
38+ Annotated Code of Maryland 19
39+ (2020 Replacement Volume and 2021 Supplement) 20
40+
41+BY adding to 21
42+ Article – Criminal Law 22
43+ Section 1–402 23
44+ Annotated Code of Maryland 24
45+ (2021 Replacement Volume and 2021 Supplement) 25
46+
47+BY repealing and reenacting, with amendments, 26
48+ Article – Criminal Law 27 2 HOUSE BILL 833
4949
5050
51- (2020 Replacement Volume and 2021 Supplement) 1
51+Section 11–303 and 11–306 1
52+ Annotated Code of Maryland 2
53+ (2021 Replacement Volume and 2021 Supplement) 3
5254
53-BY adding to 2
54- Article – Courts and Judicial Proceedings 3
55-Section 3–8A–17.13 4
56- Annotated Code of Maryland 5
57- (2020 Replacement Volume and 2021 Supplement) 6
55+BY repealing and reenacting, without amendments, 4
56+ Article – Family Law 5
57+Section 5–701(a) and (x) 6
58+ Annotated Code of Maryland 7
59+ (2019 Replacement Volume and 2021 Supplement) 8
5860
59-BY adding to 7
60- Article – Criminal Law 8
61- Section 1–402 9
62- Annotated Code of Maryland 10
63- (2021 Replacement Volume and 2021 Supplement) 11
61+BY repealing and reenacting, with amendments, 9
62+ Article – Human Services 10
63+Section 1–202 11
64+ Annotated Code of Maryland 12
65+ (2019 Replacement Volume and 2021 Supplement) 13
6466
65-BY repealing and reenacting, with amendments, 12
66- Article – Criminal Law 13
67-Section 11–303 and 11–306 14
68- Annotated Code of Maryland 15
69- (2021 Replacement Volume and 2021 Supplement) 16
67+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
68+That the Laws of Maryland read as follows: 15
7069
71-BY repealing and reenacting, with amendments, 17
72- Article – Criminal Procedure 18
73- Section 8–302(a) 19
74- Annotated Code of Maryland 20
75- (2018 Replacement Volume and 2021 Supplement) 21
70+Article – Courts and Judicial Proceedings 16
7671
77-BY repealing and reenacting, without amendments, 22
78- Article – Criminal Procedure 23
79- Section 8–302(b) 24
80- Annotated Code of Maryland 25
81- (2018 Replacement Volume and 2021 Supplement) 26
72+3–8A–14. 17
8273
83-BY repealing and reenacting, without amendments, 27
84- Article – Family Law 28
85-Section 5–701(a) and (x) 29
86- Annotated Code of Maryland 30
87- (2019 Replacement Volume and 2021 Supplement) 31
74+ (a) A child may be taken into custody under this subtitle by any of the following 18
75+methods: 19
8876
89-BY repealing and reenacting, with amendments, 32
90- Article – Human Services 33
91-Section 1–202 34
92- Annotated Code of Maryland 35
93- (2019 Replacement Volume and 2021 Supplement) 36
77+ (1) Pursuant to an order of the court; 20
9478
95- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 37
96-That the Laws of Maryland read as follows: 38
97- HOUSE BILL 833 3
79+ (2) By a law enforcement officer pursuant to the law of arrest; 21
80+
81+ (3) By a law enforcement officer or other person authorized by the court if 22
82+the officer or other person has reasonable grounds to believe that the child is in immediate 23
83+danger from the child’s surroundings and that the child’s removal is necessary for the 24
84+child’s protection; 25
85+
86+ (4) By a law enforcement officer or other person authorized by the court if 26
87+the officer or other person has reasonable grounds to believe that the child has run away 27
88+from the child’s parents, guardian, or legal custodian; or 28
89+
90+ (5) In accordance with § 3–8A–14.1 of this subtitle. 29
91+
92+ (b) If a law enforcement officer takes a child into custody, the officer shall 30
93+immediately notify, or cause to be notified, the child’s parents, guardian, or custodian of 31
94+the action. After making every reasonable effort to give notice, the law enforcement officer 32
95+shall with all reasonable speed: 33
96+
97+ (1) Release the child to the child’s parents, guardian, or custodian or to any 34 HOUSE BILL 833 3
9898
9999
100-Article – Courts and Judicial Proceedings 1
100+other person designated by the court, upon their written promise to bring the child before 1
101+the court when requested by the court, and such security for the child’s appearance as the 2
102+court may reasonably require, unless the child’s placement in detention or shelter care is 3
103+permitted and appears required by § 3–8A–15 of this subtitle; or 4
101104
102-3–8A–01. 2
105+ (2) Deliver the child to the court or a place of detention or shelter care 5
106+designated by the court. 6
103107
104- (a) In this subtitle the following words have the meanings indicated, unless the 3
105-context of their use indicates otherwise. 4
108+ (c) If a parent, guardian, or custodian fails to bring the child before the court 7
109+when requested, the court may issue a writ of attachment directing that the child be taken 8
110+into custody and brought before the court. The court may proceed against the parent, 9
111+guardian, or custodian for contempt. 10
106112
107- (dd) “Violation” means a violation for which a citation is issued under: 5
113+ (d) (1) (I) IN THIS SECTION THE F OLLOWING WORDS HAVE THE 11
114+MEANINGS INDICATED . 12
108115
109- (1) § 5–601 of the Criminal Law Article involving the use or possession of 6
110-less than 10 grams of marijuana; 7
116+ (II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 13
