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.
*hb0758*
HOUSE BILL 758
E2 3lr2851
CF SB 789
By: Delegate Bartlett Delegates Bartlett and Cardin
Introduced and read first time: February 8, 2023
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2023
CHAPTER ______
AN ACT concerning 1
Sexual Assault Evidence Collection Kits – Preservation and Storage 2
FOR the purpose of altering requirements for the storage and preservation of sexual assault 3
evidence collection kits; authorizing the Attorney General to direct a certain person 4
to comply with provisions of this Act; authorizing the Attorney General to apply to a 5
certain court for an order to show cause under certain circumstances requiring 6
sexual assault evidence collection kits collected before a certain date to be retained 7
and transferred in a certain manner; requiring the Maryland Sexual Assault 8
Evidence Kit Policy and Funding Committee, on or before a certain date, to make a 9
report on certain recommendations, in consultation with the Consumer Protection 10
Division of the Office of the Attorney General; and generally relating to the 11
preservation and storage of sexual assault evidence collection kits. 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Procedure 14
Section 11–926 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2022 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Procedure 20
11–926. 21 2 HOUSE BILL 758
(a) (1) In this section the following words have the meanings indicated. 1
(2) “Child advocacy center” has the meaning stated in § 13–2201 of the 2
Health – General Article. 3
(3) “HEALTH CARE PROVIDER ” MEANS A PERSON WHO I S LICENSED, 4
CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS 5
ARTICLE TO PROVIDE HE ALTH CARE IN THE ORD INARY COURSE OF BUSI NESS OR 6
PRACTICE OF A PROFES SION OR IN AN APPROVED EDUCATIO N OR TRAINING 7
PROGRAM. 8
(4) (3) “Hospital” has the meaning stated in § 19–301 of the Health – 9
General Article. 10
(4) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING 11
STATED IN § 11–1007 OF THIS ARTICLE. 12
(5) (I) “SEXUAL ASSAULT EVIDENCE COLLECTION KIT” MEANS 13
PHYSICAL EVIDENCE CO LLECTED: 14
1. BY A QUALIFIED HEALTH CARE PROVIDER ; 15
2. FROM THE BODY OR CLO THING OF A LIVING OR 16
DECEASED PERSON ; 17
3. IN RELATION TO FOLLOWING AN ALLEGATION OR 18
SUSPICION OF SEXUAL ASSAULT; AND 19
4. FOR THE PURPOSE OF P RESERVING THE PHYSIC AL 20
EVIDENCE FOR USE IN A CRIMINA L INVESTIGATION . 21
(II) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” DOES NOT 22
INCLUDE PHYSICAL EVIDENCE CO LLECTED BEFORE JANUARY 1, 1975 A 23
SELF–ADMINISTERED SEXUAL ASSAULT EVIDENC E COLLECTION KIT . 24
(b) A QUALIFIED health care provider that performs a sexual assault evidence 25
collection kit exam on a victim of sexual assault shall provide the victim with: 26
(1) contact information for the investigating law enforcement agency that 27
the victim may contact about the status and results of the kit analysis; and 28
(2) written information describing the laws and policies governing the 29
testing, preservation, and disposal of a sexual assault evidence collection kit. 30
HOUSE BILL 758 3
(c) An investigating law enforcement agency that receives a sexual assault 1
evidence collection kit, within 30 days after a request by the victim from whom the evidence 2
was collected, shall provide the victim with: 3
(1) information about the status of the kit analysis; and 4
(2) all available results of the kit analysis except results that would impede 5
or compromise an ongoing investigation. 6
(d) (1) A sexual assault evidence collection kit OR A SELF–ADMINISTERED 7
SEXUAL ASSAULT EVIDE NCE COLLECTION KIT shall be transferred to a law enforcement 8
agency: 9
(i) by a hospital or a child advocacy center within 30 days after the 10
exam is performed; or 11
