Maryland 2023 Regular Session

Maryland House Bill HB297 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 687
2	1
3		-	– 1 –
4		-	Chapter 687
5		-	(House Bill 297)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[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.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0297
8	10
9		-	Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe
10		-	Harbor and Service Response
	11	+	HOUSE BILL 297
	12	+	E3, E2 (3lr1339)
	13	+	ENROLLED BILL
	14	+	— Judiciary/Judicial Proceedings —
	15	+	Introduced by Delegates Bartlett, Acevero, Cardin, Crutchfield, Forbes, Griffith,
	16	+	D. Jones, Lopez, Moon, Pasteur, Phillips, Simmons, Simpson, Taylor,
	17	+	Williams, and Wilson
11	18
12		-	FOR the purpose of altering procedures that a law enforcement officer and a court are
13		-	required to follow when the law enforcement officer or court has reason to believe
14		-	that a child who has been detained is a victim of sex trafficking or a victim of human
15		-	trafficking; providing that a minor may not be criminally prosecuted or proceeded
16		-	against under certain provisions of law for a certain offense if the minor committed
17		-	the offense as a direct result of being a victim of sex trafficking or being a victim of
18		-	human trafficking; altering the list of offenses for which a person may file a motion
19		-	to vacate judgment if the person’s participation was a result of being a victim of
20		-	human trafficking; and generally relating to victims of child sex trafficking and
21		-	human trafficking.
	19	+	Read and Examined by Proofreaders:
22	20
23		-	BY repealing and reenacting, without amendments,
24		-	Article – Courts and Judicial Proceedings
25		-	Section 3–8A–01(a) and (dd)
26		-	Annotated Code of Maryland
27		-	(2020 Replacement Volume and 2022 Supplement)
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+	_______________________________________________
	24	+	Proofreader.
28	25
29		-	BY repealing and reenacting, with amendments,
30		-	Article – Courts and Judicial Proceedings
31		-	Section 3–8A–14
32		-	Annotated Code of Maryland
33		-	(2020 Replacement Volume and 2022 Supplement)
	26	+	Sealed with the Great Seal and presented to the Governor, for his approval this
34	27
35		-	BY adding to
36		-	Article – Courts and Judicial Proceedings
37		-	Section 3–8A–17.13
38		-	Annotated Code of Maryland
39		-	(2020 Replacement Volume and 2022 Supplement)
	28	+	_______ day of _______________ at ________________________ o’clock, ________M.
40	29
41		-	BY adding to
42		-	Article – Criminal Law
43		-	Section 1–402
44		-	Annotated Code of Maryland
45		-	(2021 Replacement Volume and 2022 Supplement)
	30	+	______________________________________________
	31	+	Speaker.
46	32
47		-	BY repealing and reenacting, with amendments,
48		-	Article – Criminal Procedure
49		-	Section 8–302(a) Ch. 687 2023 LAWS OF MARYLAND
	33	+	CHAPTER ______
50	34
51		-	– 2 –
52		-	Annotated Code of Maryland
53		-	(2018 Replacement Volume and 2022 Supplement)
	35	+	AN ACT concerning 1
54	36
55		-	BY repealing and reenacting, without amendments,
56		-	Article – Criminal Procedure
57		-	Section 8–302(b)
58		-	Annotated Code of Maryland
59		-	(2018 Replacement Volume and 2022 Supplement)
	37	+	Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe 2
	38	+	Harbor and Service Response 3
60	39
61		-	BY repealing and reenacting, without amendments,
62		-	Article – Family Law
63		-	Section 5–701(a) and (x)
64		-	Annotated Code of Maryland
65		-	(2019 Replacement Volume and 2022 Supplement)
	40	+	FOR the purpose of altering procedures that a law enforcement officer and a court are 4
	41	+	required to follow when the law enforcement officer or court has reason to believe 5
	42	+	that a child who has been detained is a victim of sex trafficking or a victim of human 6
	43	+	trafficking; providing that a minor may not be criminally prosecuted or proceeded 7
	44	+	against under certain provisions of law for a certain offense if the minor committed 8
	45	+	the offense as a direct result of being a victim of sex trafficking or being a victim of 9
	46	+	human trafficking; altering the list of offenses for which a person may file a motion 10
	47	+	to vacate judgment if the person’s participation was a result of being a victim of 11
	48	+	human trafficking; and generally relating to victims of child sex trafficking and 12
	49	+	human trafficking. 13 2 HOUSE BILL 297
66	50
67		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
68		-	That the Laws of Maryland read as follows:
69	51
70		-	Article – Courts and Judicial Proceedings
71	52
72		-	3–8A–01.