117+8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 14
111118
112- (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 8
119+ (III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 15
120+OF THE FAMILY LAW ARTICLE. 16
113121
114- (3) § 10–132 of the Criminal Law Article; 9
122+ (2) In addition to the requirements for reporting child abuse and neglect 17
123+under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 18
124+that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 19
125+the Family Law Article], the law enforcement officer shall [notify any], AS SOON AS 20
126+PRACTICABLE : 21
115127
116- (4) § 10–136 of the Criminal Law Article; or 10
128+ (I) NOTIFY AN appropriate regional navigator, as defined in § 22
129+5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 23
130+custody or where the child is a resident that the child is a suspected victim of sex trafficking 24
131+SO THE REGIONAL NAVI GATOR CAN COORDINATE A SERVICE RESPONSE; 25
117132
118- (5) § 26–103 of the Education Article. 11
133+ (II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 26
134+CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING; AND 27
119135
120-3–8A–14. 12
136+ (III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 28
137+OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 29
138+WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 30
139+BE AT RISK IF THE CH ILD IS RETURNED TO THE CHILD’S PARENTS, GUARDIAN, OR 31
140+CUSTODIAN. 32
121141
122- (a) A child may be taken into custody under this subtitle by any of the following 13
123-methods: 14
124-
125- (1) Pursuant to an order of the court; 15
126-
127- (2) By a law enforcement officer pursuant to the law of arrest; 16
128-
129- (3) By a law enforcement officer or other person authorized by the court if 17
130-the officer or other person has reasonable grounds to believe that the child is in immediate 18
131-danger from the child’s surroundings and that the child’s removal is necessary for the 19
132-child’s protection; 20
133-
134- (4) By a law enforcement officer or other person authorized by the court if 21
135-the officer or other person has reasonable grounds to believe that the child has run away 22
136-from the child’s parents, guardian, or legal custodian; or 23
137-
138- (5) In accordance with § 3–8A–14.1 of this subtitle. 24
139-
140- (b) If a law enforcement officer takes a child into custody, the officer shall 25
141-immediately notify, or cause to be notified, the child’s parents, guardian, or custodian of 26
142-the action. After making every reasonable effort to give notice, the law enforcement officer 27
143-shall with all reasonable speed: 28
144-
145- (1) Release the child to the child’s parents, guardian, or custodian or to any 29
146-other person designated by the court, upon their written promise to bring the child before 30 4 HOUSE BILL 833
142+ (3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHILD WHO IS A 33
143+SUSPECTED VICTIM OF SEX TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) 34
144+OF THIS SECTION MAY NOT DETAIN THE C HILD IN A JUVENILE D ETENTION FACILITY , 35 4 HOUSE BILL 833
147145
148146
149-the court when requested by the court, and such security for the child’s appearance as the 1
150-court may reasonably require, unless the child’s placement in detention or shelter care is 2
151-permitted and appears required by § 3–8A–15 of this subtitle; or 3
147+AS DEFINED UNDER § 9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON 1
148+FOR DETAINING THE CH ILD IS A SUSPECTED V IOLATION OF A QUALIF YING OFFENSE 2
149+OR AN OFFENSE UNDER TITLE 3, SUBTITLE 11 OF THE CRIMINAL LAW ARTICLE. 3
152150
153- (2) Deliver the child to the court or a place of detention or shelter care 4
154-designated by the court. 5
151+3–8A–17.13. 4
155152
156- (c) If a parent, guardian, or custodian fails to bring the child before the court 6
157-when requested, the court may issue a writ of attachment directing that the child be taken 7
158-into custody and brought before the court. The court may proceed against the parent, 8
159-guardian, or custodian for contempt. 9
153+ (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5
154+INDICATED. 6
160155
161- (d) (1) (I) IN THIS SECTION THE F OLLOWING WORDS HAVE THE 10
162-MEANINGS INDICATED . 11
156+ (2) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 5–704.4 7
157+OF THE FAMILY LAW ARTICLE. 8
163158
164- (II) “QUALIFYING OFFENSE” HAS THE MEANING STAT ED IN § 12
165-8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 13
159+ (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 9
160+FAMILY LAW ARTICLE. 10
166161
167- (III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 14
168-OF THE FAMILY LAW ARTICLE. 15
162+ (B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THAT A CHILD HAS 11
163+COMMITTED A DELINQUE NT ACT IS FILED WITH THE COURT UNDER THIS SUBTITLE, 12
164+THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S COUNSEL OR THE 13
165+STATE’S ATTORNEY, SHALL STAY ALL PROCE EDINGS AND ORDER THA T THE 14
166+REGIONAL NAVIGAT OR FOR THE RELEVANT JURISDICTION CONDUC T AN 15
167+EVALUATION OF THE CH ILD’S STATUS AS A VICTIM OF SEX T RAFFICKING, IF THE 16
