Maryland 2022 Regular Session

Maryland Senate Bill SB435 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[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.
8	5		sb0435
9	6
10	7		SENATE BILL 435
11	8		D4, E1 2lr0845
12	9		SB 145/21 – JPR
13	10		By: Senators Hough, Bailey, Cassilly, and West
14	11		Introduced and read first time: January 26, 2022
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable
17		-	Senate action: Adopted
18		-	Read second time: February 22, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Family Law – Preventing or Interfering With a Report of Suspected Sexual 2
25	19		Abuse of a Child – Statute of Limitations 3
26	20
27	21		FOR the purpose of establishing that an individual who intentionally prevents or interferes 4
28	22		with the making of a report for suspected sexual abuse of a child by a mandatory 5
29	23		reporter may be prosecuted at any time for the violation; and generally relating to 6
30	24		the reporting of suspected sexual abuse of a child. 7
31	25
32	26		BY repealing and reenacting, without amendments, 8
33	27		Article – Courts and Judicial Proceedings 9
34	28		Section 5–106(b) 10
35	29		Annotated Code of Maryland 11
36	30		(2020 Replacement Volume and 2021 Supplement) 12
37	31
38	32		BY repealing and reenacting, without amendments, 13
39	33		Article – Family Law 14
40	34		Section 5–704(a) and 5–705.1(c)(1) and (2) 15
41	35		Annotated Code of Maryland 16
42	36		(2019 Replacement Volume and 2021 Supplement) 17
43	37
44	38		BY repealing and reenacting, with amendments, 18
45	39		Article – Family Law 19
46	40		Section 5–705.2 20
47	41		Annotated Code of Maryland 21
48		-	(2019 Replacement Volume and 2021 Supplement) 22 2 SENATE BILL 435
	42	+	(2019 Replacement Volume and 2021 Supplement) 22
	43	+
	44	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
	45	+	That the Laws of Maryland read as follows: 24
	46	+
	47	+	Article – Court and Judicial Proceedings 25
	48	+	2 SENATE BILL 435
49	49
50	50
	51	+	5–106. 1
51	52
52		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53		-	That the Laws of Maryland read as follows: 2
	53	+	(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 2
	54	+	other provision of the Code, if a statute provides that a misdemeanor is punishable by 3
	55	+	imprisonment in the penitentiary or that a person is subject to this subsection: 4
54	56
55		-	Article – Court and Judicial Proceedings 3
	57	+	(1) The State may institute a prosecution for the misdemeanor at any time; 5
	58	+	and 6
56	59
57		-	~~5–106. 4~~
	60	+	(2) For purposes of the Maryland Constitution, the person: 7
58	61
59		-	(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 5
60		-	other provision of the Code, if a statute provides that a misdemeanor is punishable by 6
61		-	imprisonment in the penitentiary or that a person is subject to this subsection: 7
	62	+	(i) Shall be deemed to have committed a misdemeanor whose 8
	63	+	punishment is confinement in the penitentiary; and 9
62	64
63		-	(1) ~~The State~~ may ~~institute~~ a ~~prosecution~~ for ~~the misdemeanor at any time;~~ 8
64		-	~~and 9~~
	65	+	(ii) May reserve a point or question for in banc review as provided 10
	66	+	under Article IV, § 22 of the Maryland Constitution. 11
65	67
66		-	~~(2) For purposes of the Maryland Constitution, the person: 10~~
	68	+	Article – Family Law 12
67	69
68		-	(i) Shall be deemed to have committed a misdemeanor whose 11
69		-	punishment is confinement in the penitentiary; and 12
	70	+	5–704. 13
70	71
71		-	(ii) May reserve a point or question for in banc review as provided 13
72		-	under Article IV, § 22 of the Maryland Constitution. 14
	72	+	(a) Notwithstanding any other provision of law, including any law on privileged 14
	73	+	communications, each health practitioner, police officer, educator, or human service 15
	74	+	worker, acting in a professional capacity in this State: 16
73	75
74		-	Article – Family Law 15
	76	+	(1) who has reason to believe that a child has been subjected to abuse or 17
	77	+	neglect, shall notify the local department or the appropriate law enforcement agency; and 18
75	78
76		-	5–704. 16
	79	+	(2) if acting as a staff member of a hospital, public health agency, child care 19
	80	+	institution, juvenile detention center, school, or similar institution, shall immediately 20
	81	+	notify and give all information required by this section to the head of the institution or the 21