	53	+	BY repealing and reenacting, without amendments, 1
	54	+	Article – Courts and Judicial Proceedings 2
	55	+	Section 3–8A–01(a) and (dd) 3
	56	+	Annotated Code of Maryland 4
	57	+	(2020 Replacement Volume and 2022 Supplement) 5
73	58
74		-	(a) In this subtitle the following words have the meanings indicated, unless the
75		-	context of their use indicates otherwise.
	59	+	BY repealing and reenacting, with amendments, 6
	60	+	Article – Courts and Judicial Proceedings 7
	61	+	Section 3–8A–14 8
	62	+	Annotated Code of Maryland 9
	63	+	(2020 Replacement Volume and 2022 Supplement) 10
76	64
77		-	(dd) “Violation” means a violation for which a citation is issued under:
	65	+	BY adding to 11
	66	+	Article – Courts and Judicial Proceedings 12
	67	+	Section 3–8A–17.13 13
	68	+	Annotated Code of Maryland 14
	69	+	(2020 Replacement Volume and 2022 Supplement) 15
78	70
79		-	(1) § 5–601 of the Criminal Law Article involving the use or possession of
80		-	cannabis;
	71	+	BY adding to 16
	72	+	Article – Criminal Law 17
	73	+	Section 1–402 18
	74	+	Annotated Code of Maryland 19
	75	+	(2021 Replacement Volume and 2022 Supplement) 20
81	76
82		-	(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
	77	+	BY repealing and reenacting, with amendments, 21
	78	+	Article – Criminal Procedure 22
	79	+	Section 8–302(a) 23
	80	+	Annotated Code of Maryland 24
	81	+	(2018 Replacement Volume and 2022 Supplement) 25
83	82
84		-	(3) § 10–132 of the Criminal Law Article;
	83	+	BY repealing and reenacting, without amendments, 26
	84	+	Article – Criminal Procedure 27
	85	+	Section 8–302(b) 28
	86	+	Annotated Code of Maryland 29
	87	+	(2018 Replacement Volume and 2022 Supplement) 30
85	88
86		-	(4) § 10–136 of the Criminal Law Article; or
	89	+	BY repealing and reenacting, without amendments, 31
	90	+	Article – Family Law 32
	91	+	Section 5–701(a) and (x) 33
	92	+	Annotated Code of Maryland 34
	93	+	(2019 Replacement Volume and 2022 Supplement) 35
87	94
88		-	(5) § 26–103 of the Education Article.
	95	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
	96	+	That the Laws of Maryland read as follows: 37
89	97
90		-	3~~–8A–14.~~
	98	+	Article – Courts and Judicial Proceedings 38 HOUSE BILL 297 3
91	99
92		-	(a) A child may be taken into custody under this subtitle by any of the following
93		-	methods:
94	100
95		-	(1) Pursuant to an order of the court;
96	101
97		-	~~(2) By a law enforcement officer pursuant to the law of arrest; WES MOORE, Governor Ch~~. ~~687~~
	102	+	3–8A–01. 1
98	103
99		-	– 3 –
	104	+	(a) In this subtitle the following words have the meanings indicated, unless the 2
	105	+	context of their use indicates otherwise. 3
100	106
101		-	(3) By a law enforcement officer or other person authorized by the court if
102		-	the officer or other person has reasonable grounds to believe that the child is in immediate
103		-	danger from the child’s surroundings and that the child’s removal is necessary for the
104		-	child’s protection;
	107	+	(dd) “Violation” means a violation for which a citation is issued under: 4
105	108
106		-	(4) By a law enforcement officer or other person authorized by the court if
107		-	the officer or other person has reasonable grounds to believe that the child has run away
108		-	from the child’s parents, guardian, or legal custodian; or
	109	+	(1) § 5–601 of the Criminal Law Article involving the use or possession of 5
	110	+	cannabis; 6
109	111
110		-	(5) ~~In accordance with~~ § 3–8A–~~14.1~~ of ~~this subtitle.~~
	112	+	(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 7
111	113
112		-	(b) (1) (i) If a law enforcement officer takes a child into custody, the officer
113		-	shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian
114		-	in a manner reasonably calculated to give actual notice of the action.
