MD
Maryland Senate Bill SB768

Maryland 2022 Regular Session

Maryland Senate Bill SB768 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 *sb0768*
96
107 SENATE BILL 768
11-E3, E1, E2 2lr1598
8+D4, E2, E3 2lr1598
129 CF HB 833
1310 By: Senators Lee and Watson
1411 Introduced and read first time: February 7, 2022
1512 Assigned to: Judicial Proceedings
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 29, 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
27-FOR the purpose of altering procedures that a law enforcement officer and a court are is 4
21+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 if the minor 8
32-committed the crime or civil offense as a direct result of sex trafficking; providing 9
33-that certain criminal prohibitions do not apply to minors providing that it is an 10
34-affirmative defense of duress to certain offenses if the defendant who is a minor in a 11
35-criminal proceeding or a delinquency proceeding against a child if the defendant or 12
36-child committed the offense as a result of being the victim of another under certain 13
37-State and federal prohibitions against human trafficking; altering the list of offenses 14
38-for which a person may file a motion to vacate judgment if the person’s participation 15
39-was a result of being a victim of human trafficking; and generally relating to victims 16
40-of child sex trafficking and human trafficking. 17
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
4128
42-BY repealing and reenacting, without amendments, 18
43- Article – Courts and Judicial Proceedings 19
44- Section 3–8A–01(a) and (dd) 20
45- Annotated Code of Maryland 21
46- (2020 Replacement Volume and 2021 Supplement) 22
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
4734
48-BY repealing and reenacting, with amendments, 23 2 SENATE BILL 768
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 SENATE BILL 768
4949
5050
51- Article – Courts and Judicial Proceedings 1
52-Section 3–8A–14 2
53- Annotated Code of Maryland 3
54- (2020 Replacement Volume and 2021 Supplement) 4
51+Section 11–303 and 11–306 1
52+ Annotated Code of Maryland 2
53+ (2021 Replacement Volume and 2021 Supplement) 3
5554
56-BY adding to 5
57- Article – Courts and Judicial Proceedings 6
58-Section 3–8A–17.13 7
59- Annotated Code of Maryland 8
60- (2020 Replacement Volume and 2021 Supplement) 9
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
6160
62-BY adding to 10
63- Article – Criminal Law 11
64- Section 1–402 12
65- Annotated Code of Maryland 13
66- (2021 Replacement Volume and 2021 Supplement) 14
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
6766
68-BY repealing and reenacting, with amendments, 15
69- Article – Criminal Law 16
70-Section 11–303 and 11–306 17
71- Annotated Code of Maryland 18
72- (2021 Replacement Volume and 2021 Supplement) 19
67+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
68+That the Laws of Maryland read as follows: 15
7369
74-BY repealing and reenacting, with amendments, 20
75- Article – Criminal Procedure 21
76- Section 8–302(a) 22
77- Annotated Code of Maryland 23
78- (2018 Replacement Volume and 2021 Supplement) 24
70+Article – Courts and Judicial Proceedings 16
7971
80-BY repealing and reenacting, without amendments, 25
81- Article – Criminal Procedure 26
82- Section 8–302(b) 27
83- Annotated Code of Maryland 28
84- (2018 Replacement Volume and 2021 Supplement) 29
72+3–8A–14. 17
8573
86-BY repealing and reenacting, without amendments, 30
87- Article – Family Law 31
88-Section 5–701(a) and (x) 32
89- Annotated Code of Maryland 33
90- (2019 Replacement Volume and 2021 Supplement) 34
74+ (a) A child may be taken into custody under this subtitle by any of the following 18
75+methods: 19
9176
92-BY repealing and reenacting, with amendments, 35
93- Article – Human Services 36
94-Section 1–202 37
95- Annotated Code of Maryland 38
96- (2019 Replacement Volume and 2021 Supplement) 39
97- SENATE BILL 768 3
77+ (1) Pursuant to an order of the court; 20
78+
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 SENATE BILL 768 3
9898
9999
100- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
101-That the Laws of Maryland read as follows: 2
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
102104
103-Article – Courts and Judicial Proceedings 3
105+ (2) Deliver the child to the court or a place of detention or shelter care 5
106+designated by the court. 6
104107
105-3–8A–01. 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- (a) In this subtitle the following words have the meanings indicated, unless the 5
108-context of their use indicates otherwise. 6
113+ (d) (1) (I) IN THIS SECTION THE F OLLOWING WORDS HAVE THE 11
114+MEANINGS INDICATED . 12
109115
110- (dd) “Violation” means a violation for which a citation is issued under: 7
116+ (II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 13
117+8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 14
111118
