EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0768*
SENATE BILL 768
D4, E2, E3 2lr1598
CF HB 833
By: Senators Lee and Watson
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Victims of Child Sex Trafficking – Safe Harbor and Service 2
Response 3
FOR the purpose of altering procedures that a law enforcement officer and a court are 4
required to follow when the law enforcement officer or a court has reason to believe 5
that a child who has been detained is a victim of sex trafficking; providing that a 6
minor may not be criminally prosecuted or proceeded against as a delinquent child 7
for a certain crime or civil offense if the minor committed the crime or civil offense 8
as a direct result of sex trafficking; providing that certain criminal prohibitions do 9
not apply to minors; and generally relating to victims of child sex trafficking. 10
BY repealing and reenacting, with amendments, 11
Article – Courts and Judicial Proceedings 12
Section 3–8A–14 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Courts and Judicial Proceedings 17
Section 3–8A–17.13 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2021 Supplement) 20
BY adding to 21
Article – Criminal Law 22
Section 1–402 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Criminal Law 27 2 SENATE BILL 768
Section 11–303 and 11–306 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2021 Supplement) 3
BY repealing and reenacting, without amendments, 4
Article – Family Law 5
Section 5–701(a) and (x) 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2021 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Human Services 10
Section 1–202 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
3–8A–14. 17
(a) A child may be taken into custody under this subtitle by any of the following 18
methods: 19
(1) Pursuant to an order of the court; 20
(2) By a law enforcement officer pursuant to the law of arrest; 21
(3) By a law enforcement officer or other person authorized by the court if 22
the officer or other person has reasonable grounds to believe that the child is in immediate 23
danger from the child’s surroundings and that the child’s removal is necessary for the 24
child’s protection; 25
(4) By a law enforcement officer or other person authorized by the court if 26
the officer or other person has reasonable grounds to believe that the child has run away 27
from the child’s parents, guardian, or legal custodian; or 28
(5) In accordance with § 3–8A–14.1 of this subtitle. 29
(b) If a law enforcement officer takes a child into custody, the officer shall 30
immediately notify, or cause to be notified, the child’s parents, guardian, or custodian of 31
the action. After making every reasonable effort to give notice, the law enforcement officer 32
shall with all reasonable speed: 33
(1) Release the child to the child’s parents, guardian, or custodian or to any 34 SENATE BILL 768 3
other person designated by the court, upon their written promise to bring the child before 1
the court when requested by the court, and such security for the child’s appearance as the 2
court may reasonably require, unless the child’s placement in detention or shelter care is 3
permitted and appears required by § 3–8A–15 of this subtitle; or 4
(2) Deliver the child to the court or a place of detention or shelter care 5
designated by the court. 6
(c) If a parent, guardian, or custodian fails to bring the child before the court 7
when requested, the court may issue a writ of attachment directing that the child be taken 8
into custody and brought before the court. The court may proceed against the parent, 9
guardian, or custodian for contempt. 10
(d) (1) (I) IN THIS SECTION THE F OLLOWING WORDS HAVE THE 11
MEANINGS INDICATED . 12
(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 13
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 14
(III) “SEX TRAFFICKING ” HAS THE MEANING STATED IN § 5–701 15
OF THE FAMILY LAW ARTICLE. 16
(2) In addition to the requirements for reporting child abuse and neglect 17
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 18
that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 19
the Family Law Article], the law enforcement officer shall [notify any], AS SOON AS 20
PRACTICABLE : 21
(I) NOTIFY AN appropriate regional navigator, as defined in § 22
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 23
custody or where the child is a resident that the child is a suspected victim of sex trafficking 24
SO THE REGIONAL NAVI GATOR CAN COORDINATE A SERVICE RESPONSE ; 25
(II) REPORT TO THE LOCAL C HILD WELFARE AG ENCY THAT THE 26
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING; AND 27
(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 28
OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 29
WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD’S SAFETY WILL 30
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 31
CUSTODIAN. 32
(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 33
SUSPECTED VICTIM OF SEX TRAFFICKING INTO CUSTODY UNDER SUBSEC TION (A)(3) 34
OF THIS SECTION MAY NOT DETAIN THE CHILD IN A JUVENILE DETENT ION FACILITY, 35 4 SENATE BILL 768
AS DEFINED UNDER § 9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON 1
FOR DETAINING THE CH ILD IS A SUSPECTED V IOLATION OF A QUALIF YING OFFENSE 2
OR AN OFFENSE UNDER TITLE 3, SUBTITLE 11 OF THE CRIMINAL LAW ARTICLE. 3
3–8A–17.13. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 5–704.4 7
OF THE FAMILY LAW ARTICLE. 8
