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.
Italics indicate opposite chamber/conference committee amendments.
*hb0297*
HOUSE BILL 297
E3, E2 (3lr1339)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Bartlett, Acevero, Cardin, Crutchfield, Forbes, Griffith,
D. Jones, Lopez, Moon, Pasteur, Phillips, Simmons, Simpson, Taylor,
Williams, and Wilson
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 297
BY repealing and reenacting, without amendments, 1
Article – Courts and Judicial Proceedings 2
Section 3–8A–01(a) and (dd) 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2022 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Courts and Judicial Proceedings 7
Section 3–8A–14 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2022 Supplement) 10
BY adding to 11
Article – Courts and Judicial Proceedings 12
Section 3–8A–17.13 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2022 Supplement) 15
BY adding to 16
Article – Criminal Law 17
Section 1–402 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Criminal Procedure 22
Section 8–302(a) 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2022 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Criminal Procedure 27
Section 8–302(b) 28
Annotated Code of Maryland 29
(2018 Replacement Volume and 2022 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Family Law 32
Section 5–701(a) and (x) 33
Annotated Code of Maryland 34
(2019 Replacement Volume and 2022 Supplement) 35
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
That the Laws of Maryland read as follows: 37
Article – Courts and Judicial Proceedings 38 HOUSE BILL 297 3
3–8A–01. 1
(a) In this subtitle the following words have the meanings indicated, unless the 2
context of their use indicates otherwise. 3
(dd) “Violation” means a violation for which a citation is issued under: 4
(1) § 5–601 of the Criminal Law Article involving the use or possession of 5
cannabis; 6
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 7
(3) § 10–132 of the Criminal Law Article; 8
(4) § 10–136 of the Criminal Law Article; or 9
(5) § 26–103 of the Education Article. 10
3–8A–14. 11
(a) A child may be taken into custody under this subtitle by any of the following 12
methods: 13
(1) Pursuant to an order of the court; 14
(2) By a law enforcement officer pursuant to the law of arrest; 15
(3) By a law enforcement officer or other person authorized by the court if 16
the officer or other person has reasonable grounds to believe that the child is in immediate 17
danger from the child’s surroundings and that the child’s removal is necessary for the 18
child’s protection; 19
(4) By a law enforcement officer or other person authorized by the court if 20
the officer or other person has reasonable grounds to believe that the child has run away 21
from the child’s parents, guardian, or legal custodian; or 22
(5) In accordance with § 3–8A–14.1 of this subtitle. 23
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer 24
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 25
in a manner reasonably calculated to give actual notice of the action. 26
(ii) The notice required under subparagraph (i) of this paragraph 27
shall: 28
1. Include the child’s location; 29 4 HOUSE BILL 297
2. Provide the reason for the child being taken into custody; 1
and 2
3. Instruct the parent, guardian, or custodian on how to 3
make immediate in–person contact with the child. 4
(2) After making every reasonable effort to give actual notice to a child’s 5
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 6
(i) Release the child to the child’s parents, guardian, or custodian or 7
to any other person designated by the court, upon their written promise to bring the child 8
before the court when requested by the court, and such security for the child’s appearance 9
as the court may reasonably require, unless the child’s placement in detention or shelter 10
care is permitted and appears required by § 3–8A–15 of this subtitle; or 11
(ii) Deliver the child to the court or a place of detention or shelter 12
care designated by the court. 13
(c) If a parent, guardian, or custodian fails to bring the child before the court 14
when requested, the court may: 15
(1) Issue a writ of attachment directing that the child be taken into custody 16
and brought before the court; and 17
(2) Proceed against the parent, guardian, or custodian for contempt. 18
(d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE 19
MEANINGS INDICATED . 20
(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 21
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 22
(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 23
OF THE FAMILY LAW ARTICLE. 24
(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 25
STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 26
(2) In addition to the requirements for reporting child abuse and neglect 27
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 28
that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 29
the Family Law Article] OR A VICTIM OF HUMAN TRAFFICKING , the law enforcement 30
officer shall [notify any], AS SOON AS PRACTICAB LE: 31
HOUSE BILL 297 5
(I) NOTIFY AN appropriate regional navigator, as defined in § 1
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 2
custody or where the child is a resident that the child is a suspected victim of sex trafficking 3
OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIO NAL NAVIGATOR 4
CAN COORDINATE A SER VICE RESPONSE ; 5
(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 6
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTIM OF 7
HUMAN TRAFFICKING ; AND 8
(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 9
OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 10
WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 11
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 12
CUSTODIAN. 13
(3) A LAW ENFORCEMENT OFFICER W HO TAKES A CHILD WHO IS A 14
SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN 15
TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 16
DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER § 17
9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 18
CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF 19
THE CRIMINAL LAW ARTICLE. 20
(e) The Supreme Court of Maryland may adopt rules concerning 21
age–appropriate language to be used to advise a child who is taken into custody of the 22
child’s rights. 23
3–8A–17.13. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 27
THE CRIMINAL PROCEDURE ARTICLE. 28
(3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 29
5–704.4 OF THE FAMILY LAW ARTICLE. 30
(4) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 31
FAMILY LAW ARTICLE. 32
(5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STATED IN 33
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 34 6 HOUSE BILL 297
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 1
COMMITTED A QUALIFYI NG OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 2
3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS 3
SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S 4
COUNSEL OR THE STATE’S ATTORNEY, SHALL: 5
(I) MAKE THE DETERMINATIO N REQUIRED UNDER 6
PARAGRAPH (3) OF THIS SUBSECTION ; 7
(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 8
MADE; AND 9
(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 10
THE DEPARTMENT OF HUMAN SERVICES. 11
(2) THE COURT: 12
(I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 13
MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 14
(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 15
HEARING AN ADDITIONA L 15 DAYS. 16
(3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON 17
THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER 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
(4) THE COURT SHALL DISMI SS THE CASE CHARGE FOR ANY 24
QUALIFYING OFFENSE , VIOLATION, OR OFFENSE UNDER § 3–1102 OF THE CRIMINAL 25
LAW ARTICLE IF THE COURT FINDS T HAT THE CHILD: 26
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 27
TRAFFICKING; AND 28
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 29
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 30
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 31 HOUSE BILL 297 7
Article – Criminal Law 1
1–402. 2
(A) (1) IN THIS SECTION TH E FOLLOWING WORDS HA VE THE MEANINGS 3
INDICATED. 4
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 5
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 6
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 7
FAMILY LAW ARTICLE. 8
(4) “VICTIM OF HUMAN TRAFFICKING” HAS THE MEANING STAT ED IN 9
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 10
(5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 11
COURTS ARTICLE. 12
(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 13
AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A 14
QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS 15
ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF 16
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 17
Article – Criminal Procedure 18
8–302. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “Qualifying offense” means: 21
(i) unnatural or perverted sexual practice under § 3–322 of the 22
Criminal Law Article; 23
(ii) possessing or administering a controlled dangerous substance 24
under § 5–601 of the Criminal Law Article; 25
(iii) possessing or purchasing a noncontrolled substance under § 26
5–618 of the Criminal Law Article; 27
(iv) possessing or distributing controlled paraphernalia under § 28
5–620(a)(2) of the Criminal Law Article; 29 8 HOUSE BILL 297
(v) fourth–degree burglary under § 6–205 of the Criminal Law 1
Article; 2
(vi) malicious destruction of property in the lesser degree under § 3
6–301(c) of the Criminal Law Article; 4
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 5
Article; 6
(viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 7
(ix) misdemeanor obtaining property or services by bad check under 8
§ 8–103 of the Criminal Law Article; 9
(x) possession or use of a fraudulent government identification 10
document under § 8–303 of the Criminal Law Article; 11
(xi) public assistance fraud under § 8–503 of the Criminal Law 12
Article; 13
(xii) false statement to a law enforcement officer or public official 14
under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 15
(xiii) disturbing the public peace and disorderly conduct under § 16
10–201 of the Criminal Law Article; 17
(xiv) indecent exposure under § 11–107 of the Criminal Law Article; 18
(xv) prostitution under § 11–303 of the Criminal Law Article; 19
(xvi) driving with a suspended registration under § 13–401(h) of the 20
Transportation Article; 21
(xvii) failure to display registration under § 13–409(b) of the 22
Transportation Article; 23
(xviii) driving without a license under § 16–101 of the Transportation 24
Article; 25
(xix) failure to display license to police under § 16–112(c) of the 26
Transportation Article; 27
(xx) possession of a suspended license under § 16–301(j) of the 28
Transportation Article; 29
HOUSE BILL 297 9
(xxi) driving while privilege is canceled, suspended, refused, or 1
revoked under § 16–303 of the Transportation Article; 2
(xxii) owner failure to maintain security on a vehicle under § 17–104(b) 3
of the Transportation Article; 4
(xxiii) driving while uninsured under § 17–107 of the Transportation 5
Article; [or] 6
(xxiv) prostitution or loitering as prohibited under local law; 7
(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 8
TRANSPORTATION ARTICLE; OR 9
(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTITUTION 10
OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 11
(3) “Victim of human trafficking” means a person who has been subjected 12
to an act of another committed in violation of: 13
(i) Title 3, Subtitle 11 of the Criminal Law Article; or 14
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 15
Code. 16
(b) A person convicted of a qualifying offense may file a motion to vacate the 17
judgment if the person’s participation in the offense was a direct result of being a victim of 18
human trafficking. 19
Article – Family Law 20
5–701. 21
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 22
following words have the meanings indicated. 23
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 24
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2023. 27