112- (1) § 5–601 of the Criminal Law Article involving the use or possession of 8
113-less than 10 grams of marijuana; 9
119+ (III) “SEX TRAFFICKING ” HAS THE MEANING STATED IN § 5–701 15
120+OF THE FAMILY LAW ARTICLE. 16
114121
115- (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 10
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
116127
117- (3) § 10–132 of the Criminal Law Article; 11
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
118132
119- (4) § 10–136 of the Criminal Law Article; or 12
133+ (II) REPORT TO THE LOCAL C HILD WELFARE AG ENCY THAT THE 26
134+CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING; AND 27
120135
121- (5) § 26–103 of the Education Article. 13
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 T HE CHILD’S PARENTS, GUARDIAN, OR 31
140+CUSTODIAN. 32
122141
123-3–8A–14. 14
142+ (3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 33
143+SUSPECTED VICTIM OF SEX TRAFFICKING INTO CUSTODY UNDER SUBSEC TION (A)(3) 34
144+OF THIS SECTION MAY NOT DETAIN THE CHILD IN A JUVENILE DETENT ION FACILITY, 35 4 SENATE BILL 768
124145
125- (a) A child may be taken into custody under this subtitle by any of the following 15
126-methods: 16
127146
128- (1) Pursuant to an order of the court; 17
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
129150
130- (2) By a law enforcement officer pursuant to the law of arrest; 18
151+3–8A–17.13. 4
131152
132- (3) By a law enforcement officer or other person authorized by the court if 19
133-the officer or other person has reasonable grounds to believe that the child is in immediate 20
134-danger from the child’s surroundings and that the child’s removal is necessary for the 21
135-child’s protection; 22
153+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
154+INDICATED. 6
136155
137- (4) By a law enforcement officer or other person authorized by the court if 23
138-the officer or other person has reasonable grounds to believe that the child has run away 24
139-from the child’s parents, guardian, or legal custodian; or 25
156+ (2) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 5–704.4 7
157+OF THE FAMILY LAW ARTICLE. 8
140158
141- (5) In accordance with § 3–8A–14.1 of this subtitle. 26
159+ (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 9
160+FAMILY LAW ARTICLE. 10
142161
143- (b) If a law enforcement officer takes a child into custody, the officer shall 27
144-immediately notify, or cause to be notified, the child’s parents, guardian, or custodian of 28
145-the action. After making every reasonable effort to give notice, the law enforcement officer 29
146-shall with all reasonable speed: 30 4 SENATE BILL 768
162+ (B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 11
163+COMMITTED A DELINQUE NT ACT IS FILED WITH TH E COURT UNDER THIS S UBTITLE, 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 NAVIGATOR F OR THE RELEVANT JURI SDICTION CONDUCT AN 15
167+EVALUATION OF THE CHILD’S STATUS AS A VICTIM OF SEX TRAFFICKING , IF THE 16
168+COURT FINDS THAT : 17
169+
170+ (I) THERE IS PROBABLE CAU SE TO BELIEVE THAT T HE CHILD 18
171+HAS COMMITTED THE DE LINQUENT ACT ; AND 19
172+
173+ (II) THERE IS REASON TO BE LIEVE THAT THE CHILD 20
174+COMMITTED THE ACT AS A DIRECT RESULT OF SEX TRAFFI CKING. 21
175+
176+ (2) IF THE REGIONAL NAVIG ATOR FINDS THAT THE CHILD IS A VICTIM 22
177+OF SEX TRAFFICKING , AND IF THE COURT FIN DS THAT THE CHILD CO MMITTED THE 23
178+VIOLATION AS A DIREC T RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 24
179+TRAFFICKING, THE COURT SH ALL DISMISS THE CASE AND TRANSFER THE CAS E TO 25
180+THE DEPARTMENT OF HUMAN SERVICES. 26
181+
182+Article – Criminal Law 27
183+
184+1–402. 28
185+
186+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
187+INDICATED. 30
188+
189+ (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 31
190+8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 32 SENATE BILL 768 5
147191
148192
149193
150- (1) Release the child to the child’s parents, guardian, or custodian or to any 1
151-other person designated by the court, upon their written promise to bring the child before 2
152-the court when requested by the court, and such security for the child’s appearance as the 3
153-court may reasonably require, unless the child’s placement in detention or shelter care is 4
154-permitted and appears required by § 3–8A–15 of this subtitle; or 5
194+ (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 1
195+FAMILY LAW ARTICLE. 2
155196
156- (2) Deliver the child to the court or a place of detention or shelter care 6
157-designated by the court. 7
197+ (B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 3
198+AGAINST AS A DELINQU ENT CHILD UNDER TITLE 3, SUBTITLE 8A OF THE COURTS 4
199+ARTICLE FOR A QUALIFYING OFF ENSE OR AN OFFENSE U NDER TITLE 3, SUBTITLE 5
200+11 OF THIS ARTICLE IF T HE MINOR COMMITTED T HE UNDERLYING ACT AS A DIRECT 6
201+RESULT OF SEX TRAFFI CKING. 7
158202
159- (c) If a parent, guardian, or custodian fails to bring the child before the court 8