(ii) by a government agency in possession of a kit, unless the agency 12
is otherwise required to retain the kit by law or court rule. 13
(2) Except as provided in paragraph (3) of this subsection, within [20] 75 14
years after the evidence is collected, a law enforcement agency, HEALTH CARE PROVIDER , 15
OR HOSPITAL may not destroy or dispose of: 16
(i) a sexual assault evidence collection kit; or 17
(ii) other crime scene evidence relating to a sexual assault that has 18
been identified by the State’s Attorney as relevant to prosecution. 19
(3) A law enforcement agency is not required to comply with the 20
requirements in paragraph (2) of this subsection if: 21
(i) the case for which the evidence was collected resulted in a 22
conviction and the sentence has been completed; or 23
(ii) all suspects identified by testing a sexual assault evidence 24
collection kit are deceased. 25
(4) On written request by the victim from whom the evidence was collected, 26
a law enforcement agency, A HEALTH CARE PROVID ER, OR A HOSPITAL with custody of 27
a sexual assault evidence collection kit or other crime scene evidence relating to a sexual 28
assault shall: 29
(i) notify the victim no later than 60 days before the date of intended 30
destruction or disposal of the evidence; or 31
4 HOUSE BILL 758
(ii) retain the evidence for 12 months longer than the time period 1
specified in paragraph (2) of this subsection or for a time period agreed to by the victim and 2
the law enforcement agency, HEALTH CARE PROVIDER , OR HOSPITAL. 3
(e) (1) [A] FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE 4
CUSTODY OF A LAW ENF ORCEMENT AGENCY , THE sexual assault evidence collection kit 5
shall be submitted to a forensic laboratory for analysis unless: 6
[(1)] (I) there is clear evidence disproving the allegation of sexual 7
assault; 8
[(2)] (II) the facts alleged, if true, could not be interpreted to violate a 9
provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 10
of the Criminal Law Article; 11
[(3)] (III) the victim from whom the evidence was collected declines to give 12
consent for analysis; or 13
[(4)] (IV) the suspect’s profile has been collected for entry as a convicted 14
offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained 15
by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense 16
that led to the sexual assault evidence collection kit. 17
(2) FOR A SEXUAL ASSAU LT EVIDENCE COLLECTI ON KIT IN THE 18
CUSTODY OF A PERSON , OTHER THAN AN EMPLOY EE OF A LAW ENFORCEM ENT 19
AGENCY, THE PERSON: 20
(I) SHALL STORE THE SEXU AL ASSAULT EVIDENCE 21
COLLECTION KIT IN A MANNER THAT : 22
1. REASONABLY PREVENTS UNAUTHORIZED ACCESS TO 23
OR TAMPERING WITH THE SEX UAL ASSAULT EVIDENCE COLLECTION KIT ; AND 24
2. IS NOT LIKELY TO RES ULT IN THE DEGRADATI ON OR 25
LOSS OF THE SEXUAL A SSAULT EVIDENCE COLL ECTION KIT; OR 26
(II) TRANSFER THE SEXUAL ASSAULT EVIDENCE COL LECTION 27
KIT TO: 28
1. A LAW ENFORCEMENT AGENCY T HAT AGREES TO TAKE 29
CUSTODY OF THE SEXUA L ASSAULT EVIDENCE C OLLECTION KIT; OR 30
2. ANOTHER PERSON IN TH E STATE WHO WILL STORE 31
THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT IN ACCORDANCE WIT H ITEM (I) 32
OF THIS PARAGRAPH . 33 HOUSE BILL 758 5
(f) (1) If a victim of sexual assault wishes to remain anonymous and not file a 1
criminal complaint, the victim shall be informed that the victim may file a criminal 2
complaint at a future time. 3
(2) If a provision of subsection (e) of this section is determined to be 4
satisfied after the submission of the victim’s sexual assault evidence collection kit for 5
analysis, testing may be terminated or not initiated. 6
(g) Except as provided in subsection (e) of this section, an investigating law 7
enforcement agency that receives a sexual assault evidence collection kit shall: 8
(1) submit the kit and all requested associated reference standards to a 9