	114	+	(3) § 10–132 of the Criminal Law Article; 8
115	115
116		-	(ii) The notice required under subparagraph (i) of this paragraph
117		-	shall:
	116	+	(4) § 10–136 of the Criminal Law Article; or 9
118	117
119		-	~~1. Include~~ the ~~child’s location;~~
	118	+	(5) § 26–103 of the Education Article. 10
120	119
121		-	2. Provide the reason for the child being taken into custody;
122		-	and
	120	+	3–8A–14. 11
123	121
124		-	~~3. Instruct~~ the ~~parent, guardian,~~ ~~or custodian on how to~~
125		-	~~make immediate in–person contact with the child.~~
	122	+	(a) A child may be taken into custody under this subtitle by any of the following 12
	123	+	methods: 13
126	124
127		-	(2) After making every reasonable effort to give actual notice to a child’s
128		-	parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
	125	+	(1) Pursuant to an order of the court; 14
129	126
130		-	(i) Release the child to the child’s parents, guardian, or custodian or
131		-	to any other person designated by the court, upon their written promise to bring the child
132		-	before the court when requested by the court, and such security for the child’s appearance
133		-	as the court may reasonably require, unless the child’s placement in detention or shelter
134		-	care is permitted and appears required by § 3–8A–15 of this subtitle; or
	127	+	(2) By a law enforcement officer pursuant to the law of arrest; 15
135	128
136		-	(ii) Deliver the child to the court or a place of detention or shelter
137		-	care designated by the court.
	129	+	(3) By a law enforcement officer or other person authorized by the court if 16
	130	+	the officer or other person has reasonable grounds to believe that the child is in immediate 17
	131	+	danger from the child’s surroundings and that the child’s removal is necessary for the 18
	132	+	child’s protection; 19
138	133
139		-	(c) If a parent, guardian, or custodian fails to bring the child before the court
140		-	when requested, the court may:
	134	+	(4) By a law enforcement officer or other person authorized by the court if 20
	135	+	the officer or other person has reasonable grounds to believe that the child has run away 21
	136	+	from the child’s parents, guardian, or legal custodian; or 22
141	137
142		-	(1) Issue a writ of attachment directing that the child be taken into custody
143		-	and brought before the court; and
	138	+	(5) In accordance with § 3–8A–14.1 of this subtitle. 23
144	139
145		-	(2) Proceed against the parent, guardian, or custodian for contempt. Ch. 687 2023 LAWS OF MARYLAND
	140	+	(b) (1) (i) If a law enforcement officer takes a child into custody, the officer 24
	141	+	shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 25
	142	+	in a manner reasonably calculated to give actual notice of the action. 26
146	143
147		-	– 4 –
	144	+	(ii) The notice required under subparagraph (i) of this paragraph 27
	145	+	shall: 28
148	146
149		-	(d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
150		-	MEANINGS INDICATED .
	147	+	1. Include the child’s location; 29 4 HOUSE BILL 297
151	148
152		-	(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN §
153		-	8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
154	149
155		-	(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701
156		-	OF THE FAMILY LAW ARTICLE.