160-when requested, the court may issue a writ of attachment directing that the child be taken 9
161-into custody and brought before the court. The court may proceed against the parent, 10
162-guardian, or custodian for contempt. 11
203+11–303. 8
163204
164- (d) (1) (I) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE 12
165-MEANINGS INDICATED . 13
205+ (a) [A person] AN ADULT may not knowingly: 9
166206
167- (II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 14
168-8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 15
207+ (1) engage in prostitution or assignation by any means; or 10
169208
170- (III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 16
171-OF THE FAMILY LAW ARTICLE. 17
209+ (2) occupy a building, structure, or conveyance for prostitution or 11
210+assignation. 12
172211
173- (IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 18
174-STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 19
212+ (b) A person who violates this section is guilty of a misdemeanor and on conviction 13
213+is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 14
175214
176- (2) In addition to the requirements for reporting child abuse and neglect 20
177-under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 21
178-that a child who has been detained is a victim of sex trafficking OR A VICTIM OF HUMAN 22
179-TRAFFICKING[, as defined in § 5–701 of the Family Law Article], the law enforcement 23
180-officer shall [notify any], AS SOON AS PRACTICAB LE: 24
215+ (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 15
216+section, it is an affirmative defense of duress if the defendant committed the act as a result 16
217+of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 17
218+prohibition against human trafficking under federal law. 18
181219
182- (I) NOTIFY AN appropriate regional navigator, as defined in § 25
183-5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 26
184-custody or where the child is a resident that the child is a suspected victim of sex trafficking 27
185-OR A SUSPECTED VICTI M OF HUMAN TRAFFICKING SO THE REGIONAL NAVI GATOR 28
186-CAN COORDINATE A SER VICE RESPONSE ; 29
220+ (2) A defendant may not assert the affirmative defense provided in 19
221+paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 20
222+defendant’s intention to assert the defense at least 10 days prior to trial. 21
187223
188- (II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 30
189-CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTI M OF 31
190-HUMAN TRAFFICKING ; AND 32
224+ (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 22
225+SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 23
226+PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 24
227+CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 25
191228
192- (III) RELEASE THE CHILD TO THE CHILD ’S PARENTS, GUARDIAN, 33
193-OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 34 SENATE BILL 768 5
229+11–306. 26
230+
231+ (a) [A person] AN ADULT may not knowingly procure or solicit or offer to procure 27
232+or solicit prostitution or assignation. 28
233+
234+ (b) A person who violates this section is guilty of a misdemeanor and on conviction 29
235+is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 30
236+
237+ (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 31
238+section, it is an affirmative defense of duress if the defendant committed the act as a result 32 6 SENATE BILL 768
194239
195240
196-WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 1
197-BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 2
198-CUSTODIAN. 3
241+of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 1
242+prohibition against human trafficking under federal law. 2
199243
200- (3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 4
201-SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTI M OF HUMAN 5
202-TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 6
203-DETAIN THE CHILD IN A JUVENILE DETENT ION FACILITY, AS DEFINED UNDER § 7
204-9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 8
205-CHILD IS A SUSPECTED VIOLATION OF A QUALI FYING OFFENSE OR AN OFFENSE 9
206-UNDER TITLE 3, SUBTITLE 11 § 3–1102 OF THE CRIMINAL LAW ARTICLE. 10
244+ (2) A defendant may not assert the affirmative defense provided in 3
245+paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 4
246+defendant’s intention to assert the defense at least 10 days prior to trial. 5
207247
208-3–8A–17.13. 11
248+ (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 6
249+SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 7
250+PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 8
251+CUSTODY IN ACC ORDANCE WITH § 3–8A–14 OF THE COURTS ARTICLE. 9
209252
210- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
211-INDICATED. 13
253+Article – Family Law 10
212254
213- (2) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 5–704.4 14
214-OF THE FAMILY LAW ARTICLE. 15
255+5–701. 11