168+COURT FINDS THAT : 17
169169
170- (IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 16
171-STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 17
170+ (I) THERE IS PROBABLE CAU SE TO BELIEVE THAT T HE CHILD 18
171+HAS COMMITTED THE DE LINQUENT ACT ; AND 19
172172
173- (2) In addition to the requirements for reporting child abuse and neglect 18
174-under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 19
175-that a child who has been detained is a victim of sex trafficking OR A VICTIM OF HUMAN 20
176-TRAFFICKING[, as defined in § 5–701 of the Family Law Article], the law enforcement 21
177-officer shall [notify any], AS SOON AS PRACTICAB LE: 22
173+ (II) THERE IS REASON TO BELIEVE THAT THE CHILD 20
174+COMMITTED THE ACT AS A D IRECT RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 21
175+TRAFFICKING. 22
178176
179- (I) NOTIFY AN appropriate regional navigator, as defined in § 23
180-5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 24
181-custody or where the child is a resident that the child is a suspected victim of sex trafficking 25
182-OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL NAVI GATOR 26
183-CAN COORDINATE A SER VICE RESPONSE ; 27
184-
185- (II) REPORT TO THE LOCAL CHILD WELFARE AGENCY THAT THE 28
186-CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTI M OF 29
187-HUMAN TRAFFICKING ; AND 30
188-
189- (III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 31
190-OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHILD 32
191-WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 33
192-BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 34
193-CUSTODIAN. 35 HOUSE BILL 833 5
194-
195-
196-
197- (3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 1
198-SUSPECTED VICTIM OF SEX TRAFFIC KING OR A SUSPECTED VICTI M OF HUMAN 2
199-TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 3
200-DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER § 4
201-9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 5
202-CHILD IS A SUSPECTED VIOLATION OF A QUALI FYING OFFENSE OR AN OFFENSE 6
203-UNDER TITLE 3, SUBTITLE 11 § 3–1102 OF THE CRIMINAL LAW ARTICLE. 7
204-
205-3–8A–17.13. 8
206-
207- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 9
208-INDICATED. 10
209-
210- (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 11
211-THE CRIMINAL PROCEDURE ARTICLE. 12
212-
213- (2) (3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 13
214-5–704.4 OF THE FAMILY LAW ARTICLE. 14
215-
216- (3) (4) “SEX TRAFFICKING” HAS THE MEANING STAT ED IN § 5–701 15
217-OF THE FAMILY LAW ARTICLE. 16
218-
219- (5) “VICTIM OF HUMAN TRAFFICKING” HAS THE MEANING STAT ED IN 17
220-§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 18
221-
222- (B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 19
223-COMMITTED A DELINQUENT ACT QUALIFYING OFFENSE , A VIOLATION, OR AN 20
224-OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE 21
225-COURT UNDER THIS SUB TITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF 22
226-THE CHILD’S COUNSEL OR THE STATE’S ATTORNEY, SHALL STAY ALL PROCEEDINGS 23
227-AND ORDER THAT THE REGIONAL NAVIGATOR F OR THE RELEVANT JURI SDICTION 24
228-CONDUCT AN EVALUATION OF THE CH ILD’S STATUS AS A VICTIM OF SEX 25
229-TRAFFICKING, IF THE COURT FINDS THAT : 26
230-
231- (I) THERE IS PROBABLE CAU SE TO BELIEVE THAT T HE CHILD 27
232-HAS COMMITTED THE DE LINQUENT ACT ; AND 28
233-
234- (II) THERE IS REASON TO BE LIEVE THAT THE CHILD 29
235-COMMITTED THE ACT AS A DIRECT RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 30
236-TRAFFICKING: 31
237-
238- (I) MAKE THE DETERMINATIO N REQUIRED UNDER 32
239-PARAGRAPH (3) OF THIS SUBSECTION ; 33 6 HOUSE BILL 833
240-
241-
242-
243- (II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 1
244-MADE; AND 2
245-
246- (III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 3
247-THE DEPARTMENT OF HUMAN SERVICES. 4
248-
249- (2) IF THE REGIONAL NAVIG ATOR FINDS THAT THE CHILD IS A VICTIM 5
250-OF SEX TRAFFICKING , AND IF THE COURT FIN DS THAT THE CHILD CO MMITTED THE 6
251-VIOLATION AS A DIREC T RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 7
252-TRAFFICKING, THE COURT SHALL DISM ISS THE CASE AND TRA NSFER THE CASE TO 8
253-THE DEPARTMENT OF HUMAN SERVICES THE COURT: 9
254-
255- (I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 10
256-MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 11
257-
258- (II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 12
259-HEARING AN ADDITIONA L 15 DAYS. 13
260-
261- (3) THE COURT SHALL DETERMINE, BY EVIDENCE PRESENTE D ON 14
262-THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD : 15
263-
264- (I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 16
265-TRAFFICKING; AND 17
266-
267- (II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 18
268-OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 19
269-BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 20
270-
271- (4) THE COURT SHALL DISMI SS THE CASE IF THE C OURT FINDS THAT 21
272-THE CHILD: 22
273-
274- (I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 23
275-TRAFFICKING; AND 24
276-
277- (II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 25
