EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0768*
SENATE BILL 768
E3, E1, E2 2lr1598
CF HB 833
By: Senators Lee and Watson
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 29, 2022
CHAPTER ______
AN ACT concerning 1
Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe 2
Harbor and Service Response 3
FOR the purpose of altering procedures that a law enforcement officer and a court are is 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 or a victim of human 6
trafficking; providing that a minor may not be criminally prosecuted or proceeded 7
against as a delinquent child for a certain crime or civil offense if the minor 8
committed the crime or civil offense as a direct result of sex trafficking; providing 9
that certain criminal prohibitions do not apply to minors providing that it is an 10
affirmative defense of duress to certain offenses if the defendant who is a minor in a 11
criminal proceeding or a delinquency proceeding against a child if the defendant or 12
child committed the offense as a result of being the victim of another under certain 13
State and federal prohibitions against human trafficking; altering the list of offenses 14
for which a person may file a motion to vacate judgment if the person’s participation 15
was a result of being a victim of human trafficking; and generally relating to victims 16
of child sex trafficking and human trafficking. 17
BY repealing and reenacting, without amendments, 18
Article – Courts and Judicial Proceedings 19
Section 3–8A–01(a) and (dd) 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23 2 SENATE BILL 768
Article – Courts and Judicial Proceedings 1
Section 3–8A–14 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2021 Supplement) 4
BY adding to 5
Article – Courts and Judicial Proceedings 6
Section 3–8A–17.13 7
Annotated Code of Maryland 8
(2020 Replacement Volume and 2021 Supplement) 9
BY adding to 10
Article – Criminal Law 11
Section 1–402 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Criminal Law 16
Section 11–303 and 11–306 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Procedure 21
Section 8–302(a) 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – Criminal Procedure 26
Section 8–302(b) 27
Annotated Code of Maryland 28
(2018 Replacement Volume and 2021 Supplement) 29
BY repealing and reenacting, without amendments, 30
Article – Family Law 31
Section 5–701(a) and (x) 32
Annotated Code of Maryland 33
(2019 Replacement Volume and 2021 Supplement) 34
BY repealing and reenacting, with amendments, 35
Article – Human Services 36
Section 1–202 37
Annotated Code of Maryland 38
(2019 Replacement Volume and 2021 Supplement) 39
SENATE BILL 768 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
3–8A–01. 4
(a) In this subtitle the following words have the meanings indicated, unless the 5
context of their use indicates otherwise. 6
(dd) “Violation” means a violation for which a citation is issued under: 7
(1) § 5–601 of the Criminal Law Article involving the use or possession of 8
less than 10 grams of marijuana; 9
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 10
(3) § 10–132 of the Criminal Law Article; 11
(4) § 10–136 of the Criminal Law Article; or 12
(5) § 26–103 of the Education Article. 13
3–8A–14. 14
(a) A child may be taken into custody under this subtitle by any of the following 15
methods: 16
(1) Pursuant to an order of the court; 17
(2) By a law enforcement officer pursuant to the law of arrest; 18
(3) By a law enforcement officer or other person authorized by the court if 19
the officer or other person has reasonable grounds to believe that the child is in immediate 20
danger from the child’s surroundings and that the child’s removal is necessary for the 21
child’s protection; 22
(4) By a law enforcement officer or other person authorized by the court if 23
the officer or other person has reasonable grounds to believe that the child has run away 24
from the child’s parents, guardian, or legal custodian; or 25
(5) In accordance with § 3–8A–14.1 of this subtitle. 26
(b) If a law enforcement officer takes a child into custody, the officer shall 27
immediately notify, or cause to be notified, the child’s parents, guardian, or custodian of 28
the action. After making every reasonable effort to give notice, the law enforcement officer 29
shall with all reasonable speed: 30 4 SENATE BILL 768
(1) Release the child to the child’s parents, guardian, or custodian or to any 1
other person designated by the court, upon their written promise to bring the child before 2
the court when requested by the court, and such security for the child’s appearance as the 3
court may reasonably require, unless the child’s placement in detention or shelter care is 4
permitted and appears required by § 3–8A–15 of this subtitle; or 5
(2) Deliver the child to the court or a place of detention or shelter care 6
designated by the court. 7
(c) If a parent, guardian, or custodian fails to bring the child before the court 8
when requested, the court may issue a writ of attachment directing that the child be taken 9
into custody and brought before the court. The court may proceed against the parent, 10
guardian, or custodian for contempt. 11
(d) (1) (I) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE 12
MEANINGS INDICATED . 13
(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 14
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 15
(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 16
OF THE FAMILY LAW ARTICLE. 17
(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 18
STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 19
(2) In addition to the requirements for reporting child abuse and neglect 20
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 21
that a child who has been detained is a victim of sex trafficking OR A VICTIM OF HUMAN 22
TRAFFICKING[, as defined in § 5–701 of the Family Law Article], the law enforcement 23
officer shall [notify any], AS SOON AS PRACTICAB LE: 24
(I) NOTIFY AN appropriate regional navigator, as defined in § 25
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 26
custody or where the child is a resident that the child is a suspected victim of sex trafficking 27
OR A SUSPECTED VICTI M OF HUMAN TRAFFICKING SO THE REGIONAL NAVI GATOR 28
CAN COORDINATE A SER VICE RESPONSE ; 29
(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 30
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTI M OF 31
HUMAN TRAFFICKING ; AND 32
(III) RELEASE THE CHILD TO THE CHILD ’S PARENTS, GUARDIAN, 33
OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 34 SENATE BILL 768 5
WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 1
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 2
CUSTODIAN. 3
(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 4
SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTI M OF HUMAN 5
TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 6
DETAIN THE CHILD IN A JUVENILE DETENT ION FACILITY, AS DEFINED UNDER § 7
9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 8
CHILD IS A SUSPECTED VIOLATION OF A QUALI FYING OFFENSE OR AN OFFENSE 9
UNDER TITLE 3, SUBTITLE 11 § 3–1102 OF THE CRIMINAL LAW ARTICLE. 10
3–8A–17.13. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 5–704.4 14
OF THE FAMILY LAW ARTICLE. 15
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 16
FAMILY LAW ARTICLE. 17
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 18
COMMITTED A DELINQUE NT ACT IS FILED WITH THE COURT UNDER THIS SUBTITLE, 19
THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S COUNSEL OR THE 20
STATE’S ATTORNEY, SHALL STAY ALL PROCE EDINGS AND ORDER T HAT THE 21
REGIONAL NAVIGATOR F OR THE RELEVANT JURI SDICTION CONDUCT AN 22
EVALUATION OF THE CH ILD’S STATUS AS A VICTIM OF SEX TRAFFICKING , IF THE 23
COURT FINDS THAT : 24
(I) THERE IS PROBABLE CAU SE TO BELIEVE THAT T HE CHILD 25
HAS COMMITTED THE DE LINQUENT ACT ; AND 26
(II) THERE IS REASON TO BE LIEVE THAT THE CHILD 27
COMMITTED THE ACT AS A DIRECT RESULT OF S EX TRAFFICKING . 28
(2) IF THE REGIONAL NAVIG ATOR FINDS THAT THE CHILD IS A VICTIM 29
OF SEX TRAFFICKING , AND IF THE COURT FIN DS THAT THE CHILD CO MMITTED THE 30
VIOLATION AS A DIRECT RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 31
TRAFFICKING, THE COURT SHALL DISM ISS THE CASE AND TRA NSFER THE CASE TO 32
THE DEPARTMENT OF HUMAN SERVICES. 33
Article – Criminal Law 34 6 SENATE BILL 768
1–402. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 4
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 5
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 6
FAMILY LAW ARTICLE. 7
(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 8
AGAINST AS A DELINQUE NT CHILD UNDER TITLE 3, SUBTITLE 8A OF THE COURTS 9
ARTICLE FOR A QUALIFY ING OFFENSE OR AN OF FENSE UNDER TITLE 3, SUBTITLE 10
11 OF THIS ARTICLE IF T HE MINOR COMMITTED T HE UNDERLYING ACT AS A DIRECT 11
RESULT OF SEX TRAFFI CKING. 12
11–303. 13
(a) [A person] AN ADULT may not knowingly: 14
(1) engage in prostitution or assignation by any means; or 15
(2) occupy a building, structure, or conveyance for prostitution or 16
assignation. 17
(b) A person who violates this section is guilty of a misdemeanor and on conviction 18
is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 19
(c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 20
section, it is an affirmative defense of duress if the defendant committed the act as a result 21
of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 22
prohibition against human trafficking under federal law. 23
(2) A defendant may not assert the affirmative defense provided in 24
paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 25
defendant’s intention to assert the defense at least 10 days prior to trial. 26
(D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 27
SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 28
PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 29
CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 30
11–306. 31
SENATE BILL 768 7
(a) [A person] AN ADULT may not knowingly procure or solicit or offer to procure 1
or solicit prostitution or assignation. 2
(b) A person who violates this section is guilty of a misdemeanor and on conviction 3
is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 4
(c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 5
section, it is an affirmative defense of duress if the defendant committed the act as a result 6
of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 7
prohibition against human trafficking under federal law. 8
(2) A defendant may not assert the affirmative defense provided in 9
paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 10
defendant’s intention to assert the defense at least 10 days prior to trial. 11
(D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 12
SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 13
PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 14
CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 15
(3) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 16
COURTS ARTICLE. 17
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IN A CRIMINAL 18