215256
216- (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 16
217-FAMILY LAW ARTICLE. 17
257+ (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 12
258+following words have the meanings indicated. 13
218259
219- (B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 18
220-COMMITTED A DELINQUE NT ACT IS FILED WITH THE COURT UNDER THIS SUBTITLE, 19
221-THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S COUNSEL OR THE 20
222-STATE’S ATTORNEY, SHALL STAY ALL PROCE EDINGS AND ORDER T HAT THE 21
223-REGIONAL NAVIGATOR F OR THE RELEVANT JURI SDICTION CONDUCT AN 22
224-EVALUATION OF THE CH ILD’S STATUS AS A VICTIM OF SEX TRAFFICKING , IF THE 23
225-COURT FINDS THAT : 24
260+ (x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 14
261+obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 15
226262
227- (I) THERE IS PROBABLE CAU SE TO BELIEVE THAT T HE CHILD 25
228-HAS COMMITTED THE DE LINQUENT ACT ; AND 26
263+Article – Human Services 16
229264
230- (II) THERE IS REASON TO BE LIEVE THAT THE CHILD 27
231-COMMITTED THE ACT AS A DIRECT RESULT OF S EX TRAFFICKING . 28
265+1–202. 17
232266
233- (2) IF THE REGIONAL NAVIG ATOR FINDS THAT THE CHILD IS A VICTIM 29
234-OF SEX TRAFFICKING , AND IF THE COURT FIN DS THAT THE CHILD CO MMITTED THE 30
235-VIOLATION AS A DIRECT RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 31
236-TRAFFICKING, THE COURT SHALL DISM ISS THE CASE AND TRA NSFER THE CASE TO 32
237-THE DEPARTMENT OF HUMAN SERVICES. 33
267+ (A) IN THIS SECTION, “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 18
268+5–701 OF THE FAMILY LAW ARTICLE. 19
238269
239-Article – Criminal Law 34 6 SENATE BILL 768
270+ [(a)] (B) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family 20
271+Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or 21
272+record concerning child abuse [or], neglect, OR SEX TRAFFICKING . 22
273+
274+ [(b)] (C) A report or record concerning child abuse [or], neglect, OR SEX 23
275+TRAFFICKING shall be disclosed: 24
276+
277+ (1) under a court order; 25
278+
279+ (2) under an order of an administrative law judge, if: 26
280+
281+ (i) the request for disclosure concerns a case pending before the 27
282+Office of Administrative Hearings; and 28
283+
284+ (ii) provisions are made to comply with other State or federal 29
285+confidentiality laws and to protect the identity of the reporter or other person whose life or 30
286+safety is likely to be endangered by the disclosure; or 31 SENATE BILL 768 7
240287
241288
242289
243-1–402. 1
290+ (3) to the Division of Parole and Probation in the Department of Public 1
291+Safety and Correctional Services if, as a result of a report or investigation of suspected child 2
292+abuse [or], neglect, OR SEX TRAFFICKING , the local department of social services has 3
293+reason to believe that an individual who lives in or has a regular presence in a child’s home 4
294+is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the 5
295+commission of an offense against a child. 6
244296
245- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
246-INDICATED. 3
297+ [(c)] (D) A report or record concerning child abuse or neglect: 7
247298
248- (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 4
249-8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 5
299+ (1) may be disclosed on request to: 8
250300
251- (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 6
252-FAMILY LAW ARTICLE. 7
301+ (i) personnel of the Social Services Administration or a local 9
302+department of social services, law enforcement personnel, and members of 10
303+multidisciplinary case consultation teams, including an addiction specialist as defined in 11
304+Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 12
305+a report of known or suspected child abuse or neglect or providing services to or assessing 13
306+a child or family that is the subject of the report; 14
253307
254- (B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 8
255-AGAINST AS A DELINQUE NT CHILD UNDER TITLE 3, SUBTITLE 8A OF THE COURTS 9
256-ARTICLE FOR A QUALIFY ING OFFENSE OR AN OF FENSE UNDER TITLE 3, SUBTITLE 10
257-11 OF THIS ARTICLE IF T HE MINOR COMMITTED T HE UNDERLYING ACT AS A DIRECT 11
258-RESULT OF SEX TRAFFI CKING. 12
308+ (ii) local or State officials responsible for the administration of child 15
309+protective services, juvenile services, or child care, foster care, or adoption licensing, 16
310+approval, or regulations, as necessary to carry out their official functions; 17
259311
260-11–303. 13
312+ (iii) the State Council on Child Abuse and Neglect or its designee, the 18
313+State Citizens Review Board for Children or its designee, or a child fatality review team, 19
314+as necessary to carry out their official functions; 20
261315
262- (a) [A person] AN ADULT may not knowingly: 14
316+ (iv) a person who is the alleged abuser or neglector, if that person is 21
317+responsible for the child’s welfare and provisions are made for the protection of the identity 22