278-OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 26
279-BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 27
177+ (2) IF THE REGIONAL NAVIG ATOR FINDS THAT THE CHILD IS A VICTIM 23
178+OF SEX TRAFFICKING , AND IF THE COURT FIN DS THAT THE CHILD CO MMITTED THE 24
179+VIOLATION AS A DIRECT RESULT OF, OR INCIDENTAL OR REL ATED TO, SEX 25
180+TRAFFICKING, THE COURT SHALL DISM ISS THE CASE AND TRA NSFER THE CASE TO 26
181+THE DEPARTMENT OF HUMAN SERVICES. 27
280182
281183 Article – Criminal Law 28
282184
283185 1–402. 29
284- HOUSE BILL 833 7
186+
187+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30
188+INDICATED. 31
189+
190+ (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 32 HOUSE BILL 833 5
285191
286192
287- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
288-INDICATED. 2
193+8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 1
289194
290- (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 3
291-8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 4
195+ (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 2
196+FAMILY LAW ARTICLE. 3
292197
293- (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 5
294-FAMILY LAW ARTICLE. 6
198+ (B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 4
199+AGAINST AS A DELINQU ENT CHILD UNDER TITLE 3, SUBTITLE 8A OF THE COURTS 5
200+ARTICLE FOR A QUALIFY ING OFFENSE OR AN OF FENSE UNDER TITLE 3, SUBTITLE 6
201+11 OF THIS ARTICLE IF T HE MINOR COMMITTED T HE UNDERLYING ACT AS A DIRECT 7
202+RESULT OF SEX TRAFFI CKING. 8
295203
296- (4) “VICTIM OF HUMAN TRAFFICKING” HAS THE MEANING STAT ED IN 7
297-§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 8
204+11–303. 9
298205
299- (5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 9
300-COURTS ARTICLE. 10
206+ (a) [A person] AN ADULT may not knowingly: 10
301207
302- (B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 11
303-AGAINST AS A DELINQUENT CHIL D UNDER TITLE 3, SUBTITLE 8A OF THE COURTS 12
304-ARTICLE FOR A QUALIFY ING OFFENSE, A VIOLATION, OR AN OFFENSE UNDER TITLE 13
305-3, SUBTITLE 11 OF THIS ARTICLE § 3–1102 OF THIS ARTICLE IF THE MINOR 14
306-COMMITTED THE UNDERL YING ACT AS A DIRECT RESULT OF SEX TRAFFI CKING. 15
208+ (1) engage in prostitution or assignation by any means; or 11
307209
308-Article – Criminal Procedure 16
210+ (2) occupy a building, structure, or conveyance for prostitution or 12
211+assignation. 13
309212
310-8–302. 17
213+ (b) A person who violates this section is guilty of a misdemeanor and on conviction 14
214+is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 15
311215
312- (a) (1) In this section the following words have the meanings indicated. 18
216+ (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 16
217+section, it is an affirmative defense of duress if the defendant committed the act as a result 17
218+of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 18
219+prohibition against human trafficking under federal law. 19
313220
314- (2) “Qualifying offense” means: 19
221+ (2) A defendant may not assert the affirmative defense provided in 20
222+paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 21
223+defendant’s intention to assert the defense at least 10 days prior to trial. 22
315224
316- (i) unnatural or perverted sexual practice under § 3–322 of the 20
317-Criminal Law Article; 21
225+ (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 23
226+SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT T HAT AN ADULT IS 24
227+PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 25
228+CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 26
318229
319- (ii) possessing or administering a controlled dangerous substance 22
320-under § 5–601 of the Criminal Law Article; 23
230+11–306. 27
321231
322- (iii) possessing or purchasing a noncontrolled substance under § 24
323-5–618 of the Criminal Law Article; 25
232+ (a) [A person] AN ADULT may not knowingly procure or solicit or offer to procure 28
233+or solicit prostitution or assignation. 29
324234
325- (iv) possessing or distributing controlled paraphernalia under § 26
326-5–620(a)(2) of the Criminal Law Article; 27
235+ (b) A person who violates this section is guilty of a misdemeanor and on conviction 30
236+is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 31
327237
328- (v) fourth–degree burglary under § 6–205 of the Criminal Law 28
329-Article; 29
238+ (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 32 6 HOUSE BILL 833
330239
331- (vi) malicious destruction of property in the lesser degree under § 30
332-6–301(c) of the Criminal Law Article; 31 8 HOUSE BILL 833
240+
241+section, it is an affirmative defense of duress if the defendant committed the act as a result 1
242+of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 2
243+prohibition against human trafficking under federal law. 3
244+
245+ (2) A defendant may not assert the affirmative defense provided in 4
246+paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 5
247+defendant’s intention to assert the defense at least 10 days prior to trial. 6
248+
249+ (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 7
250+SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 8