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 9
FAMILY LAW ARTICLE. 10
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 11
COMMITTED A DELINQUE NT ACT IS FILED WITH TH E COURT UNDER THIS S UBTITLE, 12
THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S COUNSEL OR THE 13
STATE’S ATTORNEY, SHALL STAY ALL PROCE EDINGS AND ORDER THA T THE 14
REGIONAL NAVIGATOR F OR THE RELEVANT JURI SDICTION CONDUCT AN 15
EVALUATION OF THE CHILD’S STATUS AS A VICTIM OF SEX TRAFFICKING , IF THE 16
COURT FINDS THAT : 17
(I) THERE IS PROBABLE CAU SE TO BELIEVE THAT T HE CHILD 18
HAS COMMITTED THE DE LINQUENT ACT ; AND 19
(II) THERE IS REASON TO BE LIEVE THAT THE CHILD 20
COMMITTED THE ACT AS A DIRECT RESULT OF SEX TRAFFI CKING. 21
(2) IF THE REGIONAL NAVIG ATOR FINDS THAT THE CHILD IS A VICTIM 22
OF SEX TRAFFICKING , AND IF THE COURT FIN DS THAT THE CHILD CO MMITTED THE 23
VIOLATION AS A DIREC T RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 24
TRAFFICKING, THE COURT SH ALL DISMISS THE CASE AND TRANSFER THE CAS E TO 25
THE DEPARTMENT OF HUMAN SERVICES. 26
Article – Criminal Law 27
1–402. 28
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
INDICATED. 30
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 31
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 32 SENATE BILL 768 5
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 1
FAMILY LAW ARTICLE. 2
(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 3
AGAINST AS A DELINQU ENT CHILD UNDER TITLE 3, SUBTITLE 8A OF THE COURTS 4
ARTICLE FOR A QUALIFYING OFF ENSE OR AN OFFENSE U NDER TITLE 3, SUBTITLE 5
11 OF THIS ARTICLE IF T HE MINOR COMMITTED T HE UNDERLYING ACT AS A DIRECT 6
RESULT OF SEX TRAFFI CKING. 7
11–303. 8
(a) [A person] AN ADULT may not knowingly: 9
(1) engage in prostitution or assignation by any means; or 10
(2) occupy a building, structure, or conveyance for prostitution or 11
assignation. 12
(b) A person who violates this section is guilty of a misdemeanor and on conviction 13
is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 14
(c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 15
section, it is an affirmative defense of duress if the defendant committed the act as a result 16
of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 17
prohibition against human trafficking under federal law. 18
(2) A defendant may not assert the affirmative defense provided in 19
paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 20
defendant’s intention to assert the defense at least 10 days prior to trial. 21
(D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 22
SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 23
PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 24
CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 25
11–306. 26
(a) [A person] AN ADULT may not knowingly procure or solicit or offer to procure 27
or solicit prostitution or assignation. 28
(b) A person who violates this section is guilty of a misdemeanor and on conviction 29
is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 30
(c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 31
section, it is an affirmative defense of duress if the defendant committed the act as a result 32 6 SENATE BILL 768
of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 1
prohibition against human trafficking under federal law. 2
(2) A defendant may not assert the affirmative defense provided in 3
paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 4
defendant’s intention to assert the defense at least 10 days prior to trial. 5
(D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 6
SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 7
PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 8
CUSTODY IN ACC ORDANCE WITH § 3–8A–14 OF THE COURTS ARTICLE. 9
Article – Family Law 10
5–701. 11
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 12
following words have the meanings indicated. 13
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 14
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 15
Article – Human Services 16
1–202. 17
(A) IN THIS SECTION, “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 18
5–701 OF THE FAMILY LAW ARTICLE. 19
[(a)] (B) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family 20
Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or 21
record concerning child abuse [or], neglect, OR SEX TRAFFICKING . 22
[(b)] (C) A report or record concerning child abuse [or], neglect, OR SEX 23
TRAFFICKING shall be disclosed: 24
(1) under a court order; 25
(2) under an order of an administrative law judge, if: 26
(i) the request for disclosure concerns a case pending before the 27
Office of Administrative Hearings; and 28
(ii) provisions are made to comply with other State or federal 29
confidentiality laws and to protect the identity of the reporter or other person whose life or 30
safety is likely to be endangered by the disclosure; or 31 SENATE BILL 768 7
(3) to the Division of Parole and Probation in the Department of Public 1
Safety and Correctional Services if, as a result of a report or investigation of suspected child 2
abuse [or], neglect, OR SEX TRAFFICKING , the local department of social services has 3
reason to believe that an individual who lives in or has a regular presence in a child’s home 4
is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the 5
commission of an offense against a child. 6
[(c)] (D) A report or record concerning child abuse or neglect: 7