318+of the reporter or any other person whose life or safety is likely to be endangered by 23
319+disclosing the information; 24
263320
264- (1) engage in prostitution or assignation by any means; or 15
321+ (v) a licensed practitioner who, or an agency, institution, or program 25
322+that, is providing treatment or care to a child who is the subject of a report of child abuse 26
323+or neglect for a purpose relevant to the treatment or care; 27
265324
266- (2) occupy a building, structure, or conveyance for prostitution or 16
267-assignation. 17
325+ (vi) a parent or other person who has permanent or temporary care 28
326+and custody of the child, if provisions are made for the protection of the identity of the 29
327+reporter or any other person whose life or safety is likely to be endangered by disclosing the 30
328+information; 31
268329
269- (b) A person who violates this section is guilty of a misdemeanor and on conviction 18
270-is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 19
271-
272- (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 20
273-section, it is an affirmative defense of duress if the defendant committed the act as a result 21
274-of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 22
275-prohibition against human trafficking under federal law. 23
276-
277- (2) A defendant may not assert the affirmative defense provided in 24
278-paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 25
279-defendant’s intention to assert the defense at least 10 days prior to trial. 26
280-
281- (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 27
282-SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 28
283-PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 29
284-CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 30
285-
286-11–306. 31
287- SENATE BILL 768 7
330+ (vii) 1. The appropriate public school superintendent or the 32
331+principal or equivalent employee of a nonpublic school that holds a certificate of approval 33
332+from the State or is registered with the State Department of Education to carry out 34
333+appropriate personnel or administrative actions following a report of suspected child abuse 35
334+involving a student committed by: 36
335+ 8 SENATE BILL 768
288336
289337
290- (a) [A person] AN ADULT may not knowingly procure or solicit or offer to procure 1
291-or solicit prostitution or assignation. 2
338+ A. a public school employee in that school system; 1
292339
293- (b) A person who violates this section is guilty of a misdemeanor and on conviction 3
294-is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 4
340+ B. an employee of that nonpublic school; 2
295341
296- (c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 5
297-section, it is an affirmative defense of duress if the defendant committed the act as a result 6
298-of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 7
299-prohibition against human trafficking under federal law. 8
342+ C. an independent contractor who supervises or works 3
343+directly with students in that school system or that nonpublic school; or 4
300344
301- (2) A defendant may not assert the affirmative defense provided in 9
302-paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 10
303-defendant’s intention to assert the defense at least 10 days prior to trial. 11
345+ D. an employee of an independent contractor, including a bus 5
346+driver or bus assistant, who supervises or works directly with students in that school 6
347+system or that nonpublic school; and 7
304348
305- (D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 12
306-SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 13
307-PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 14
308-CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 15
349+ 2. if the report concerns suspected child abuse involving a 8
350+student committed by an employee, independent contractor, or employee of an independent 9
351+contractor described in item 1 of this item and employed by a nonpublic school under the 10
352+jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 11
353+Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 12
354+superintendent of schools; 13
309355
310- (3) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 16
311-COURTS ARTICLE. 17
356+ (viii) the director of a licensed child care facility or licensed child 14
357+placement agency to carry out appropriate personnel actions following a report of suspected 15
358+child abuse or neglect alleged to have been committed by an employee of the facility or 16
359+agency and involving a child who is currently or was previously under the care of that 17
360+facility or agency; 18
312361
313- (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IN A CRIMINAL 18
314-PROSECUTION AGAINST A MINOR, OR IN A PROCEEDING AGAINST A DELINQUENT 19
315-CHILD UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE, FOR A QUALIFYING 20
