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.
*hb0297*
HOUSE BILL 297
D4, E2, E3 3lr1339
HB 833/22 – JUD CF SB 292
By: Delegates Bartlett, Acevero, Cardin, Crutchfield, Forbes, Griffith, D. Jones,
Lopez, Moon, Pasteur, Phillips, Simmons, Simpson, Taylor, Williams, and
Wilson
Introduced and read first time: January 25, 2023
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 22, 2023
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 4
required to follow when the law enforcement officer or 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 under certain provisions of law for a certain offense if the minor committed 8
the offense as a direct result of being a victim of sex trafficking or being a victim of 9
human trafficking; altering the list of offenses for which a person may file a motion 10
to vacate judgment if the person’s participation was a result of being a victim of 11
human trafficking; and generally relating to victims of child sex trafficking and 12
human trafficking. 13
BY repealing and reenacting, without amendments, 14
Article – Courts and Judicial Proceedings 15
Section 3–8A–01(a) and (dd) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Courts and Judicial Proceedings 20
Section 3–8A–14 21 2 HOUSE BILL 297
Annotated Code of Maryland 1
(2020 Replacement Volume and 2022 Supplement) 2
BY adding to 3
Article – Courts and Judicial Proceedings 4
Section 3–8A–17.13 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2022 Supplement) 7
BY adding to 8
Article – Criminal Law 9
Section 1–402 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2022 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Procedure 14
Section 8–302(a) 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2022 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Criminal Procedure 19
Section 8–302(b) 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2022 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – Family Law 24
Section 5–701(a) and (x) 25
Annotated Code of Maryland 26
(2019 Replacement Volume and 2022 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – Courts and Judicial Proceedings 30
3–8A–01. 31
(a) In this subtitle the following words have the meanings indicated, unless the 32
context of their use indicates otherwise. 33
(dd) “Violation” means a violation for which a citation is issued under: 34
(1) § 5–601 of the Criminal Law Article involving the use or possession of 35
cannabis; 36 HOUSE BILL 297 3
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 1
(3) § 10–132 of the Criminal Law Article; 2
(4) § 10–136 of the Criminal Law Article; or 3
(5) § 26–103 of the Education Article. 4
3–8A–14. 5
(a) A child may be taken into custody under this subtitle by any of the following 6
methods: 7
(1) Pursuant to an order of the court; 8
(2) By a law enforcement officer pursuant to the law of arrest; 9
(3) By a law enforcement officer or other person authorized by the court if 10
the officer or other person has reasonable grounds to believe that the child is in immediate 11
danger from the child’s surroundings and that the child’s removal is necessary for the 12
child’s protection; 13
(4) By a law enforcement officer or other person authorized by the court if 14
the officer or other person has reasonable grounds to believe that the child has run away 15
from the child’s parents, guardian, or legal custodian; or 16
(5) In accordance with § 3–8A–14.1 of this subtitle. 17
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer 18
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 19
in a manner reasonably calculated to give actual notice of the action. 20
(ii) The notice required under subparagraph (i) of this paragraph 21
shall: 22
1. Include the child’s location; 23
2. Provide the reason for the child being taken into custody; 24
and 25
3. Instruct the parent, guardian, or custodian on how to 26
make immediate in–person contact with the child. 27
(2) After making every reasonable effort to give actual notice to a child’s 28
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 29
4 HOUSE BILL 297
(i) Release the child to the child’s parents, guardian, or custodian or 1
to any other person designated by the court, upon their written promise to bring the child 2
before the court when requested by the court, and such security for the child’s appearance 3
as the court may reasonably require, unless the child’s placement in detention or shelter 4
care is permitted and appears required by § 3–8A–15 of this subtitle; or 5
(ii) Deliver the child to the court or a place of detention or shelter 6
care 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: 9
(1) Issue a writ of attachment directing that the child be taken into custody 10
and brought before the court; and 11
(2) Proceed against the parent, guardian, or custodian for contempt. 12
(d) (1) (I) IN THIS SUBSECTION THE FOLLOWIN G WORDS HAVE THE 13
MEANINGS INDICATED . 14
(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 15
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 16
(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 17
OF THE FAMILY LAW ARTICLE. 18
(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 19
STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 20
(2) In addition to the requirements for reporting child abuse and neglect 21
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 22
that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 23
the Family Law Article] OR A VICTIM OF HUMAN TRAFFICKING , the law enforcement 24
officer shall [notify any], AS SOON AS PRACTICAB LE: 25
(I) NOTIFY AN appropriate regional navigator, as defined in § 26
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 27
custody or where the child is a resident that the child is a suspected victim of sex trafficking 28
OR A SUSPECTED VICTI M OF HUMAN TRAFFICKING SO THE REGIONAL NAVI GATOR 29
CAN COORDINATE A SER VICE RESPONSE ; 30
(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 31
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTIM OF 32
HUMAN TRAFFICKING ; AND 33
HOUSE BILL 297 5
(III) RELEASE THE CHILD TO THE CHILD ’S PARENTS, GUARDIAN, 1
OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 2
WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 3
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 4
CUSTODIAN. 5
(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 6
SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN 7
TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 8
