MD
Maryland House Bill HB758

Maryland 2023 Regular Session

Maryland House Bill HB758 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 702
21
3-– 1 –
4-Chapter 702
5-(House Bill 758)
62
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+ *hb0758*
810
9-Sexual Assault Evidence Collection Kits – Preservation and Storage
11+HOUSE BILL 758
12+E2 (3lr2851)
13+ENROLLED BILL
14+— Judiciary/Judicial Proceedings —
15+Introduced by Delegate Bartlett Delegates Bartlett and Cardin
1016
11-FOR the purpose of altering requirements for the storage and preservation of sexual assault
12-evidence collection kits; authorizing the Attorney General to direct a certain person
13-to comply with provisions of this Act; authorizing the Attorney General to apply to a
14-certain court for an order to show cause under certain circumstances requiring
15-sexual assault evidence collection kits collected before a certain date to be retained
16-and transferred in a certain manner; requiring the Maryland Sexual Assault
17-Evidence Kit Policy and Funding Committee, on or before a certain date, to make a
18-report on certain recommendations, in consultation with the Consumer Protection
19-Division of the Office of the Attorney General; and generally relating to the
20-preservation and storage of sexual assault evidence collection kits.
17+Read and Examined by Proofreaders:
2118
22-BY repealing and reenacting, with amendments,
23- Article – Criminal Procedure
24-Section 11–926
25- Annotated Code of Maryland
26- (2018 Replacement Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2723
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3025
31-Article – Criminal Procedure
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
3227
33-11–926.
28+______________________________________________
29+Speaker.
3430
35- (a) (1) In this section the following words have the meanings indicated.
31+CHAPTER ______
3632
37- (2) “Child advocacy center” has the meaning stated in § 13–2201 of the
38-Health – General Article.
33+AN ACT concerning 1
3934
40- (3) “HEALTH CARE PROVIDER ” MEANS A PERSON WHO I S LICENSED,
41-CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS
42-ARTICLE TO PROVIDE HE ALTH CARE IN THE ORD INARY COURSE OF BUSINESS OR
43-PRACTICE OF A PROFES SION OR IN AN APPROV ED EDUCATION OR TRAI NING
44-PROGRAM.
35+Sexual Assault Evidence Collection Kits – Preservation and Storage 2
4536
46- (4) (3) “Hospital” has the meaning stated in § 19–301 of the Health –
47-General Article.
48- Ch. 702 2023 LAWS OF MARYLAND
37+FOR the purpose of altering requirements for the storage and preservation of sexual assault 3
38+evidence collection kits; authorizing the Attorney General to direct a certain person 4
39+to comply with provisions of this Act; authorizing the Attorney General to apply to a 5
40+certain court for an order to show cause under certain circumstances requiring 6
41+sexual assault evidence collection kits collected before a certain date to be retained 7
42+and transferred in a certain manner; requiring the Maryland Sexual Assault 8
43+Evidence Kit Policy and Funding Committee, on or before a certain date, to make a 9
44+report on certain recommendations, in consultation with the Consumer Protection 10
45+Division of the Office of the Attorney General; and generally relating to the 11
46+preservation and storage of sexual assault evidence collection kits. 12
4947
50-– 2 –
51- (4) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING
52-STATED IN § 11–1007 OF THIS ARTICLE.
48+BY repealing and reenacting, with amendments, 13
49+ Article – Criminal Procedure 14 2 HOUSE BILL 758
5350
54- (5) (I) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” MEANS
55-PHYSICAL EVIDENCE CO LLECTED:
5651
57- 1. BY A QUALIFIED HEALTH CARE PROVIDER ;
52+Section 11–926 1
53+ Annotated Code of Maryland 2
54+ (2018 Replacement Volume and 2022 Supplement) 3
5855
59- 2. FROM THE BODY OR CLO THING OF A LIVING OR
60-DECEASED PERSON ;
56+ SECTION 1. BE IT ENACTED BY THE GEN ERAL ASSEMBLY OF MARYLAND, 4
57+That the Laws of Maryland read as follows: 5
6158
62- 3. IN RELATION TO FOLLOWING AN ALLEGATION OR
63-SUSPICION OF SEXUAL ASSAULT; AND
59+Article – Criminal Procedure 6
6460
65- 4. FOR THE PURPOSE OF P RESERVING THE PHYSIC AL
66-EVIDENCE FOR USE IN A CRIMINA L INVESTIGATION .