316-OFFENSE, A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS ARTICLE IT IS AN 21
317-AFFIRMATIVE DEFENSE OF DURESS IF THE DEF ENDANT OR CHILD COMM ITTED THE 22
318-ACT AS A RESULT OF BEING THE VICTIM OF ANOTHE R UNDER TITLE 3, SUBTITLE 11 23
319-OF THIS ARTICLE OR T HE PROHIBITION AGAIN ST HUMAN TRAFFICKING UNDER 24
320-FEDERAL LAW . 25
362+ (ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney 19
363+General established under Title 6, Subtitle 4 of the State Government Article; 20
321364
322- (2) A DEFENDANT OR A CHILD IN A DELINQUENCY PRO CEEDING MAY 26
323-NOT ASSERT THE AFFIR MATIVE DEFENSE PROVI DED IN PARAGRAPH (1) OF THIS 27
324-SUBSECTION UNLESS TH E DEFENDANT OR CHILD NOTIFIES THE STATE’S ATTORNEY 28
325-OF THE DEFENDANT ’S OR CHILD’S INTENTION TO ASSER T THE DEFENSE AT LEA ST 10 29
326-DAYS BEFORE TRIAL . 30
365+ (x) subject to subsection [(d)] (E) of this section, a licensed 21
366+practitioner of a hospital or birthing center to make discharge decisions concerning a child, 22
367+when the practitioner suspects that the child may be in danger after discharge based on 23
368+the practitioner’s observation of the behavior of the child’s parents or immediate family 24
369+members; or 25
327370
328-Article – Criminal Procedure 31
371+ (xi) the president of a Maryland public institution of higher 26
372+education, as defined in § 10–101 of the Education Article, or the Chancellor of the 27
373+University System of Maryland, to carry out appropriate personnel or administrative 28
374+actions following a report of child abuse committed: 29
329375
330-8–302. 32
376+ 1. by an employee of the institution who has on–campus 30
377+contact with children; or 31
331378
332- (a) (1) In this section the following words have the meanings indicated. 33
379+ 2. by a contractor, an employee of a contractor, or a volunteer 32
380+of the institution who has on–campus contact with children; and 33
333381
334- (2) “Qualifying offense” means: 34 8 SENATE BILL 768
382+ (2) may be disclosed by the Department of Human Services to the operator 34
383+of a child care center that is required to be licensed or to hold a letter of compliance under 35
384+Title 5, Subtitle 5, Part VII of the Family Law Article or to a family child care provider who 36 SENATE BILL 768 9
335385
336386
387+is required to be registered under Title 5, Subtitle 5, Part V of the Family Law Article, to 1
388+determine the suitability of an individual for employment in the child care center or family 2
389+child care home. 3
337390
338- (i) unnatural or perverted sexual practice under § 3–322 of the 1
339-Criminal Law Article; 2
391+ [(d)] (E) Only the following information concerning child abuse and neglect may 4
392+be disclosed to a practitioner of a hospital or birthing center under subsection [(c)(1)(x)] 5
393+(D)(1)(X) of this section: 6
340394
341- (ii) possessing or administering a controlled dangerous substance 3
342-under § 5–601 of the Criminal Law Article; 4
395+ (1) whether there is a prior finding of indicated child abuse or neglect by 7
396+either parent; and 8
343397
344- (iii) possessing or purchasing a noncontrolled substance under § 5
345-5–618 of the Criminal Law Article; 6
398+ (2) whether there is an open investigation of child abuse or neglect pending 9
399+against either parent. 10
346400
347- (iv) possessing or distributing controlled paraphernalia under § 7
348-5–620(a)(2) of the Criminal Law Article; 8
401+ [(e)] (F) A person who violates this section is guilty of a misdemeanor and on 11
402+conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 12
403+both. 13
349404
350- (v) fourth–degree burglary under § 6–205 of the Criminal Law 9
351-Article; 10
405+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
406+October 1, 2022. 15
352407
353- (vi) malicious destruction of property in the lesser degree under § 11
354-6–301(c) of the Criminal Law Article; 12
355-
356- (vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 13
357-Article; 14
358-
359- (viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 15
360-
361- (ix) misdemeanor obtaining property or services by bad check under 16
362-§ 8–103 of the Criminal Law Article; 17
363-
364- (x) possession or use of a fraudulent government identification 18
365-document under § 8–303 of the Criminal Law Article; 19
366-
367- (xi) public assistance fraud under § 8–503 of the Criminal Law 20
368-Article; 21
369-
370- (xii) false statement to a law enforcement officer or public official 22
371-under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 23
372-
373- (xiii) disturbing the public peace and disorderly conduct under § 24
374-10–201 of the Criminal Law Article; 25
375-
376- (xiv) indecent exposure under § 11–107 of the Criminal Law Article; 26
377-
378- (xv) prostitution under § 11–303 of the Criminal Law Article; 27
379-
380- (xvi) driving with a suspended registration under § 13–401(h) of the 28
381-Transportation Article; 29