157	150
158		-	~~(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS~~ THE ~~MEANING~~
159		-	~~STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.~~
	151	+	2. Provide the reason for the child being taken into custody; 1
	152	+	and 2
160	153
161		-	(2) In addition to the requirements for reporting child abuse and neglect
162		-	under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe
163		-	that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of
164		-	the Family Law Article] OR A VICTIM OF HUMAN TRAFFICKING , the law enforcement
165		-	officer shall [notify any], AS SOON AS PRACTICAB LE:
	154	+	3. Instruct the parent, guardian, or custodian on how to 3
	155	+	make immediate in–person contact with the child. 4
166	156
167		-	(I) NOTIFY AN appropriate regional navigator, as defined in §
168		-	5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into
169		-	custody or where the child is a resident that the child is a suspected victim of sex trafficking
170		-	OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL N AVIGATOR
171		-	CAN COORDINATE A SER VICE RESPONSE ;
	157	+	(2) After making every reasonable effort to give actual notice to a child’s 5
	158	+	parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 6
172	159
173		-	(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE
174		-	CHILD IS A SUSPECTED VICTIM OF SE X TRAFFICKING OR A S USPECTED VICTIM OF
175		-	HUMAN TRAFFICKING ; AND
	160	+	(i) Release the child to the child’s parents, guardian, or custodian or 7
	161	+	to any other person designated by the court, upon their written promise to bring the child 8
	162	+	before the court when requested by the court, and such security for the child’s appearance 9
	163	+	as the court may reasonably require, unless the child’s placement in detention or shelter 10
	164	+	care is permitted and appears required by § 3–8A–15 of this subtitle; or 11
176	165
177		-	(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN,
178		-	OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D
179		-	WELFARE AGENCY IF TH ERE IS REASON TO BELIEVE THAT THE CHI LD’S SAFETY WILL
180		-	BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR
181		-	CUSTODIAN.
	166	+	(ii) Deliver the child to the court or a place of detention or shelter 12
	167	+	care designated by the court. 13
182	168
183		-	(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A
184		-	SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN
185		-	TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT
186		-	DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER §
187		-	9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE
188		-	CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF
189		-	THE CRIMINAL LAW ARTICLE.
190		-	WES MOORE, Governor Ch. 687
	169	+	(c) If a parent, guardian, or custodian fails to bring the child before the court 14
	170	+	when requested, the court may: 15
191	171
192		-	– 5 –
193		-	(e) The Supreme Court of Maryland may adopt rules concerning
194		-	age–appropriate language to be used to advise a child who is taken into custody of the
195		-	child’s rights.
	172	+	(1) Issue a writ of attachment directing that the child be taken into custody 16
	173	+	and brought before the court; and 17
196	174
197		-	~~3–8A–17.13~~.
	175	+	(2) Proceed against the parent, guardian, or custodian for contempt. 18
198	176
199		-	(A) (1) IN THIS ~~SECTION~~ TH E FOLLOWING WORDS ~~HA VE~~ THE ~~MEANINGS~~
200		-	INDICATED.
	177	+	(d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE 19
	178	+	MEANINGS INDICATED . 20
201	179
202		-	(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § ~~8–302 OF~~
203		-	THE CRIMINAL PROCEDURE ARTICLE.
	180	+	(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 21
	181	+	8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 22
204	182
205		-	(3) “~~REGIONAL NAVIGATOR~~ ” HAS THE MEANING STAT ED IN §
206		-	~~5–704.4~~ OF THE FAMILY LAW ARTICLE.
	183	+	(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 23
	184	+	OF THE FAMILY LAW ARTICLE. 24
207	185
208		-	(4) “~~SEX TRAFFICKING~~” HAS THE MEANING ~~STAT ED IN § 5–701 OF THE~~
209		-	~~FAMILY LAW~~ ARTICLE.
