EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0435*
SENATE BILL 435
D4, E1 2lr0845
SB 145/21 – JPR
By: Senators Hough, Bailey, Cassilly, and West
Introduced and read first time: January 26, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Family Law – Preventing or Interfering With a Report of Suspected Sexual 2
Abuse of a Child – Statute of Limitations 3
FOR the purpose of establishing that an individual who intentionally prevents or interferes 4
with the making of a report for suspected sexual abuse of a child by a mandatory 5
reporter may be prosecuted at any time for the violation; and generally relating to 6
the reporting of suspected sexual abuse of a child. 7
BY repealing and reenacting, without amendments, 8
Article – Courts and Judicial Proceedings 9
Section 5–106(b) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Family Law 14
Section 5–704(a) and 5–705.1(c)(1) and (2) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Family Law 19
Section 5–705.2 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Court and Judicial Proceedings 25
2 SENATE BILL 435
5–106. 1
(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 2
other provision of the Code, if a statute provides that a misdemeanor is punishable by 3
imprisonment in the penitentiary or that a person is subject to this subsection: 4
(1) The State may institute a prosecution for the misdemeanor at any time; 5
and 6
(2) For purposes of the Maryland Constitution, the person: 7
(i) Shall be deemed to have committed a misdemeanor whose 8
punishment is confinement in the penitentiary; and 9
(ii) May reserve a point or question for in banc review as provided 10
under Article IV, § 22 of the Maryland Constitution. 11
Article – Family Law 12
5–704. 13
(a) Notwithstanding any other provision of law, including any law on privileged 14
communications, each health practitioner, police officer, educator, or human service 15
worker, acting in a professional capacity in this State: 16
(1) who has reason to believe that a child has been subjected to abuse or 17
neglect, shall notify the local department or the appropriate law enforcement agency; and 18
(2) if acting as a staff member of a hospital, public health agency, child care 19
institution, juvenile detention center, school, or similar institution, shall immediately 20
notify and give all information required by this section to the head of the institution or the 21
designee of the head. 22
5–705.1. 23
(c) (1) If suspected abuse or neglect is alleged to have occurred outside of this 24
State and the victim is currently a child who lives outside of this State, a person who would 25
be required to report suspected abuse or neglect under the provisions of § 5–704 or § 5–705 26
of this subtitle shall report the suspected abuse or neglect to any local department in 27
accordance with paragraph (2) of this subsection. 28
(2) A person described in § 5–704 of this subtitle shall make: 29
(i) an oral report, by telephone or direct communication, as soon as 30
possible; and 31
SENATE BILL 435 3
(ii) a written report not later than 48 hours after the contact, 1
examination, attention, or treatment that caused the person to believe that the child had 2
been subjected to abuse or neglect. 3
5–705.2. 4
(a) An individual may not intentionally prevent or interfere with the making of a 5
report of suspected abuse or neglect required by § 5–704 or § 5–705.1(c)(2) of this subtitle. 6
(b) A person who violates this section is guilty of a misdemeanor and on conviction 7
is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. 8
(C) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A REPORT 9
OF SUSPECTED SEXUAL ABUSE OF A CHILD IS SUBJECT TO § 5–106(B) OF THE 10
COURTS ARTICLE. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2022. 13