382- SENATE BILL 768 9
383-
384-
385- (xvii) failure to display registration under § 13–409(b) of the 1
386-Transportation Article; 2
387-
388- (xviii) driving without a license under § 16–101 of the Transportation 3
389-Article; 4
390-
391- (xix) failure to display license to police under § 16–112(c) of the 5
392-Transportation Article; 6
393-
394- (xx) possession of a suspended license under § 16–301(j) of the 7
395-Transportation Article; 8
396-
397- (xxi) driving while privilege is canceled, suspended, refused, or 9
398-revoked under § 16–303 of the Transportation Article; 10
399-
400- (xxii) owner failure to maintain security on a vehicle under § 17–104(b) 11
401-of the Transportation Article; 12
402-
403- (xxiii) driving while uninsured under § 17–107 of the Transportation 13
404-Article; [or] 14
405-
406- (xxiv) prostitution or loitering as prohibited under local law; 15
407-
408- (XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 16
409-TRANSPORTATION ARTICLE; OR 17
410-
411- (XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 18
412-OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 19
413-
414- (3) “Victim of human trafficking” means a person who has been subjected 20
415-to an act of another committed in violation of: 21
416-
417- (i) Title 3, Subtitle 11 of the Criminal Law Article; or 22
418-
419- (ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 23
420-Code. 24
421-
422- (b) A person convicted of a qualifying offense may file a motion to vacate the 25
423-judgment if the person’s participation in the offense was a direct result of being a victim of 26
424-human trafficking. 27
425-
426-Article – Family Law 28
427-
428-5–701. 29
429- 10 SENATE BILL 768
430-
431-
432- (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 1
433-following words have the meanings indicated. 2
434-
435- (x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 3
436-obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 4
437-
438-Article – Human Services 5
439-
440-1–202. 6
441-
442- (A) IN THIS SECTION, “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 7
443-5–701 OF THE FAMILY LAW ARTICLE. 8
444-
445- [(a)] (B) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family 9
446-Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or 10
447-record concerning child abuse [or], neglect, OR SEX TRAFFICKING . 11
448-
449- [(b)] (C) A report or record concerning child abuse [or], neglect, OR SEX 12
450-TRAFFICKING shall be disclosed: 13
451-
452- (1) under a court order; 14
453-
454- (2) under an order of an administrative law judge, if: 15
455-
456- (i) the request for disclosure concerns a case pending before the 16
457-Office of Administrative Hearings; and 17
458-
459- (ii) provisions are made to comply with other State or federal 18
460-confidentiality laws and to protect the identity of the reporter or other person whose life or 19
461-safety is likely to be endangered by the disclosure; or 20
462-
463- (3) to the Division of Parole and Probation in the Department of Public 21
464-Safety and Correctional Services if, as a result of a report or investigation of suspected child 22
465-abuse [or], neglect, OR SEX TRAFFICKING , the local department of social services has 23
466-reason to believe that an individual who lives in or has a regular presence in a child’s home 24
467-is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the 25
468-commission of an offense against a child. 26
469-
470- [(c)] (D) A report or record concerning child abuse or neglect: 27
471-
472- (1) may be disclosed on request to: 28
473-
474- (i) personnel of the Social Services Administration or a local 29
475-department of social services, law enforcement personnel, and members of 30
476-multidisciplinary case consultation teams, including an addiction specialist as defined in 31
477-Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 32 SENATE BILL 768 11
478-
479-
480-a report of known or suspected child abuse or neglect or providing services to or assessing 1
481-a child or family that is the subject of the report; 2
482-
483- (ii) local or State officials responsible for the administration of child 3
484-protective services, juvenile services, or child care, foster care, or adoption licensing, 4
485-approval, or regulations, as necessary to carry out their official functions; 5
486-
487- (iii) the State Council on Child Abuse and Neglect or its designee, the 6
488-State Citizens Review Board for Children or its designee, or a child fatality review team, 7
489-as necessary to carry out their official functions; 8
490-
491- (iv) a person who is the alleged abuser or neglector, if that person is 9
492-responsible for the child’s welfare and provisions are made for the protection of the identity 10
493-of the reporter or any other person whose life or safety is likely to be endangered by 11
494-disclosing the information; 12
495-
496- (v) a licensed practitioner who, or an agency, institution, or program 13