251+PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 9
252+CUSTODY IN ACC ORDANCE WITH § 3–8A–14 OF THE COURTS ARTICLE. 10
253+
254+Article – Family Law 11
255+
256+5–701. 12
257+
258+ (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 13
259+following words have the meanings indicated. 14
260+
261+ (x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 15
262+obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 16
263+
264+Article – Human Services 17
265+
266+1–202. 18
267+
268+ (A) IN THIS SECTION, “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 19
269+5–701 OF THE FAMILY LAW ARTICLE. 20
270+
271+ [(a)] (B) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family 21
272+Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or 22
273+record concerning child abuse [or], neglect, OR SEX TRAFFICKING . 23
274+
275+ [(b)] (C) A report or record concerning child abuse [or], neglect, OR SEX 24
276+TRAFFICKING shall be disclosed: 25
277+
278+ (1) under a court order; 26
279+
280+ (2) under an order of an administrative law judge, if: 27
281+
282+ (i) the request for disclosure concerns a case pending before the 28
283+Office of Administrative Hearings; and 29
284+
285+ (ii) provisions are made to comply with other State or federal 30
286+confidentiality laws and to protect the identity of the reporter or other person whose life or 31 HOUSE BILL 833 7
287+
288+
289+safety is likely to be endangered by the disclosure; or 1
290+
291+ (3) to the Division of Parole and Probation in the Department of Public 2
292+Safety and Correctional Services if, as a result of a report or investigation of suspected child 3
293+abuse [or], neglect, OR SEX TRAFFICKING , the local department of social services has 4
294+reason to believe that an individual who lives in or has a regular presence in a child’s home 5
295+is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the 6
296+commission of an offense against a child. 7
297+
298+ [(c)] (D) A report or record concerning child abuse or neglect: 8
299+
300+ (1) may be disclosed on request to: 9
301+
302+ (i) personnel of the Social Services Administration or a local 10
303+department of social services, law enforcement personnel, and members o f 11
304+multidisciplinary case consultation teams, including an addiction specialist as defined in 12
305+Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 13
306+a report of known or suspected child abuse or neglect or providing services to or assessing 14
307+a child or family that is the subject of the report; 15
308+
309+ (ii) local or State officials responsible for the administration of child 16
310+protective services, juvenile services, or child care, foster care, or adoption licensing, 17
311+approval, or regulations, as necessary to carry out their official functions; 18
312+
313+ (iii) the State Council on Child Abuse and Neglect or its designee, the 19
314+State Citizens Review Board for Children or its designee, or a child fatality review team, 20
315+as necessary to carry out their official functions; 21
316+
317+ (iv) a person who is the alleged abuser or neglector, if that person is 22
318+responsible for the child’s welfare and provisions are made for the protection of the identity 23
319+of the reporter or any other person whose life or safety is likely to be endangered by 24
320+disclosing the information; 25
321+
322+ (v) a licensed practitioner who, or an agency, institution, or program 26
323+that, is providing treatment or care to a child who is the subject of a report of child abuse 27
324+or neglect for a purpose relevant to the treatment or care; 28
325+
326+ (vi) a parent or other person who has permanent or temporary care 29
327+and custody of the child, if provisions are made for the protection of the identity of the 30
328+reporter or any other person whose life or safety is likely to be endangered by disclosing the 31
329+information; 32
330+
331+ (vii) 1. The appropriate public school superintendent or the 33
332+principal or equivalent employee of a nonpublic school that holds a certificate of approval 34
333+from the State or is registered with the State Department of Education to carry out 35
334+appropriate personnel or administrative actions following a report of suspected child abuse 36
335+involving a student committed by: 37 8 HOUSE BILL 833
333336
334337
335338
336- (vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 1
337-Article; 2
339+ A. a public school employee in that school system; 1
338340
339- (viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 3
341+ B. an employee of that nonpublic school; 2
340342
341- (ix) misdemeanor obtaining property or services by bad check under 4
342-§ 8–103 of the Criminal Law Article; 5
343+ C. an independent contractor who supervises or works 3
344+directly with students in that school system or that nonpublic school; or 4
343345
344- (x) possession or use of a fraudulent government identification 6
345-document under § 8–303 of the Criminal Law Article; 7
346+ D. an employee of an independent contractor, including a bus 5
347+driver or bus assistant, who supervises or works directly with students in that school 6
348+system or that nonpublic school; and 7
