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