	82	+	designee of the head. 22
77	83
78		-	(a) Notwithstanding any other provision of law, including any law on privileged 17
79		-	communications, each health practitioner, police officer, educator, or human service 18
80		-	worker, acting in a professional capacity in this State: 19
	84	+	5–705.1. 23
81	85
82		-	(1) who has reason to believe that a child has been subjected to abuse or 20
83		-	neglect, shall notify the local department or the appropriate law enforcement agency; and 21
	86	+	(c) (1) If suspected abuse or neglect is alleged to have occurred outside of this 24
	87	+	State and the victim is currently a child who lives outside of this State, a person who would 25
	88	+	be required to report suspected abuse or neglect under the provisions of § 5–704 or § 5–705 26
	89	+	of this subtitle shall report the suspected abuse or neglect to any local department in 27
	90	+	accordance with paragraph (2) of this subsection. 28
84	91
85		-	(2) if acting as a staff member of a hospital, public health agency, child care 22
86		-	institution, juvenile detention center, school, or similar institution, shall immediately 23
87		-	notify and give all information required by this section to the head of the institution or the 24
88		-	designee of the head. 25
	92	+	(2) A person described in § 5–704 of this subtitle shall make: 29
89	93
90		-	5–705.1. 26
91		-
92		-	(c) (1) If suspected abuse or neglect is alleged to have occurred outside of this 27
93		-	State and the victim is currently a child who lives outside of this State, a person who would 28
94		-	be required to report suspected abuse or neglect under the provisions of § 5–704 or § 5–705 29
95		-	of this subtitle shall report the suspected abuse or neglect to any local department in 30
96		-	accordance with paragraph (2) of this subsection. 31
	94	+	(i) an oral report, by telephone or direct communication, as soon as 30
	95	+	possible; and 31
97	96		SENATE BILL 435 3
98	97
99	98
100		-	(2) A person described in § 5–704 of this subtitle shall make: 1
	99	+	(ii) a written report not later than 48 hours after the contact, 1
	100	+	examination, attention, or treatment that caused the person to believe that the child had 2
	101	+	been subjected to abuse or neglect. 3
101	102
102		-	(i) an oral report, by telephone or direct communication, as soon as 2
103		-	possible; and 3
	103	+	5–705.2. 4
104	104
105		-	(ii) a written report not later than 48 hours after the contact, 4
106		-	examination, attention, or treatment that caused the person to believe that the child had 5
107		-	been subjected to abuse or neglect. 6
	105	+	(a) An individual may not intentionally prevent or interfere with the making of a 5
	106	+	report of suspected abuse or neglect required by § 5–704 or § 5–705.1(c)(2) of this subtitle. 6
108	107
109		-	5–705.2. 7
	108	+	(b) A person who violates this section is guilty of a misdemeanor and on conviction 7
	109	+	is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. 8
110	110
111		-	(a) An individual may not intentionally prevent or interfere with the making of a 8
112		-	report of suspected abuse or neglect required by § 5–704 or § 5–705.1(c)(2) of this subtitle. 9
	111	+	(C) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A REPORT 9
	112	+	OF SUSPECTED SEXUAL ABUSE OF A CHILD IS SUBJECT TO § 5–106(B) OF THE 10
	113	+	COURTS ARTICLE. 11
113	114
114		-	~~(b) A person who violates~~ this ~~section is guilty of a misdemeanor and on conviction 10~~
115		-	~~is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both~~. 11
	115	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
	116	+	October 1, 2022. 13
116	117
117		-	(C) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A REPORT 12
118		-	OF SUSPECTED SEXUAL ABUSE OF A CHILD IS SUBJECT TO § 5–106(B) OF THE 13
119		-	COURTS ARTICLE. 14
120		-
121		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
122		-	October 1, 2022. 16
123		-
124		-
125		-
126		-
127		-	Approved:
128		-	________________________________________________________________________________
129		-	Governor.
130		-	________________________________________________________________________________
131		-	President of the Senate.
132		-	________________________________________________________________________________
133		-	Speaker of the House of Delegates.