346349
347- (xi) public assistance fraud under § 8–503 of the Criminal Law 8
348-Article; 9
350+ 2. if the report concerns suspected child abuse involving a 8
351+student committed by an employee, independent contractor, or employee of an independent 9
352+contractor described in item 1 of this item and employed by a nonpublic school under the 10
353+jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 11
354+Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 12
355+superintendent of schools; 13
349356
350- (xii) false statement to a law enforcement officer or public official 10
351-under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 11
357+ (viii) the director of a licensed child care facility or licensed child 14
358+placement agency to carry out appropriate personnel actions following a report of suspected 15
359+child abuse or neglect alleged to have been committed by an employee of the facility or 16
360+agency and involving a child who is currently or was previously under the care of that 17
361+facility or agency; 18
352362
353- (xiii) disturbing the public peace and disorderly conduct under § 12
354-10–201 of the Criminal Law Article; 13
363+ (ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney 19
364+General established under Title 6, Subtitle 4 of the State Government Article; 20
355365
356- (xiv) indecent exposure under § 11–107 of the Criminal Law Article; 14
366+ (x) subject to subsection [(d)] (E) of this section, a licensed 21
367+practitioner of a hospital or birthing center to make discharge decisions concerning a child, 22
368+when the practitioner suspects that the child may be in danger after discharge based on 23
369+the practitioner’s observation of the behavior of the child’s parents or immediate family 24
370+members; or 25
357371
358- (xv) prostitution under § 11–303 of the Criminal Law Article; 15
372+ (xi) the president of a Maryland public institution of higher 26
373+education, as defined in § 10–101 of the Education Article, or the Chancellor of the 27
374+University System of Maryland, to carry out appropriate personnel or administrative 28
375+actions following a report of child abuse committed: 29
359376
360- (xvi) driving with a suspended registration under § 13–401(h) of the 16
361-Transportation Article; 17
377+ 1. by an employee of the institution who has on–campus 30
378+contact with children; or 31
362379
363- (xvii) failure to display registration under § 13–409(b) of the 18
364-Transportation Article; 19
380+ 2. by a contractor, an employee of a contractor, or a volunteer 32
381+of the institution who has on–campus contact with children; and 33
365382
366- (xviii) driving without a license under § 16–101 of the Transportation 20
367-Article; 21
368-
369- (xix) failure to display license to police under § 16–112(c) of the 22
370-Transportation Article; 23
371-
372- (xx) possession of a suspended license under § 16–301(j) of the 24
373-Transportation Article; 25
374-
375- (xxi) driving while privilege is canceled, suspended, refused, or 26
376-revoked under § 16–303 of the Transportation Article; 27
377-
378- (xxii) owner failure to maintain security on a vehicle under § 17–104(b) 28
379-of the Transportation Article; 29
380- HOUSE BILL 833 9
383+ (2) may be disclosed by the Department of Human Services to the operator 34
384+of a child care center that is required to be licensed or to hold a letter of compliance under 35 HOUSE BILL 833 9
381385
382386
383- (xxiii) driving while uninsured under § 17–107 of the Transportation 1
384-Article; [or] 2
387+Title 5, Subtitle 5, Part VII of the Family Law Article or to a family child care provider who 1
388+is required to be registered under Title 5, Subtitle 5, Part V of the Family Law Article, to 2
389+determine the suitability of an individual for employment in the child care center or family 3
390+child care home. 4
385391
386- (xxiv) prostitution or loitering as prohibited under local law; 3
392+ [(d)] (E) Only the following information concerning child abuse and neglect may 5
393+be disclosed to a practitioner of a hospital or birthing center under subsection [(c)(1)(x)] 6
394+(D)(1)(X) of this section: 7
387395
388- (XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 4
389-TRANSPORTATION ARTICLE; OR 5
396+ (1) whether there is a prior finding of indicated child abuse or neglect by 8
397+either parent; and 9
390398
391- (XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 6
392-OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 7
399+ (2) whether there is an open investigation of child abuse or neglect pending 10
400+against either parent. 11
393401
394- (3) “Victim of human trafficking” means a person who has been subjected 8
395-to an act of another committed in violation of: 9
402+ [(e)] (F) A person who violates this section is guilty of a misdemeanor and on 12
403+conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 13
404+both. 14
396405
397- (i) Title 3, Subtitle 11 of the Criminal Law Article; or 10
398-
399- (ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 11
400-Code. 12
401-
402- (b) A person convicted of a qualifying offense may file a motion to vacate the 13