DETAIN THE CHILD IN A JUVENILE DETENTIO N FACILITY, AS DEFINED UNDER § 9
9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 10
CHILD IS A SUSPECTED COMMISSION OF A QUALIFYING OFFE NSE OR § 3–1102 OF 11
THE CRIMINAL LAW ARTICLE. 12
(e) The Supreme Court of Maryland may adopt rules concer ning 13
age–appropriate language to be used to advise a child who is taken into custody of the 14
child’s rights. 15
3–8A–17.13. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 19
THE CRIMINAL PROCEDURE ARTICLE. 20
(3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 21
5–704.4 OF THE FAMILY LAW ARTICLE. 22
(4) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 23
FAMILY LAW ARTICLE. 24
(5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 25
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 26
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 27
COMMITTED A QUALIFYI NG OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 28
3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE COURT UNDER THIS 29
SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S 30
COUNSEL OR THE STATE’S ATTORNEY, SHALL: 31
(I) MAKE THE DETERMINATIO N REQUIRED UNDER 32
PARAGRAPH (3) OF THIS SUBSECTION ; 33
6 HOUSE BILL 297
(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 1
MADE; AND 2
(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 3
THE DEPARTMENT OF HUMAN SERVICES. 4
(2) THE COURT: 5
(I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 6
MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 7
(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 8
HEARING AN ADDITIONA L 15 DAYS. 9
(3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON 10
THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD : 11
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTIM OF HUMAN 12
TRAFFICKING; AND 13
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 14
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 15
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 16
(4) THE COURT SH ALL DISMISS THE CASE IF THE COURT FINDS T HAT 17
THE CHILD: 18
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 19
TRAFFICKING; AND 20
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 21
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 22
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 23
Article – Criminal Law 24
1–402. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 28
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 29
HOUSE BILL 297 7
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 1
FAMILY LAW ARTICLE. 2
(4) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 3
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 4
(5) “VIOLATION” HAS THE MEANIN G STATED IN § 3–8A–01 OF THE 5
COURTS ARTICLE. 6
(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 7
AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A 8
QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS 9
ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF 10
BEING A VICTIM OF SEX TRAFFICKING OR BEING A VICTIM OF HUMAN TRAFFICKING . 11
Article – Criminal Procedure 12
8–302. 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “Qualifying offense” means: 15
(i) unnatural or perverted sexual practice under § 3–322 of the 16
Criminal Law Article; 17
(ii) possessing or administering a controlled dangerous substance 18
under § 5–601 of the Criminal Law Article; 19
(iii) possessing or purchasing a noncontrolled substance under § 20
5–618 of the Criminal Law Article; 21
(iv) possessing or distributing controlled paraphernalia under § 22
5–620(a)(2) of the Criminal Law Article; 23
(v) fourth–degree burglary under § 6–205 of the Criminal Law 24
Article; 25
(vi) malicious destruction of property in the lesser degree under § 26
6–301(c) of the Criminal Law Article; 27
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 28
Article; 29
(viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 30
8 HOUSE BILL 297
(ix) misdemeanor obtaining property or services by bad check under 1
§ 8–103 of the Criminal Law Article; 2
(x) possession or use of a fraudulent government identification 3
document under § 8–303 of the Criminal Law Article; 4
(xi) public assistance fraud under § 8–503 of the Criminal Law 5
Article; 6
(xii) false statement to a law enforcement officer or public official 7
under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 8
(xiii) disturbing the public peace and disorderly conduct under § 9
10–201 of the Criminal Law Article; 10
(xiv) indecent exposure under § 11–107 of the Criminal Law Article; 11
(xv) prostitution under § 11–303 of the Criminal Law Article; 12
(xvi) driving with a suspended registration under § 13–401(h) of the 13
Transportation Article; 14
(xvii) failure to display registration under § 13–409(b) of the 15
Transportation Article; 16
(xviii) driving without a license under § 16–101 of the Transportation 17
Article; 18
(xix) failure to display license to police under § 16–112(c) of the 19
Transportation Article; 20
(xx) possession of a suspended license under § 16–301(j) of the 21
Transportation Article; 22
(xxi) driving while privilege is canceled, suspended, refused, or 23
revoked under § 16–303 of the Transportation Article; 24
(xxii) owner failure to maintain security on a vehicle under § 17–104(b) 25
of the Transportation Article; 26
(xxiii) driving while uninsured under § 17–107 of the Transportation 27
Article; [or] 28
(xxiv) prostitution or loitering as prohibited under local law; 29
(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 30
TRANSPORTATION ARTICLE; OR 31 HOUSE BILL 297 9
(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 1
OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 2
(3) “Victim of human trafficking” means a person who has been subjected 3
to an act of another committed in violation of: 4
(i) Title 3, Subtitle 11 of the Criminal Law Article; or 5
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 6
Code. 7
(b) A person convicted of a qualifying offense may file a motion to vacate the 8
judgment if the person’s participation in the offense was a direct result of being a victim of 9
human trafficking. 10
Article – Family Law 11
5–701. 12
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 13
following words have the meanings indicated. 14
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 15
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2023. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.