forensic laboratory for analysis within 30 days of receipt of the kit and all requested 10
associated reference standards; and 11
(2) make use of certified sexual assault crisis programs or other qualified 12
community–based sexual assault victim service organizations that can provide services and 13
support to survivors of sexual assault. 14
(h) (1) (i) A forensic laboratory that receives a sexual assault evidence 15
collection kit and all requested associated reference standards for analysis shall determine 16
suitability and complete screening, testing, and analysis in a timely manner. 17
(ii) Failure to complete the screening, testing, and analysis in a 18
timely manner as required in subparagraph (i) of this paragraph may not constitute the 19
basis for excluding the analysis or results as evidence in a criminal proceeding. 20
(2) Forensic laboratories shall report annually to the Maryland Sexual 21
Assault Evidence Kit Policy and Funding Committee regarding the duration required to 22
complete testing, beginning with receipt of the kit until a report is prepared, of each sexual 23
assault evidence collection kit. 24
(i) (1) The eligible results of an analysis of a sexual assault evidence collection 25
kit shall be entered into CODIS. 26
(2) The DNA collected from a victim under this section may not be used for 27
any purpose except as authorized by this section. 28
(j) IF A PERSON FAILS TO COMPLY WITH A REQUIR EMENT REL ATING TO 29
THE STORAGE OF A SEX UAL ASSAULT EVIDENCE COLLECTION KIT UNDER THIS 30
SECTION, THE ATTORNEY GENERAL MAY: 31
(1) DIRECT THE PERSON TO COMPLY WITH THE REQU IREMENT; AND 32
6 HOUSE BILL 758
(2) IF THE PERSON DOES N OT COMPLY, APPLY FOR AN ORDER T O 1
SHOW CAUSE WHY THE R EQUIREMENT SHOULD NOT BE COMPLIED WITH TO THE 2
CIRCUIT COURT FOR TH E COUNTY: 3
(I) IF THE PERSON IS AN INDIVIDUAL, WHERE THE INDIVIDUAL 4
WORKS OR RESIDES ; OR 5
(II) IF THE PERSON IS NOT AN INDIVIDUAL, WHERE THE PERSON 6
OR THE SEXUAL ASSAUL T EVIDENCE COLLECTIO N KIT IS LOCATED. 7
(K) (j) The Attorney General shall adopt regulations for uniform statewide 8
implementation of this section. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10
apply to and interpreted to affect physical evidence of sexual assault collected from victims 11
before and after October 1, 2023. 12
SECTION 3. AND BE IT FURTHER ENACTED, That: 13
(a) A sexual assault evidence collection kit collected before January 1, 2000, and 14
stored by a hospital or child advocacy center shall be: 15
(1) retained consistent with the requirements of § 11–926(d) of the 16
Criminal Procedure Article, as enacted by Section 1 of this Act; and 17
(2) transferred to a law enforcement agency for testing within 30 days after 18
being identified as a sexual assault evidence collection kit, or as directed by the Maryland 19
Sexual Assault Evidence Kit Policy and Funding Committee. 20
(b) On or before December 1, 2023, the Maryland Sexual Assault Evidence Kit 21
Policy and Funding Committee shall issue a report to the Governor and, in accordance with 22
§ 2–1257 of the State Government Article, the General Assembly making recommendations 23
for: 24
(1) guidelines for the transfer of sexual assault evidence collection kits 25
collected before January 1, 2000, to be transferred to law enforcement agencies for testing; 26
(2) guidance on the use of self–administered sexual assault evidence 27
collection kits; and 28
(3) in consultation with the Consumer Protection Division of the Office of 29
the Attorney General, educating consumers about use of self–administered sexual assault 30
evidence collection kits, including information regarding the kits’ admissibility in a 31
criminal prosecution and identifying other resources for victims of sexual assault. 32
HOUSE BILL 758 7
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.