PROSECUTION AGAINST A MINOR, OR IN A PROCEEDING AGAINST A DELINQUENT 19
CHILD UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE, FOR A QUALIFYING 20
OFFENSE, A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS ARTICLE IT IS AN 21
AFFIRMATIVE DEFENSE OF DURESS IF THE DEF ENDANT OR CHILD COMM ITTED THE 22
ACT AS A RESULT OF BEING THE VICTIM OF ANOTHE R UNDER TITLE 3, SUBTITLE 11 23
OF THIS ARTICLE OR T HE PROHIBITION AGAIN ST HUMAN TRAFFICKING UNDER 24
FEDERAL LAW . 25
(2) A DEFENDANT OR A CHILD IN A DELINQUENCY PRO CEEDING MAY 26
NOT ASSERT THE AFFIR MATIVE DEFENSE PROVI DED IN PARAGRAPH (1) OF THIS 27
SUBSECTION UNLESS TH E DEFENDANT OR CHILD NOTIFIES THE STATE’S ATTORNEY 28
OF THE DEFENDANT ’S OR CHILD’S INTENTION TO ASSER T THE DEFENSE AT LEA ST 10 29
DAYS BEFORE TRIAL . 30
Article – Criminal Procedure 31
8–302. 32
(a) (1) In this section the following words have the meanings indicated. 33
(2) “Qualifying offense” means: 34 8 SENATE BILL 768
(i) unnatural or perverted sexual practice under § 3–322 of the 1
Criminal Law Article; 2
(ii) possessing or administering a controlled dangerous substance 3
under § 5–601 of the Criminal Law Article; 4
(iii) possessing or purchasing a noncontrolled substance under § 5
5–618 of the Criminal Law Article; 6
(iv) possessing or distributing controlled paraphernalia under § 7
5–620(a)(2) of the Criminal Law Article; 8
(v) fourth–degree burglary under § 6–205 of the Criminal Law 9
Article; 10
(vi) malicious destruction of property in the lesser degree under § 11
6–301(c) of the Criminal Law Article; 12
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 13
Article; 14
(viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 15
(ix) misdemeanor obtaining property or services by bad check under 16
§ 8–103 of the Criminal Law Article; 17
(x) possession or use of a fraudulent government identification 18
document under § 8–303 of the Criminal Law Article; 19
(xi) public assistance fraud under § 8–503 of the Criminal Law 20
Article; 21
(xii) false statement to a law enforcement officer or public official 22
under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 23
(xiii) disturbing the public peace and disorderly conduct under § 24
10–201 of the Criminal Law Article; 25
(xiv) indecent exposure under § 11–107 of the Criminal Law Article; 26
(xv) prostitution under § 11–303 of the Criminal Law Article; 27
(xvi) driving with a suspended registration under § 13–401(h) of the 28
Transportation Article; 29
SENATE BILL 768 9
(xvii) failure to display registration under § 13–409(b) of the 1
Transportation Article; 2
(xviii) driving without a license under § 16–101 of the Transportation 3
Article; 4
(xix) failure to display license to police under § 16–112(c) of the 5
Transportation Article; 6
(xx) possession of a suspended license under § 16–301(j) of the 7
Transportation Article; 8
(xxi) driving while privilege is canceled, suspended, refused, or 9
revoked under § 16–303 of the Transportation Article; 10
(xxii) owner failure to maintain security on a vehicle under § 17–104(b) 11
of the Transportation Article; 12
(xxiii) driving while uninsured under § 17–107 of the Transportation 13
Article; [or] 14
(xxiv) prostitution or loitering as prohibited under local law; 15
(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 16
TRANSPORTATION ARTICLE; OR 17
(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 18
OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 19
(3) “Victim of human trafficking” means a person who has been subjected 20
to an act of another committed in violation of: 21
(i) Title 3, Subtitle 11 of the Criminal Law Article; or 22
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 23
Code. 24
(b) A person convicted of a qualifying offense may file a motion to vacate the 25
judgment if the person’s participation in the offense was a direct result of being a victim of 26
human trafficking. 27
Article – Family Law 28
5–701. 29
10 SENATE BILL 768
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 1
following words have the meanings indicated. 2
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 3
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 4
Article – Human Services 5
1–202. 6
(A) IN THIS SECTION, “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 7
5–701 OF THE FAMILY LAW ARTICLE. 8
[(a)] (B) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family 9
Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or 10
record concerning child abuse [or], neglect, OR SEX TRAFFICKING . 11
[(b)] (C) A report or record concerning child abuse [or], neglect, OR SEX 12
TRAFFICKING shall be disclosed: 13
(1) under a court order; 14
(2) under an order of an administrative law judge, if: 15
(i) the request for disclosure concerns a case pending before the 16
Office of Administrative Hearings; and 17
(ii) provisions are made to comply with other State or federal 18
confidentiality laws and to protect the identity of the reporter or other person whose life or 19
safety is likely to be endangered by the disclosure; or 20
(3) to the Division of Parole and Probation in the Department of Public 21
Safety and Correctional Services if, as a result of a report or investigation of suspected child 22
abuse [or], neglect, OR SEX TRAFFICKING , the local department of social services has 23
reason to believe that an individual who lives in or has a regular presence in a child’s home 24
is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the 25
commission of an offense against a child. 26
[(c)] (D) A report or record concerning child abuse or neglect: 27