61+11–926. 7
6762
68- (II) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” DOES NOT
69-INCLUDE PHYSICAL EVIDENCE CO LLECTED BEFORE JANUARY 1, 1975 A
70-SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT.
63+ (a) (1) In this section the following words have the meanings indicated. 8
7164
72- (b) A QUALIFIED health care provider that performs a sexual assault evidence
73-collection kit exam on a victim of sexual assault shall provide the victim with:
65+ (2) “Child advocacy center” has the meaning stated in § 13–2201 of the 9
66+Health – General Article. 10
7467
75- (1) contact information for the investigating law enforcement agency that
76-the victim may contact about the status and results of the kit analysis; and
68+ (3) “HEALTH CARE PROVIDER ” MEANS A PERSON WHO I S LICENSED, 11
69+CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS 12
70+ARTICLE TO PROVIDE HE ALTH CARE IN THE ORD INARY COURSE OF BUSI NESS OR 13
71+PRACTICE OF A PROFES SION OR IN AN APPROVED EDUCATIO N OR TRAINING 14
72+PROGRAM. 15
7773
78- (2) written information describing the laws and policies governing the
79-testing, preservation, and disposal of a sexual assault evidence collection kit.
74+ (4) (3) “Hospital” has the meaning stated in § 19–301 of the Health – 16
75+General Article. 17
8076
81- (c) An investigating law enforcement agency that receives a sexual assault
82-evidence collection kit, within 30 days after a request by the victim from whom the evidence
83-was collected, shall provide the victim with:
77+ (4) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING 18
78+STATED IN § 11–1007 OF THIS ARTICLE. 19
8479
85- (1) information about the status of the kit analysis; and
80+ (5) (I) “SEXUAL ASSAULT EVIDENCE COLLECTION KIT” MEANS 20
81+PHYSICAL EVIDENCE CO LLECTED: 21
8682
87- (2) all available results of the kit analysis except results that would impede
88-or compromise an ongoing investigation.
83+ 1. BY A QUALIFIED HEALTH CARE PROVIDER ; 22
8984
90- (d) (1) A sexual assault evidence collection kit OR A SELF–ADMINISTERED
91-SEXUAL ASSAULT EVIDEN CE COLLECTION KIT shall be transferred to a law enforcement
92-agency:
85+ 2. FROM THE BODY OR CLO THING OF A LIVING OR 23
86+DECEASED PERSON ; 24
9387
94- (i) by a hospital or a child advocacy center within 30 days after the
95-exam is performed; or WES MOORE, Governor Ch. 702
88+ 3. IN RELATION TO FOLLOWING AN ALLEGATION OR 25
89+SUSPICION OF SEXUAL ASSAULT; AND 26
9690
97-– 3 –
91+ 4. FOR THE PURPOSE OF P RESERVING THE PHYSIC AL 27
92+EVIDENCE FOR USE IN A CRIMINA L INVESTIGATION . 28
9893
99- (ii) by a government agency in possession of a kit, unless the agency
100-is otherwise required to retain the kit by law or court rule.
94+ (II) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” DOES NOT 29
95+INCLUDE PHYSICAL EVIDENCE CO LLECTED BEFORE JANUARY 1, 1975 A 30
96+SELF–ADMINISTERED SEXUAL ASSAULT EVIDENC E COLLECTION KIT . 31 HOUSE BILL 758 3
10197
102- (2) Except as provided in paragraph (3) of this subsection, within [20] 75
103-years after the evidence is collected, a law enforcement agency, HEALTH CARE PROVIDER ,
104-OR HOSPITAL may not destroy or dispose of:
10598
106- (i) a sexual assault evidence collection kit; or
10799
108- (ii) other crime scene evidence relating to a sexual assault that has
109-been identified by the State’s Attorney as relevant to prosecution.
100+ (b) A QUALIFIED health care provider that performs a sexual assault evidence 1
101+collection kit exam on a victim of sexual assault shall provide the victim with: 2
110102
111- (3) A law enforcement agency is not required to comply with the
112-requirements in paragraph (2) of this subsection if:
103+ (1) contact information for the investigating law enforcement agency that 3
104+the victim may contact about the status and results of the kit analysis; and 4
113105
114- (i) the case for which the evidence was collected resulted in a
115-conviction and the sentence has been completed; or
106+ (2) written information describing the laws and policies governing the 5
107+testing, preservation, and disposal of a sexual assault evidence collection kit. 6
116108
117- (ii) all suspects identified by testing a sexual assault evidence
118-collection kit are deceased.