(1) may be disclosed on request to: 8
(i) personnel of the Social Services Administration or a local 9
department of social services, law enforcement personnel, and members of 10
multidisciplinary case consultation teams, including an addiction specialist as defined in 11
Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 12
a report of known or suspected child abuse or neglect or providing services to or assessing 13
a child or family that is the subject of the report; 14
(ii) local or State officials responsible for the administration of child 15
protective services, juvenile services, or child care, foster care, or adoption licensing, 16
approval, or regulations, as necessary to carry out their official functions; 17
(iii) the State Council on Child Abuse and Neglect or its designee, the 18
State Citizens Review Board for Children or its designee, or a child fatality review team, 19
as necessary to carry out their official functions; 20
(iv) a person who is the alleged abuser or neglector, if that person is 21
responsible for the child’s welfare and provisions are made for the protection of the identity 22
of the reporter or any other person whose life or safety is likely to be endangered by 23
disclosing the information; 24
(v) a licensed practitioner who, or an agency, institution, or program 25
that, is providing treatment or care to a child who is the subject of a report of child abuse 26
or neglect for a purpose relevant to the treatment or care; 27
(vi) a parent or other person who has permanent or temporary care 28
and custody of the child, if provisions are made for the protection of the identity of the 29
reporter or any other person whose life or safety is likely to be endangered by disclosing the 30
information; 31
(vii) 1. The appropriate public school superintendent or the 32
principal or equivalent employee of a nonpublic school that holds a certificate of approval 33
from the State or is registered with the State Department of Education to carry out 34
appropriate personnel or administrative actions following a report of suspected child abuse 35
involving a student committed by: 36
8 SENATE BILL 768
A. a public school employee in that school system; 1
B. an employee of that nonpublic school; 2
C. an independent contractor who supervises or works 3
directly with students in that school system or that nonpublic school; or 4
D. an employee of an independent contractor, including a bus 5
driver or bus assistant, who supervises or works directly with students in that school 6
system or that nonpublic school; and 7
2. if the report concerns suspected child abuse involving a 8
student committed by an employee, independent contractor, or employee of an independent 9
contractor described in item 1 of this item and employed by a nonpublic school under the 10
jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 11
Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 12
superintendent of schools; 13
(viii) the director of a licensed child care facility or licensed child 14
placement agency to carry out appropriate personnel actions following a report of suspected 15
child abuse or neglect alleged to have been committed by an employee of the facility or 16
agency and involving a child who is currently or was previously under the care of that 17
facility or agency; 18
(ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney 19
General established under Title 6, Subtitle 4 of the State Government Article; 20
(x) subject to subsection [(d)] (E) of this section, a licensed 21
practitioner of a hospital or birthing center to make discharge decisions concerning a child, 22
when the practitioner suspects that the child may be in danger after discharge based on 23
the practitioner’s observation of the behavior of the child’s parents or immediate family 24
members; or 25
(xi) the president of a Maryland public institution of higher 26
education, as defined in § 10–101 of the Education Article, or the Chancellor of the 27
University System of Maryland, to carry out appropriate personnel or administrative 28
actions following a report of child abuse committed: 29
1. by an employee of the institution who has on–campus 30
contact with children; or 31
2. by a contractor, an employee of a contractor, or a volunteer 32
of the institution who has on–campus contact with children; and 33
(2) may be disclosed by the Department of Human Services to the operator 34
of a child care center that is required to be licensed or to hold a letter of compliance under 35
Title 5, Subtitle 5, Part VII of the Family Law Article or to a family child care provider who 36 SENATE BILL 768 9
is required to be registered under Title 5, Subtitle 5, Part V of the Family Law Article, to 1
determine the suitability of an individual for employment in the child care center or family 2
child care home. 3
[(d)] (E) Only the following information concerning child abuse and neglect may 4
be disclosed to a practitioner of a hospital or birthing center under subsection [(c)(1)(x)] 5
(D)(1)(X) of this section: 6
(1) whether there is a prior finding of indicated child abuse or neglect by 7
either parent; and 8
(2) whether there is an open investigation of child abuse or neglect pending 9
against either parent. 10
[(e)] (F) A person who violates this section is guilty of a misdemeanor and on 11
conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 12
both. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15