(1) may be disclosed on request to: 28
(i) personnel of the Social Services Administration or a local 29
department of social services, law enforcement personnel, and members of 30
multidisciplinary case consultation teams, including an addiction specialist as defined in 31
Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 32 SENATE BILL 768 11
a report of known or suspected child abuse or neglect or providing services to or assessing 1
a child or family that is the subject of the report; 2
(ii) local or State officials responsible for the administration of child 3
protective services, juvenile services, or child care, foster care, or adoption licensing, 4
approval, or regulations, as necessary to carry out their official functions; 5
(iii) the State Council on Child Abuse and Neglect or its designee, the 6
State Citizens Review Board for Children or its designee, or a child fatality review team, 7
as necessary to carry out their official functions; 8
(iv) a person who is the alleged abuser or neglector, if that person is 9
responsible for the child’s welfare and provisions are made for the protection of the identity 10
of the reporter or any other person whose life or safety is likely to be endangered by 11
disclosing the information; 12
(v) a licensed practitioner who, or an agency, institution, or program 13
that, is providing treatment or care to a child who is the subject of a report of child abuse 14
or neglect for a purpose relevant to the treatment or care; 15
(vi) a parent or other person who has permanent or temporary care 16
and custody of the child, if provisions are made for the protection of the identity of the 17
reporter or any other person whose life or safety is likely to be endangered by disclosing the 18
information; 19
(vii) 1. The appropriate public school superintendent or the 20
principal or equivalent employee of a nonpublic school that holds a certificate of approval 21
from the State or is registered with the State Department of Education to carry out 22
appropriate personnel or administrative actions following a report of suspected child abuse 23
involving a student committed by: 24
A. a public school employee in that school system; 25
B. an employee of that nonpublic school; 26
C. an independent contractor who supervises or works 27
directly with students in that school system or that nonpublic school; or 28
D. an employee of an independent contractor, including a bus 29
driver or bus assistant, who supervises or works directly with students in that school 30
system or that nonpublic school; and 31
2. if the report concerns suspected child abuse involving a 32
student committed by an employee, independent contractor, or employee of an independent 33
contractor described in item 1 of this item and employed by a nonpublic school under the 34
jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 35 12 SENATE BILL 768
Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 1
superintendent of schools; 2
(viii) the director of a licensed child care facility or licensed child 3
placement agency to carry out appropriate personnel actions following a report of suspected 4
child abuse or neglect alleged to have been committed by an employee of the facility or 5
agency and involving a child who is currently or was previously under the care of that 6
facility or agency; 7
(ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney 8
General established under Title 6, Subtitle 4 of the State Government Article; 9
(x) subject to subsection [(d)] (E) of this section, a licensed 10
practitioner of a hospital or birthing center to make discharge decisions concerning a child, 11
when the practitioner suspects that the child may be in danger after discharge based on 12
the practitioner’s observation of the behavior of the child’s parents or immediate family 13
members; or 14
(xi) the president of a Maryland public institution of higher 15
education, as defined in § 10–101 of the Education Article, or the Chancellor of the 16
University System of Maryland, to carry out appropriate personnel or administrative 17
actions following a report of child abuse committed: 18
1. by an employee of the institution who has on–campus 19
contact with children; or 20
2. by a contractor, an employee of a contractor, or a volunteer 21
of the institution who has on–campus contact with children; and 22
(2) may be disclosed by the Department of Human Services to the operator 23
of a child care center that is required to be licensed or to hold a letter of compliance under 24
Title 5, Subtitle 5, Part VII of the Family Law Article or to a family child care provider who 25
is required to be registered under Title 5, Subtitle 5, Part V of the Family Law Article, to 26
determine the suitability of an individual for employment in the child care center or family 27
child care home. 28
[(d)] (E) Only the following information concerning child abuse and neglect may 29
be disclosed to a practitioner of a hospital or birthing center under subsection [(c)(1)(x)] 30
(D)(1)(X) of this section: 31
(1) whether there is a prior finding of indicated child abuse or neglect by 32
either parent; and 33
(2) whether there is an open investigation of child abuse or neglect pending 34
against either parent. 35
SENATE BILL 768 13
[(e)] (F) A person who violates this section is guilty of a misdemeanor and on 1
conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 2
both. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2022. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.