WES MOORE, Governor Ch. 702
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Chapter 702
(House Bill 758)
AN ACT concerning
Sexual Assault Evidence Collection Kits – Preservation and Storage
FOR the purpose of altering requirements for the storage and preservation of sexual assault
evidence collection kits; authorizing the Attorney General to direct a certain person
to comply with provisions of this Act; authorizing the Attorney General to apply to a
certain court for an order to show cause under certain circumstances requiring
sexual assault evidence collection kits collected before a certain date to be retained
and transferred in a certain manner; requiring the Maryland Sexual Assault
Evidence Kit Policy and Funding Committee, on or before a certain date, to make a
report on certain recommendations, in consultation with the Consumer Protection
Division of the Office of the Attorney General; and generally relating to the
preservation and storage of sexual assault evidence collection kits.
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 11–926
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Procedure
11–926.
(a) (1) In this section the following words have the meanings indicated.
(2) “Child advocacy center” has the meaning stated in § 13–2201 of the
Health – General Article.
(3) “HEALTH CARE PROVIDER ” MEANS A PERSON WHO I S LICENSED,
CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS
ARTICLE TO PROVIDE HE ALTH CARE IN THE ORD INARY COURSE OF BUSINESS OR
PRACTICE OF A PROFES SION OR IN AN APPROV ED EDUCATION OR TRAI NING
PROGRAM.
(4) (3) “Hospital” has the meaning stated in § 19–301 of the Health –
General Article.
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(4) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING
STATED IN § 11–1007 OF THIS ARTICLE.
(5) (I) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” MEANS
PHYSICAL EVIDENCE CO LLECTED:
1. BY A QUALIFIED HEALTH CARE PROVIDER ;
2. FROM THE BODY OR CLO THING OF A LIVING OR
DECEASED PERSON ;
3. IN RELATION TO FOLLOWING AN ALLEGATION OR
SUSPICION OF SEXUAL ASSAULT; AND
4. FOR THE PURPOSE OF P RESERVING THE PHYSIC AL
EVIDENCE FOR USE IN A CRIMINA L INVESTIGATION .
(II) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” DOES NOT
INCLUDE PHYSICAL EVIDENCE CO LLECTED BEFORE JANUARY 1, 1975 A
SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT.
(b) A QUALIFIED health care provider that performs a sexual assault evidence
collection kit exam on a victim of sexual assault shall provide the victim with:
(1) contact information for the investigating law enforcement agency that
the victim may contact about the status and results of the kit analysis; and
(2) written information describing the laws and policies governing the
testing, preservation, and disposal of a sexual assault evidence collection kit.
(c) An investigating law enforcement agency that receives a sexual assault
evidence collection kit, within 30 days after a request by the victim from whom the evidence
was collected, shall provide the victim with:
(1) information about the status of the kit analysis; and
(2) all available results of the kit analysis except results that would impede
or compromise an ongoing investigation.
(d) (1) A sexual assault evidence collection kit OR A SELF–ADMINISTERED
SEXUAL ASSAULT EVIDEN CE COLLECTION KIT shall be transferred to a law enforcement
agency:
(i) by a hospital or a child advocacy center within 30 days after the
exam is performed; or WES MOORE, Governor Ch. 702
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(ii) by a government agency in possession of a kit, unless the agency
is otherwise required to retain the kit by law or court rule.
(2) Except as provided in paragraph (3) of this subsection, within [20] 75
years after the evidence is collected, a law enforcement agency, HEALTH CARE PROVIDER ,
OR HOSPITAL may not destroy or dispose of:
(i) a sexual assault evidence collection kit; or
(ii) other crime scene evidence relating to a sexual assault that has
been identified by the State’s Attorney as relevant to prosecution.
(3) A law enforcement agency is not required to comply with the
requirements in paragraph (2) of this subsection if:
(i) the case for which the evidence was collected resulted in a
conviction and the sentence has been completed; or
(ii) all suspects identified by testing a sexual assault evidence
collection kit are deceased.
(4) On written request by the victim from whom the evidence was collected,
a law enforcement agency, A HEALTH CARE PROVID ER, OR A HOSPITAL with custody of
a sexual assault evidence collection kit or other crime scene evidence relating to a sexual
assault shall:
(i) notify the victim no later than 60 days before the date of intended
destruction or disposal of the evidence; or
(ii) retain the evidence for 12 months longer than the time period
specified in paragraph (2) of this subsection or for a time period agreed to by the victim and
the law enforcement agency, HEALTH CARE PROVIDER , OR HOSPITAL.
