Maryland 2023 Regular Session

Maryland House Bill HB1032 Latest Draft

Bill / Engrossed Version Filed 03/17/2023

                             
 
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. 
          *hb1032*  
  
HOUSE BILL 1032 
E2   	3lr1731 
      
By: Delegates Phillips, Bouchat, Cardin, McCaskill, Munoz, Pasteur, Simmons, 
Toles, and White 
Introduced and read first time: February 10, 2023 
Assigned to: Judiciary 
Committee Report: Favorable 
House action: Adopted 
Read second time: March 9, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Criminal Procedure – Protection of Identity of Minor Victim 2 
 
FOR the purpose of requiring, with a certain exception, a party or nonparty making a 3 
certain filing in a criminal or juvenile delinquency case to redact certain identifying 4 
information relating to a minor victim that appears in the filing; authorizing the 5 
Supreme Court of Maryland to adopt rules requiring or authorizing a person making 6 
a redacted filing under this Act to also file an unredacted copy under seal; and 7 
generally relating to protection of victims. 8 
 
BY repealing and reenacting, with amendments, 9 
 Article – Criminal Procedure 10 
Section 11–301 11 
 Annotated Code of Maryland 12 
 (2018 Replacement Volume and 2022 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Criminal Procedure 16 
 
11–301. 17 
 
 (A) On motion of the State or on request of a victim or witness, during a criminal 18 
trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the 19  2 	HOUSE BILL 1032  
 
 
address or telephone number of the victim or witness unless the court determines that good 1 
cause is shown for the release of the information. 2 
 
 (B) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE 3 
MEANINGS INDICATED . 4 
 
 (II) “IDENTIFYING INFORMATI ON” MEANS THE NAME OF , AND 5 
ANY OTHER INFORMATIO N THAT COULD REASONA BLY BE EXPECTED T O IDENTIFY, A 6 
MINOR VICTIM. 7 
 
 (III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR 8 
DELINQUENT ACT WHO W AS A MINOR AT THE TI ME THAT THE CRIME OR DELINQUENT 9 
ACT OCCURRED . 10 
 
 (2) NOTWITHSTANDING ANY O THER LAW, UNLESS THE COURT FIN DS 11 
BY CLEAR AND CONVINC ING EVIDENCE THAT TH ERE IS GOOD CAUSE TO ORDER 12 
OTHERWISE, A PARTY OR NONPARTY MAKING AN ELECTRONIC OR PAP ER COURT 13 
FILING, INCLUDING THE FILING OF A CHARGING DOCUMENT , IN A CRIMINAL O R 14 
JUVENILE DELINQUENCY CASE SHALL REDACT ANY IDE NTIFYING INFORMATION 15 
THAT APPEARS IN THE FILING. 16 
 
 (3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES 17 
REQUIRING OR AUTHORI ZING A PERSON MAKING A REDACTED FILING UN DER 18 
PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNREDACTED C OPY UNDER 19 
SEAL. 20 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 
October 1, 2023. 22 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.