	186	+	(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 25
	187	+	STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 26
210	188
211		-	(5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN
212		-	§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
	189	+	(2) In addition to the requirements for reporting child abuse and neglect 27
	190	+	under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 28
	191	+	that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 29
	192	+	the Family Law Article] OR A VICTIM OF HUMAN TRAFFICKING , the law enforcement 30
	193	+	officer shall [notify any], AS SOON AS PRACTICAB LE: 31
	194	+	HOUSE BILL 297 5
213	195
214		-	(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS
215		-	COMMITTED A QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER §
216		-	3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS
217		-	SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S
218		-	COUNSEL OR THE STATE’S ATTORNEY, SHALL:
219	196
220		-	(I) MAKE THE DETER MINATION REQUIRED UN DER
221		-	PARAGRAPH (3) OF THIS SUBSECTION ;
	197	+	(I) NOTIFY AN appropriate regional navigator, as defined in § 1
	198	+	5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 2
	199	+	custody or where the child is a resident that the child is a suspected victim of sex trafficking 3
	200	+	OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIO NAL NAVIGATOR 4
	201	+	CAN COORDINATE A SER VICE RESPONSE ; 5
222	202
223		-	(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS
224		-	MADE; AND
	203	+	(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 6
	204	+	CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTIM OF 7
	205	+	HUMAN TRAFFICKING ; AND 8
225	206
226		-	(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY
227		-	THE DEPARTMENT OF HUMAN SERVICES.
	207	+	(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 9
	208	+	OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 10
	209	+	WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 11
	210	+	BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 12
	211	+	CUSTODIAN. 13
228	212
229		-	(2) THE COURT:
	213	+	(3) A LAW ENFORCEMENT OFFICER W HO TAKES A CHILD WHO IS A 14
	214	+	SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN 15
	215	+	TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 16
	216	+	DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER § 17
	217	+	9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 18
	218	+	CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF 19
	219	+	THE CRIMINAL LAW ARTICLE. 20
230	220
231		-	(I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A
232		-	MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND
	221	+	(e) The Supreme Court of Maryland may adopt rules concerning 21
	222	+	age–appropriate language to be used to advise a child who is taken into custody of the 22
	223	+	child’s rights. 23
233	224
234		-	(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE
235		-	HEARING AN ADDITIONA L 15 DAYS.
236		-	Ch. 687 2023 LAWS OF MARYLAND
	225	+	3–8A–17.13. 24
237	226
238		-	– 6 –
239		-	(3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON
240		-	THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD :
	227	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
	228	+	INDICATED. 26
241	229
242		-	(I) ~~IS A VICTIM~~ OF ~~SEX TR AFFICKING OR A VICTI M OF HUMAN~~
243		-	~~TRAFFICKING; AND~~
	230	+	(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 27
	231	+	THE CRIMINAL PROCEDURE ARTICLE. 28
244	232
245		-	(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR
246		-	OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT RESULT OF
247		-	BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING.
	233	+	(3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 29
	234	+	5–704.4 OF THE FAMILY LAW ARTICLE. 30
248	235
249		-	(4) THE COURT SHALL DISMI SS THE CASE CHARGE FOR ANY
250		-	QUALIFYING OFFENSE , VIOLATION, OR OFFENSE UNDER § 3–1102 OF THE CRIMINAL
251		-	LAW ARTICLE IF THE COURT FINDS THAT THE CHILD :
	236	+	(4) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 31
	237	+	FAMILY LAW ARTICLE. 32
252	238
253		-	(I) ~~IS A~~ VICTIM ~~OF SEX TR AFFICKING OR A VICTI M~~ OF HUMAN
254		-	~~TRAFFICKING; AND~~
	239	+	(5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STATED IN 33
	240	+	§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 34 6 HOUSE BILL 297
255	241
256		-	(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR
257		-	OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF
258		-	BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING.
259	242
260		-	Article – Criminal Law
261	243
262		-	1–402.
	244	+	(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 1
	245	+	COMMITTED A QUALIFYI NG OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 2
	246	+	3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS 3
	247	+	SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S 4
	248	+	COUNSEL OR THE STATE’S ATTORNEY, SHALL: 5
263	249
264		-	(A) ~~(1) IN THIS SECTION~~ THE ~~FOLLOWING WORDS HAVE THE MEANINGS~~
265		-	~~INDICATED.~~
	250	+	(I) MAKE THE DETERMINATIO N REQUIRED UNDER 6
	251	+	PARAGRAPH (3) OF THIS SUBSECTION ; 7
266	252
267		-	(2) ~~“QUALIFYING OFFENSE ” HAS~~ THE ~~MEANING STAT ED IN §~~
268		-	~~8–302 OF THE CRIMINAL PROCEDURE ARTICLE.~~
	253	+	(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 8
	254	+	MADE; AND 9
269	255
270		-	(3) ~~“SEX TRAFFICKING ” HAS~~ THE ~~MEANING STAT ED IN § 5–701 OF THE~~
271		-	~~FAMILY LAW ARTICLE~~.