403-judgment if the person’s participation in the offense was a direct result of being a victim of 14
404-human trafficking. 15
405-
406-11–303. 16
407-
408- (a) [A person] AN ADULT may not knowingly: 17
409-
410- (1) engage in prostitution or assignation by any means; or 18
411-
412- (2) occupy a building, structure, or conveyance for prostitution or 19
413-assignation. 20
414-
415- (b) A person who violates this section is guilty of a misdemeanor and on conviction 21
416-is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 22
417-
418- (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 23
419-section, it is an affirmative defense of duress if the defendant committed the act as a result 24
420-of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 25
421-prohibition against human trafficking under federal law. 26
422-
423- (2) A defendant may not assert the affirmative defense provided in 27
424-paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 28
425-defendant’s intention to assert the defense at least 10 days prior to trial. 29
426-
427- (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 30
428-SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 31 10 HOUSE BILL 833
429-
430-
431-PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 1
432-CUSTODY IN ACCORDANCE WITH § 3–8A–14 OF THE COURTS ARTICLE. 2
433-
434-11–306. 3
435-
436- (a) [A person] AN ADULT may not knowingly procure or solicit or offer to procure 4
437-or solicit prostitution or assignation. 5
438-
439- (b) A person who violates this section is guilty of a misdemeanor and on conviction 6
440-is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 7
441-
442- (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 8
443-section, it is an affirmative defense of duress if the defendant committed the act as a result 9
444-of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 10
445-prohibition against human trafficking under federal law. 11
446-
447- (2) A defendant may not assert the affirmative defense provided in 12
448-paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 13
449-defendant’s intention to assert the defense at least 10 days prior to trial. 14
450-
451- (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 15
452-SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN A DULT IS 16
453-PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 17
454-CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 18
455-
456-Article – Family Law 19
457-
458-5–701. 20
459-
460- (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 21
461-following words have the meanings indicated. 22
462-
463- (x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 23
464-obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 24
465-
466-Article – Human Services 25
467-
468-1–202. 26
469-
470- (A) IN THIS SECTION, “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 27
471-5–701 OF THE FAMILY LAW ARTICLE. 28
472-
473- [(a)] (B) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family 29
474-Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or 30
475-record concerning child abuse [or], neglect, OR SEX TRAFFICKING . 31
476- HOUSE BILL 833 11
477-
478-
479- [(b)] (C) A report or record concerning child abuse [or], neglect, OR SEX 1
480-TRAFFICKING shall be disclosed: 2
481-
482- (1) under a court order; 3
483-
484- (2) under an order of an administrative law judge, if: 4
485-
486- (i) the request for disclosure concerns a case pending before the 5
487-Office of Administrative Hearings; and 6
488-
489- (ii) provisions are made to comply with other State or federal 7
490-confidentiality laws and to protect the identity of the reporter or other person whose life or 8
491-safety is likely to be endangered by the disclosure; or 9
492-
493- (3) to the Division of Parole and Probation in the Department of Public 10
494-Safety and Correctional Services if, as a result of a report or investigation of suspected child 11
495-abuse [or], neglect, OR SEX TRAFFICKING , the local department of social services has 12
496-reason to believe that an individual who lives in or has a regular presence in a child’s home 13
497-is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the 14
498-commission of an offense against a child. 15
499-
500- [(c)] (D) A report or record concerning child abuse or neglect: 16
501-
502- (1) may be disclosed on request to: 17
503-
504- (i) personnel of the Social Services Administration or a local 18
505-department of social services, law enforcement personnel, and members of 19
506-multidisciplinary case consultation teams, including an addiction specialist as defined in 20
507-Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 21
508-a report of known or suspected child abuse or neglect or providing services to or assessing 22
509-a child or family that is the subject of the report; 23
510-
511- (ii) local or State officials responsible for the administration of child 24
512-protective services, juvenile services, or child care, foster care, or adoption licensing, 25
513-approval, or regulations, as necessary to carry out their official functions; 26
514-
515- (iii) the State Council on Child Abuse and Neglect or its designee, the 27