109+ (c) An investigating law enforcement agency that receives a sexual assault 7
110+evidence collection kit, within 30 days after a request by the victim from whom the evidence 8
111+was collected, shall provide the victim with: 9
119112
120- (4) On written request by the victim from whom the evidence was collected,
121-a law enforcement agency, A HEALTH CARE PROVID ER, OR A HOSPITAL with custody of
122-a sexual assault evidence collection kit or other crime scene evidence relating to a sexual
123-assault shall:
113+ (1) information about the status of the kit analysis; and 10
124114
125- (i) notify the victim no later than 60 days before the date of intended
126-destruction or disposal of the evidence; or
115+ (2) all available results of the kit analysis except results that would impede 11
116+or compromise an ongoing investigation. 12
127117
128- (ii) retain the evidence for 12 months longer than the time period
129-specified in paragraph (2) of this subsection or for a time period agreed to by the victim and
130-the law enforcement agency, HEALTH CARE PROVIDER , OR HOSPITAL.
118+ (d) (1) A sexual assault evidence collection kit OR A SELF–ADMINISTERED 13
119+SEXUAL ASSAULT EVIDE NCE COLLECTION KIT shall be transferred to a law enforcement 14
120+agency: 15
131121
132- (e) (1) [A] FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE
133-CUSTODY OF A LAW ENF ORCEMENT AGENCY , THE sexual assault evidence collection kit
134-shall be submitted to a forensic laboratory for analysis unless:
122+ (i) by a hospital or a child advocacy center within 30 days after the 16
123+exam is performed; or 17
135124
136- [(1)] (I) there is clear evidence disproving the allegation of sexual
137-assault;
125+ (ii) by a government agency in possession of a kit, unless the agency 18
126+is otherwise required to retain the kit by law or court rule. 19
138127
139- [(2)] (II) the facts alleged, if true, could not be interpreted to violate a
140-provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3
141-of the Criminal Law Article;
142- Ch. 702 2023 LAWS OF MARYLAND
128+ (2) Except as provided in paragraph (3) of this subsection, within [20] 75 20
129+years after the evidence is collected, a law enforcement agency, HEALTH CARE PROVIDER , 21
130+OR HOSPITAL may not destroy or dispose of: 22
143131
144-– 4 –
145- [(3)] (III) the victim from whom the evidence was collected declines to give
146-consent for analysis; or
132+ (i) a sexual assault evidence collection kit; or 23
147133
148- [(4)] (IV) the suspect’s profile has been collected for entry as a convicted
149-offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained
150-by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense
151-that led to the sexual assault evidence collection kit.
134+ (ii) other crime scene evidence relating to a sexual assault that has 24
135+been identified by the State’s Attorney as relevant to prosecution. 25
152136
153- (2) FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE
154-CUSTODY OF A PERSON , OTHER THAN AN EMPLOY EE OF A LAW ENFORCEM ENT
155-AGENCY, THE PERSON:
137+ (3) A law enforcement agency is not required to comply with the 26
138+requirements in paragraph (2) of this subsection if: 27
156139
157- (I) SHALL STORE THE SEXU AL ASSAULT EVIDENCE
158-COLLECTION KIT IN A MANNER THAT :
140+ (i) the case for which the evidence was collected resulted in a 28
141+conviction and the sentence has been completed; or 29
159142
160- 1. REASONABLY PREVENTS UNAUTHORIZED ACCESS TO
161-OR TAMPERING WITH TH E SEXUAL ASSAULT EVI DENCE COLLECTION KIT ; AND
143+ (ii) all suspects identified by testing a sexual assault evidence 30
144+collection kit are deceased. 31 4 HOUSE BILL 758
162145
163- 2. IS NOT LIKELY TO RES ULT IN THE DEGRADATI ON OR
164-LOSS OF THE SEXUAL A SSAULT EVIDENCE COLL ECTION KIT; OR
165146
166- (II) TRANSFER THE SEXUAL ASSAULT E VIDENCE COLLECTION
167-KIT TO:
168147
169- 1. A LAW ENFORCEMENT AG ENCY THAT AGREES TO TAKE
170-CUSTODY OF THE SEXUA L ASSAULT EVIDENCE C OLLECTION KIT; OR
148+ (4) On written request by the victim from whom the evidence was collected, 1
149+a law enforcement agency, A HEALTH CARE PROVID ER, OR A HOSPITAL with custody of 2
150+a sexual assault evidence collection kit or other crime scene evidence relating to a sexual 3
151+assault shall: 4
171152
172- 2. ANOTHER PERSON IN TH E STATE WHO WILL STORE
173-THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT IN ACCORDANCE WITH ITEM (I)
174-OF THIS PARAGRAPH .