	256	+	(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 10
	257	+	THE DEPARTMENT OF HUMAN SERVICES. 11
272	258
273		-	(4) “VICTIM OF HUMAN TRAFFICKING” HAS THE MEANING STAT ED IN
274		-	§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
	259	+	(2) THE COURT: 12
275	260
276		-	(5) ~~“VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE~~
277		-	~~COURTS ARTICLE.~~
	261	+	(I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 13
	262	+	MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 14
278	263
279		-	(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED
280		-	AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A
281		-	QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS WES MOORE, Governor Ch. 687
	264	+	(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 15
	265	+	HEARING AN ADDITIONA L 15 DAYS. 16
282	266
283		-	– 7 –
284		-	ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF
285		-	BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING.
	267	+	(3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON 17
	268	+	THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD : 18
286	269
287		-	Article – Criminal Procedure
	270	+	(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 19
	271	+	TRAFFICKING; AND 20
288	272
289		-	8–302.
	273	+	(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 21
	274	+	OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 22
	275	+	BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 23
290	276
291		-	(a) (1) In this section the following words have the meanings indicated.
	277	+	(4) THE COURT SHALL DISMI SS THE CASE CHARGE FOR ANY 24
	278	+	QUALIFYING OFFENSE , VIOLATION, OR OFFENSE UNDER § 3–1102 OF THE CRIMINAL 25
	279	+	LAW ARTICLE IF THE COURT FINDS T HAT THE CHILD: 26
292	280
293		-	(2) “Qualifying offense” means:
	281	+	(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 27
	282	+	TRAFFICKING; AND 28
294	283
295		-	(i) unnatural or perverted sexual practice under § 3–322 of the
296		-	Criminal Law Article;
	284	+	(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 29
	285	+	OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 30
	286	+	BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 31 HOUSE BILL 297 7
297	287
298		-	(ii) possessing or administering a controlled dangerous substance
299		-	under § 5–601 of the Criminal Law Article;
300	288
301		-	(iii) possessing or purchasing a noncontrolled substance under §
302		-	5–618 of the Criminal Law Article;
303	289
304		-	(iv) possessing or distributing controlled paraphernalia under §
305		-	5–620(a)(2) of the Criminal Law Article;
	290	+	Article – Criminal Law 1
306	291
307		-	(v) fourth–degree burglary under § 6–205 of the Criminal Law
308		-	Article;
	292	+	1–402. 2
309	293
310		-	(vi) ~~malicious destruction of property~~ in the ~~lesser degree under §~~
311		-	~~6–301(c) of the Criminal Law Article;~~
	294	+	(A) (1) IN THIS SECTION TH E FOLLOWING WORDS HA VE THE MEANINGS 3
	295	+	INDICATED. 4
312	296
313		-	(~~vii~~) ~~a trespass~~ offense ~~under Title 6, Subtitle 4 of~~ the ~~Criminal Law~~
314		-	Article;
	297	+	(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 5
	298	+	8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 6
315	299
316		-	(viii) misdemeanor theft under § 7–104 of the Criminal Law Article;
	300	+	(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 7
	301	+	FAMILY LAW ARTICLE. 8
317	302
318		-	(ix) ~~misdemeanor obtaining property or services by bad check under~~
319		-	§ 8–~~103~~ of the Criminal ~~Law~~ Article;
	303	+	(4) “VICTIM OF HUMAN TRAFFICKING” HAS THE MEANING STAT ED IN 9