516-State Citizens Review Board for Children or its designee, or a child fatality review team, 28
517-as necessary to carry out their official functions; 29
518-
519- (iv) a person who is the alleged abuser or neglector, if that person is 30
520-responsible for the child’s welfare and provisions are made for the protection of the identity 31
521-of the reporter or any other person whose life or safety is likely to be endangered by 32
522-disclosing the information; 33
523- 12 HOUSE BILL 833
524-
525-
526- (v) a licensed practitioner who, or an agency, institution, or program 1
527-that, is providing treatment or care to a child who is the subject of a report of child abuse 2
528-or neglect for a purpose relevant to the treatment or care; 3
529-
530- (vi) a parent or other person who has permanent or temporary care 4
531-and custody of the child, if provisions are made for the protection of the identity of the 5
532-reporter or any other person whose life or safety is likely to be endangered by disclosing the 6
533-information; 7
534-
535- (vii) 1. The appropriate public school superintendent or the 8
536-principal or equivalent employee of a nonpublic school that holds a certificate of approval 9
537-from the State or is registered with the State Department of Education to carry out 10
538-appropriate personnel or administrative actions following a report of suspected child abuse 11
539-involving a student committed by: 12
540-
541- A. a public school employee in that school system; 13
542-
543- B. an employee of that nonpublic school; 14
544-
545- C. an independent contractor who supervises or works 15
546-directly with students in that school system or that nonpublic school; or 16
547-
548- D. an employee of an independent contractor, including a bus 17
549-driver or bus assistant, who supervises or works directly with students in that school 18
550-system or that nonpublic school; and 19
551-
552- 2. if the report concerns suspected child abuse involving a 20
553-student committed by an employee, independent contractor, or employee of an independent 21
554-contractor described in item 1 of this item and employed by a nonpublic school under the 22
555-jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 23
556-Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 24
557-superintendent of schools; 25
558-
559- (viii) the director of a licensed child care facility or licensed child 26
560-placement agency to carry out appropriate personnel actions following a report of suspected 27
561-child abuse or neglect alleged to have been committed by an employee of the facility or 28
562-agency and involving a child who is currently or was previously under the care of that 29
563-facility or agency; 30
564-
565- (ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney 31
566-General established under Title 6, Subtitle 4 of the State Government Article; 32
567-
568- (x) subject to subsection [(d)] (E) of this section, a licensed 33
569-practitioner of a hospital or birthing center to make discharge decisions concerning a child, 34
570-when the practitioner suspects that the child may be in danger after discharge based on 35
571-the practitioner’s observation of the behavior of the child’s parents or immediate family 36
572-members; or 37 HOUSE BILL 833 13
573-
574-
575-
576- (xi) the president of a Maryland public institution of higher 1
577-education, as defined in § 10–101 of the Education Article, or the Chancellor of the 2
578-University System of Maryland, to carry out appropriate personnel or administrative 3
579-actions following a report of child abuse committed: 4
580-
581- 1. by an employee of the institution who has on–campus 5
582-contact with children; or 6
583-
584- 2. by a contractor, an employee of a contractor, or a volunteer 7
585-of the institution who has on–campus contact with children; and 8
586-
587- (2) may be disclosed by the Department of Human Services to the operator 9
588-of a child care center that is required to be licensed or to hold a letter of compliance under 10
589-Title 5, Subtitle 5, Part VII of the Family Law Article or to a family child care provider who 11
590-is required to be registered under Title 5, Subtitle 5, Part V of the Family Law Article, to 12
591-determine the suitability of an individual for employment in the child care center or family 13
592-child care home. 14
593-
594- [(d)] (E) Only the following information concerning child abuse and neglect may 15
595-be disclosed to a practitioner of a hospital or birthing center under subsection [(c)(1)(x)] 16
596-(D)(1)(X) of this section: 17
597-
598- (1) whether there is a prior finding of indicated child abuse or neglect by 18
599-either parent; and 19
600-
601- (2) whether there is an open investigation of child abuse or neglect pending 20
602-against either parent. 21
603-
604- [(e)] (F) A person who violates this section is guilty of a misdemeanor and on 22
605-conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 23
606-both. 24
607-
608- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
609-October 1, 2022. 26
610-
406+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
407+October 1, 2022. 16