153+ (i) notify the victim no later than 60 days before the date of intended 5
154+destruction or disposal of the evidence; or 6
175155
176- (f) (1) If a victim of sexual assault wishes to remain anonymous and not file a
177-criminal complaint, the victim shall be informed that the victim may file a criminal
178-complaint at a future time.
156+ (ii) retain the evidence for 12 months longer than the time period 7
157+specified in paragraph (2) of this subsection or for a time period agreed to by the victim and 8
158+the law enforcement agency, HEALTH CARE PROVIDER , OR HOSPITAL. 9
179159
180- (2) If a provision of subsection (e) of this section is determined to be
181-satisfied after the submission of the victim’s sexual assault evidence collection kit for
182-analysis, testing may be terminated or not initiated.
160+ (e) (1) [A] FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE 10
161+CUSTODY OF A LAW ENF ORCEMENT AGENCY , THE sexual assault evidence collection kit 11
162+shall be submitted to a forensic laboratory for analysis unless: 12
183163
184- (g) Except as provided in subsection (e) of this section, an investigating law
185-enforcement agency that receives a sexual assault evidence collection kit shall:
164+ [(1)] (I) there is clear evidence disproving the allegation of sexual 13
165+assault; 14
186166
187- (1) submit the kit and all requested associated reference standards to a
188-forensic laboratory for analysis within 30 days of receipt of the kit and all requested
189-associated reference standards; and WES MOORE, Governor Ch. 702
167+ [(2)] (II) the facts alleged, if true, could not be interpreted to violate a 15
168+provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 16
169+of the Criminal Law Article; 17
190170
191-– 5 –
171+ [(3)] (III) the victim from whom the evidence was collected declines to give 18
172+consent for analysis; or 19
192173
193- (2) make use of certified sexual assault crisis programs or other qualified
194-community–based sexual assault victim service organizations that can provide services and
195-support to survivors of sexual assault.
174+ [(4)] (IV) the suspect’s profile has been collected for entry as a convicted 20
175+offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained 21
176+by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense 22
177+that led to the sexual assault evidence collection kit. 23
196178
197- (h) (1) (i) A forensic laboratory that receives a sexual assault evidence
198-collection kit and all requested associated reference standards for analysis shall determine
199-suitability and complete screening, testing, and analysis in a timely manner.
179+ (2) FOR A SEXUAL ASSAULT EVIDENC E COLLECTION KIT IN THE 24
180+CUSTODY OF A PERSON , OTHER THAN AN EMPLOY EE OF A LAW ENFORCEM ENT 25
181+AGENCY, THE PERSON: 26
200182
201- (ii) Failure to complete the screening, testing, and analysis in a
202-timely manner as required in subparagraph (i) of this paragraph may not constitute the
203-basis for excluding the analysis or results as evidence in a criminal proceeding.
183+ (I) SHALL STORE THE SEXU AL ASSAULT EVIDENCE 27
184+COLLECTION KIT IN A MANNER THAT : 28
204185
205- (2) Forensic laboratories shall report annually to the Maryland Sexual
206-Assault Evidence Kit Policy and Funding Committee regarding the duration required to
207-complete testing, beginning with receipt of the kit until a report is prepared, of each sexual
208-assault evidence collection kit.
186+ 1. REASONABLY PREVENTS UNAUTHORIZED ACCES S TO 29
187+OR TAMPERING WITH TH E SEXUAL ASSAULT EVI DENCE COLLECTION KIT ; AND 30
209188
210- (i) (1) The eligible results of an analysis of a sexual assault evidence collection
211-kit shall be entered into CODIS.
189+ 2. IS NOT LIKELY TO RES ULT IN THE DEGRADATI ON OR 31
190+LOSS OF THE SEXUAL A SSAULT EVIDENCE COLL ECTION KIT; OR 32
191+ HOUSE BILL 758 5
212192
213- (2) The DNA collected from a victim under this section may not be used for
214-any purpose except as authorized by this section.