	304	+	§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 10
320	305
321		-	(x) ~~possession or use~~ of ~~a fraudulent government identification~~
322		-	~~document under § 8–303 of the Criminal Law~~ Article;
	306	+	(5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 11
	307	+	COURTS ARTICLE. 12
323	308
324		-	(xi) public assistance fraud under § 8–503 of the Criminal Law
325		-	Article;
	309	+	(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 13
	310	+	AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A 14
	311	+	QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS 15
	312	+	ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF 16
	313	+	BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 17
326	314
327		-	(xii) false statement to a law enforcement officer or public official
328		-	under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article;
329		-	Ch. 687 2023 LAWS OF MARYLAND
	315	+	Article – Criminal Procedure 18
330	316
331		-	– 8 –
332		-	(xiii) disturbing the public peace and disorderly conduct under §
333		-	10–201 of the Criminal Law Article;
	317	+	8–302. 19
334	318
335		-	(~~xiv~~) ~~indecent exposure under § 11–107 of~~ the ~~Criminal Law Article;~~
	319	+	(a) (1) In this section the following words have the meanings indicated. 20
336	320
337		-	(xv) ~~prostitution under § 11–303 of the Criminal Law Article;~~
	321	+	(2) “Qualifying offense” means: 21
338	322
339		-	(~~xvi~~) ~~driving with a suspended registration~~ under § 13–~~401(h)~~ of the
340		-	~~Transportation~~ Article;
	323	+	(i) unnatural or perverted sexual practice under § 3–322 of the 22
	324	+	Criminal Law Article; 23
341	325
342		-	(~~xvii~~) ~~failure to display registration under § 13–409(b) of the~~
343		-	~~Transportation~~ Article;
	326	+	(ii) possessing or administering a controlled dangerous substance 24
	327	+	under § 5–601 of the Criminal Law Article; 25
344	328
345		-	(~~xviii~~) ~~driving without~~ a ~~license~~ under § ~~16–101 of the Transportation~~
346		-	Article;
	329	+	(iii) possessing or purchasing a noncontrolled substance under § 26
	330	+	5–618 of the Criminal Law Article; 27
347	331
348		-	(~~xix~~) ~~failure to display license to police~~ under § ~~16–112(c) of the~~
349		-	~~Transportation~~ Article;
	332	+	(iv) possessing or distributing controlled paraphernalia under § 28
	333	+	5–620(a)(2) of the Criminal Law Article; 29 8 HOUSE BILL 297
350	334
351		-	(xx) possession of a suspended license under § 16–301(j) of the
352		-	Transportation Article;
353	335
354		-	(xxi) driving while privilege is canceled, suspended, refused, or
355		-	revoked under § 16–303 of the Transportation Article;
356	336
357		-	(~~xxii~~) ~~owner failure to maintain security on a vehicle~~ under § 17–~~104(b)~~
358		-	~~of the Transportation~~ Article;
	337	+	(v) fourth–degree burglary under § 6–205 of the Criminal Law 1
	338	+	Article; 2
359	339
360		-	(~~xxiii~~) ~~driving while uninsured~~ under § ~~17–107 of the Transportation~~
361		-	Article; ~~[or]~~
	340	+	(vi) malicious destruction of property in the lesser degree under § 3
	341	+	6–301(c) of the Criminal Law Article; 4
362	342
363		-	(xxiv) prostitution or loitering as prohibited under local law;
	343	+	(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 5
	344	+	Article; 6
364	345
365		-	(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE
366		-	TRANSPORTATION ARTICLE; OR
	346	+	(viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 7
367	347
368		-	(~~XXVI~~) ~~SOLICITING~~ OR ~~OFFERI NG TO SOLICIT PROSTI TUTION~~
369		-	~~OR ASSIGNATION UNDER~~ § 11–~~306~~ OF THE CRIMINAL LAW ARTICLE.