497-that, is providing treatment or care to a child who is the subject of a report of child abuse 14
498-or neglect for a purpose relevant to the treatment or care; 15
499-
500- (vi) a parent or other person who has permanent or temporary care 16
501-and custody of the child, if provisions are made for the protection of the identity of the 17
502-reporter or any other person whose life or safety is likely to be endangered by disclosing the 18
503-information; 19
504-
505- (vii) 1. The appropriate public school superintendent or the 20
506-principal or equivalent employee of a nonpublic school that holds a certificate of approval 21
507-from the State or is registered with the State Department of Education to carry out 22
508-appropriate personnel or administrative actions following a report of suspected child abuse 23
509-involving a student committed by: 24
510-
511- A. a public school employee in that school system; 25
512-
513- B. an employee of that nonpublic school; 26
514-
515- C. an independent contractor who supervises or works 27
516-directly with students in that school system or that nonpublic school; or 28
517-
518- D. an employee of an independent contractor, including a bus 29
519-driver or bus assistant, who supervises or works directly with students in that school 30
520-system or that nonpublic school; and 31
521-
522- 2. if the report concerns suspected child abuse involving a 32
523-student committed by an employee, independent contractor, or employee of an independent 33
524-contractor described in item 1 of this item and employed by a nonpublic school under the 34
525-jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 35 12 SENATE BILL 768
526-
527-
528-Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 1
529-superintendent of schools; 2
530-
531- (viii) the director of a licensed child care facility or licensed child 3
532-placement agency to carry out appropriate personnel actions following a report of suspected 4
533-child abuse or neglect alleged to have been committed by an employee of the facility or 5
534-agency and involving a child who is currently or was previously under the care of that 6
535-facility or agency; 7
536-
537- (ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney 8
538-General established under Title 6, Subtitle 4 of the State Government Article; 9
539-
540- (x) subject to subsection [(d)] (E) of this section, a licensed 10
541-practitioner of a hospital or birthing center to make discharge decisions concerning a child, 11
542-when the practitioner suspects that the child may be in danger after discharge based on 12
543-the practitioner’s observation of the behavior of the child’s parents or immediate family 13
544-members; or 14
545-
546- (xi) the president of a Maryland public institution of higher 15
547-education, as defined in § 10–101 of the Education Article, or the Chancellor of the 16
548-University System of Maryland, to carry out appropriate personnel or administrative 17
549-actions following a report of child abuse committed: 18
550-
551- 1. by an employee of the institution who has on–campus 19
552-contact with children; or 20
553-
554- 2. by a contractor, an employee of a contractor, or a volunteer 21
555-of the institution who has on–campus contact with children; and 22
556-
557- (2) may be disclosed by the Department of Human Services to the operator 23
558-of a child care center that is required to be licensed or to hold a letter of compliance under 24
559-Title 5, Subtitle 5, Part VII of the Family Law Article or to a family child care provider who 25
560-is required to be registered under Title 5, Subtitle 5, Part V of the Family Law Article, to 26
561-determine the suitability of an individual for employment in the child care center or family 27
562-child care home. 28
563-
564- [(d)] (E) Only the following information concerning child abuse and neglect may 29
565-be disclosed to a practitioner of a hospital or birthing center under subsection [(c)(1)(x)] 30
566-(D)(1)(X) of this section: 31
567-
568- (1) whether there is a prior finding of indicated child abuse or neglect by 32
569-either parent; and 33
570-
571- (2) whether there is an open investigation of child abuse or neglect pending 34
572-against either parent. 35
573- SENATE BILL 768 13
574-
575-
576- [(e)] (F) A person who violates this section is guilty of a misdemeanor and on 1
577-conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 2
578-both. 3
579-
580- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
581-October 1, 2022. 5
582-
583-
584-
585-
586-Approved:
587-________________________________________________________________________________
588- Governor.
589-________________________________________________________________________________
590- President of the Senate.
591-________________________________________________________________________________
592- Speaker of the House of Delegates.