215193
216- (j) IF A PERSON FAILS TO COMPLY WITH A REQUIR EMENT RELATING TO
217-THE STORAGE OF A SEX UAL ASSAULT EVIDENCE COLLECTION KIT UNDER THIS
218-SECTION, THE ATTORNEY GENERAL MAY:
194+ (II) TRANSFER THE SEXUAL ASSAULT EVIDENCE COL LECTION 1
195+KIT TO: 2
219196
220- (1) DIRECT THE PERSON TO COMPLY WITH THE REQU IREMENT; AND
197+ 1. A LAW ENFORCEMENT AGENC Y THAT AGREES TO TAK E 3
198+CUSTODY OF THE SEXUA L ASSAULT EVIDENCE C OLLECTION KIT; OR 4
221199
222- (2) IF THE PERSON D OES NOT COMPLY , APPLY FOR AN ORDER T O
223-SHOW CAUSE WHY THE R EQUIREMENT SHOULD NO T BE COMPLIED WITH T O THE
224-CIRCUIT COURT FOR TH E COUNTY:
200+ 2. ANOTHER PERSON IN TH E STATE WHO WILL STORE 5
201+THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT IN ACCORDANCE WIT H ITEM (I) 6
202+OF THIS PARAGRAPH . 7
225203
226- (I) IF THE PERSON IS AN INDIVIDUAL, WHERE THE INDIVIDUAL
227-WORKS OR RESIDES ; OR
204+ (f) (1) If a victim of sexual assault wishes to remain anonymous and not file a 8
205+criminal complaint, the victim shall be informed that the victim may file a criminal 9
206+complaint at a future time. 10
228207
229- (II) IF THE PERSON IS NOT AN INDIVIDUAL, WHERE THE PERSON
230-OR THE SEXUAL ASSAUL T EVIDENCE COLLECTIO N KIT IS LOCATED.
208+ (2) If a provision of subsection (e) of this section is determined to be 11
209+satisfied after the submission of the victim’s sexual assault evidence collection kit for 12
210+analysis, testing may be terminated or not initiated. 13
231211
232- (K) (j) The Attorney General shall adopt regulations for uniform statewide
233-implementation of this section.
234- Ch. 702 2023 LAWS OF MARYLAND
212+ (g) Except as provided in subsection (e) of this section, an investigating law 14
213+enforcement agency that receives a sexual assault evidence collection kit shall: 15
235214
236-– 6 –
237- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
238-apply to and interpreted to affect physical evidence of sexual assault collected from victims
239-before and after October 1, 2023.
215+ (1) submit the kit and all requested associated reference standards to a 16
216+forensic laboratory for analysis within 30 days of receipt of the kit and all requested 17
217+associated reference standards; and 18
240218
241- SECTION 3. AND BE IT FURTHER ENACTED, That:
219+ (2) make use of certified sexual assault crisis programs or other qualified 19
220+community–based sexual assault victim service organizations that can provide services and 20
221+support to survivors of sexual assault. 21
242222
243- (a) A sexual assault evidence collection kit collected before January 1, 2000, and
244-stored by a hospital or child advocacy center shall be:
223+ (h) (1) (i) A forensic laboratory that receives a sexual assault evidence 22
224+collection kit and all requested associated reference standards for analysis shall determine 23
225+suitability and complete screening, testing, and analysis in a timely manner. 24
245226
246- (1) retained consistent with the requirements of § 11–926(d) of the
247-Criminal Procedure Article, as enacted by Section 1 of this Act; and
227+ (ii) Failure to complete the screening, testing, and analysis in a 25
228+timely manner as required in subparagraph (i) of this paragraph may not constitute the 26
229+basis for excluding the analysis or results as evidence in a criminal proceeding. 27
248230
249- (2) transferred to a law enforcement agency for testing within 30 days after
250-being identified as a sexual assault evidence collection kit, or as directed by the Maryland
251-Sexual Assault Evidence Kit Policy and Funding Committee Office of the Attorney General.