	348	+	(ix) misdemeanor obtaining property or services by bad check under 8
	349	+	§ 8–103 of the Criminal Law Article; 9
370	350
371		-	(3) ~~“Victim~~ of ~~human trafficking” means~~ a ~~person who has been subjected~~
372		-	~~to an act~~ of ~~another committed in violation of:~~
	351	+	(x) possession or use of a fraudulent government identification 10
	352	+	document under § 8–303 of the Criminal Law Article; 11
373	353
374		-	(i) Title 3, Subtitle 11 of the Criminal Law Article; or
	354	+	(xi) public assistance fraud under § 8–503 of the Criminal Law 12
	355	+	Article; 13
375	356
376		-	(ii) ~~§ 1589,~~ ~~§ 1590,~~ ~~§ 1591,~~ or ~~§ 1594(a) of Title 18 of the United States~~
377		-	~~Code. WES MOORE~~, ~~Governor~~ ~~Ch. 687~~
	357	+	(xii) false statement to a law enforcement officer or public official 14
	358	+	under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 15
378	359
379		-	– 9 –
	360	+	(xiii) disturbing the public peace and disorderly conduct under § 16
	361	+	10–201 of the Criminal Law Article; 17
380	362
381		-	(b) A person convicted of a qualifying offense may file a motion to vacate the
382		-	judgment if the person’s participation in the offense was a direct result of being a victim of
383		-	human trafficking.
	363	+	(xiv) indecent exposure under § 11–107 of the Criminal Law Article; 18
384	364
385		-	~~Article~~ – ~~Family~~ Law
	365	+	(xv) prostitution under § 11–303 of the Criminal Law Article; 19
386	366
387		-	5–701.
	367	+	(xvi) driving with a suspended registration under § 13–401(h) of the 20
	368	+	Transportation Article; 21
388	369
389		-	(a) ~~Except as otherwise provided in~~ § 5–~~705.1~~ of ~~this subtitle, in this subtitle~~ the
390		-	~~following words have the meanings indicated.~~
	370	+	(xvii) failure to display registration under § 13–409(b) of the 22
	371	+	Transportation Article; 23
391	372
392		-	(x) ~~“Sex trafficking”~~ ~~means~~ the ~~recruitment, harboring,~~ ~~transportation, provision,~~
393		-	~~obtaining, patronizing,~~ ~~or soliciting of a child for the purpose of a commercial sex act.~~
	373	+	(xviii) driving without a license under § 16–101 of the Transportation 24
	374	+	Article; 25
394	375
395		-	~~SECTION 2.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That this Act shall take effect~~
396		-	~~October 1,~~ ~~2023.~~
	376	+	(xix) failure to display license to police under § 16–112(c) of the 26
	377	+	Transportation Article; 27
397	378
398		-	Approved by the Governor, May 16, 2023.
	379	+	(xx) possession of a suspended license under § 16–301(j) of the 28
	380	+	Transportation Article; 29
	381	+	HOUSE BILL 297 9
	382	+
	383	+
	384	+	(xxi) driving while privilege is canceled, suspended, refused, or 1
	385	+	revoked under § 16–303 of the Transportation Article; 2
	386	+
	387	+	(xxii) owner failure to maintain security on a vehicle under § 17–104(b) 3
	388	+	of the Transportation Article; 4
	389	+
	390	+	(xxiii) driving while uninsured under § 17–107 of the Transportation 5
	391	+	Article; [or] 6
	392	+
	393	+	(xxiv) prostitution or loitering as prohibited under local law; 7
	394	+
	395	+	(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 8
	396	+	TRANSPORTATION ARTICLE; OR 9
	397	+
	398	+	(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTITUTION 10
	399	+	OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 11
	400	+
	401	+	(3) “Victim of human trafficking” means a person who has been subjected 12
	402	+	to an act of another committed in violation of: 13
	403	+
	404	+	(i) Title 3, Subtitle 11 of the Criminal Law Article; or 14
	405	+
	406	+	(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 15
	407	+	Code. 16
	408	+
	409	+	(b) A person convicted of a qualifying offense may file a motion to vacate the 17
	410	+	judgment if the person’s participation in the offense was a direct result of being a victim of 18
	411	+	human trafficking. 19
	412	+
	413	+	Article – Family Law 20
	414	+
	415	+	5–701. 21
	416	+
	417	+	(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 22
	418	+	following words have the meanings indicated. 23
	419	+
	420	+	(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 24
	421	+	obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 25
	422	+
	423	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
	424	+	October 1, 2023. 27
	425	+