231+ (2) Forensic laboratories shall report annually to the Maryland Sexual 28
232+Assault Evidence Kit Policy and Funding Committee regarding the duration required to 29
233+complete testing, beginning with receipt of the kit until a report is prepared, of each sexual 30
234+assault evidence collection kit. 31
252235
253- (b) On or before December 1, 2023, the Maryland Sexual Assault Evidence Kit
254-Policy and Funding Committee shall issue a report to the Governor and, in accordance with
255-§ 2–1257 of the State Government Article, the General Assembly making recommendations
256-for:
236+ (i) (1) The eligible results of an analysis of a sexual assault evidence collection 32
237+kit shall be entered into CODIS. 33
238+ 6 HOUSE BILL 758
257239
258- (1) guidelines for the transfer of sexual assault evidence collection kits
259-collected before January 1, 2000, to be transferred to law enforcement agencies for testing;
260240
261- (2) guidance on the use of self–administered sexual assault evidence
262-collection kits; and
241+ (2) The DNA collected from a victim under this section may not be used for 1
242+any purpose except as authorized by this section. 2
263243
264- (3) in consultation with the Consumer Protection Division of the Office of
265-the Attorney General, educating consumers about use of self–administered sexual assault
266-evidence collection kits, including information regarding the kits’ admissibility in a
267-criminal prosecution and identifying other resources for victims of sexual assault.
244+ (j) IF A PERSON FAILS TO COMPLY WITH A REQUIR EMENT RE LATING TO 3
245+THE STORAGE OF A SEX UAL ASSAULT EVIDENCE COLLECTION KIT UNDER THIS 4
246+SECTION, THE ATTORNEY GENERAL MAY: 5
268247
269- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
270-October 1, 2023.
248+ (1) DIRECT THE PERSON TO COMPLY WITH THE REQU IREMENT; AND 6
271249
272-Approved by the Governor, May 16, 2023.
250+ (2) IF THE PERSON DOES N OT COMPLY, APPLY FOR AN ORDER T O 7
251+SHOW CAUSE WHY THE R EQUIREMENT SHOULD NOT B E COMPLIED WITH TO T HE 8
252+CIRCUIT COURT FOR TH E COUNTY: 9
253+
254+ (I) IF THE PERSON IS AN INDIVIDUAL, WHERE THE INDIVIDUAL 10
255+WORKS OR RESIDES ; OR 11
256+
257+ (II) IF THE PERSON IS NOT AN INDIVIDUAL, WHERE THE PERSON 12
258+OR THE SEXUAL ASSAUL T EVIDENCE COLLECTIO N KIT IS LOCATED. 13
259+
260+ (K) (j) The Attorney General shall adopt regulations for uniform statewide 14
261+implementation of this section. 15
262+
263+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 16
264+apply to and interpreted to affect physical evidence of sexual assault collected from victims 17
265+before and after October 1, 2023. 18
266+
267+ SECTION 3. AND BE IT FURTHER ENACTED, That: 19
268+
269+ (a) A sexual assault evidence collection kit collected before January 1, 2000, and 20
270+stored by a hospital or child advocacy center shall be: 21
271+
272+ (1) retained consistent with the requirements of § 11–926(d) of the 22
273+Criminal Procedure Article, as enacted by Section 1 of this Act; and 23
274+
275+ (2) transferred to a law enforcement agency for testing within 30 days after 24
276+being identified as a sexual assault evidence collection kit, or as directed by the Maryland 25
277+Sexual Assault Evidence Kit Policy and Funding Committee Office of the Attorney General. 26
278+
279+ (b) On or before December 1, 2023, the Maryland Sexual Assault Evidence Kit 27
280+Policy and Funding Committee shall issue a report to the Governor and, in accordance with 28
281+§ 2–1257 of the State Government Article, the General Assembly making recommendations 29
282+for: 30
283+
284+ (1) guidelines for the transfer of sexual assault evidence collection kits 31
285+collected before January 1, 2000, to be transferred to law enforcement agencies for testing; 32
286+ HOUSE BILL 758 7
287+
288+
289+ (2) guidance on the use of self–administered sexual assault evidence 1
290+collection kits; and 2
291+
292+ (3) in consultation with the Consumer Protection Division of the Office of 3
293+the Attorney General, educating consumers about use of self–administered sexual assault 4
294+evidence collection kits, including information regarding the kits’ admissibility in a 5
295+criminal prosecution and identifying other resources for victims of sexual assault. 6
296+
297+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
298+October 1, 2023. 8
299+
300+
301+
302+
303+
304+Approved:
305+________________________________________________________________________________
306+ Governor.
307+________________________________________________________________________________
308+ Speaker of the House of Delegates.
309+________________________________________________________________________________
310+ President of the Senate.