(e) (1) [A] FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE
CUSTODY OF A LAW ENF ORCEMENT AGENCY , THE sexual assault evidence collection kit
shall be submitted to a forensic laboratory for analysis unless:
[(1)] (I) there is clear evidence disproving the allegation of sexual
assault;
[(2)] (II) the facts alleged, if true, could not be interpreted to violate a
provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3
of the Criminal Law Article;
Ch. 702 2023 LAWS OF MARYLAND
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[(3)] (III) the victim from whom the evidence was collected declines to give
consent for analysis; or
[(4)] (IV) the suspect’s profile has been collected for entry as a convicted
offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained
by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense
that led to the sexual assault evidence collection kit.
(2) FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE
CUSTODY OF A PERSON , OTHER THAN AN EMPLOY EE OF A LAW ENFORCEM ENT
AGENCY, THE PERSON:
(I) SHALL STORE THE SEXU AL ASSAULT EVIDENCE
COLLECTION KIT IN A MANNER THAT :
1. REASONABLY PREVENTS UNAUTHORIZED ACCESS TO
OR TAMPERING WITH TH E SEXUAL ASSAULT EVI DENCE COLLECTION KIT ; AND
2. IS NOT LIKELY TO RES ULT IN THE DEGRADATI ON OR
LOSS OF THE SEXUAL A SSAULT EVIDENCE COLL ECTION KIT; OR
(II) TRANSFER THE SEXUAL ASSAULT E VIDENCE COLLECTION
KIT TO:
1. A LAW ENFORCEMENT AG ENCY THAT AGREES TO TAKE
CUSTODY OF THE SEXUA L ASSAULT EVIDENCE C OLLECTION KIT; OR
2. ANOTHER PERSON IN TH E STATE WHO WILL STORE
THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT IN ACCORDANCE WITH ITEM (I)
OF THIS PARAGRAPH .
(f) (1) If a victim of sexual assault wishes to remain anonymous and not file a
criminal complaint, the victim shall be informed that the victim may file a criminal
complaint at a future time.
(2) If a provision of subsection (e) of this section is determined to be
satisfied after the submission of the victim’s sexual assault evidence collection kit for
analysis, testing may be terminated or not initiated.
(g) Except as provided in subsection (e) of this section, an investigating law
enforcement agency that receives a sexual assault evidence collection kit shall:
(1) submit the kit and all requested associated reference standards to a
forensic laboratory for analysis within 30 days of receipt of the kit and all requested
associated reference standards; and WES MOORE, Governor Ch. 702
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(2) make use of certified sexual assault crisis programs or other qualified
community–based sexual assault victim service organizations that can provide services and
support to survivors of sexual assault.
(h) (1) (i) A forensic laboratory that receives a sexual assault evidence
collection kit and all requested associated reference standards for analysis shall determine
suitability and complete screening, testing, and analysis in a timely manner.
(ii) Failure to complete the screening, testing, and analysis in a
timely manner as required in subparagraph (i) of this paragraph may not constitute the
basis for excluding the analysis or results as evidence in a criminal proceeding.
(2) Forensic laboratories shall report annually to the Maryland Sexual
Assault Evidence Kit Policy and Funding Committee regarding the duration required to
complete testing, beginning with receipt of the kit until a report is prepared, of each sexual
assault evidence collection kit.
(i) (1) The eligible results of an analysis of a sexual assault evidence collection
kit shall be entered into CODIS.
(2) The DNA collected from a victim under this section may not be used for
any purpose except as authorized by this section.
(j) IF A PERSON FAILS TO COMPLY WITH A REQUIR EMENT RELATING TO
THE STORAGE OF A SEX UAL ASSAULT EVIDENCE COLLECTION KIT UNDER THIS
SECTION, THE ATTORNEY GENERAL MAY:
(1) DIRECT THE PERSON TO COMPLY WITH THE REQU IREMENT; AND
(2) IF THE PERSON D OES NOT COMPLY , APPLY FOR AN ORDER T O
SHOW CAUSE WHY THE R EQUIREMENT SHOULD NO T BE COMPLIED WITH T O THE
CIRCUIT COURT FOR TH E COUNTY:
(I) IF THE PERSON IS AN INDIVIDUAL, WHERE THE INDIVIDUAL
WORKS OR RESIDES ; OR
(II) IF THE PERSON IS NOT AN INDIVIDUAL, WHERE THE PERSON
OR THE SEXUAL ASSAUL T EVIDENCE COLLECTIO N KIT IS LOCATED.
(K) (j) The Attorney General shall adopt regulations for uniform statewide
implementation of this section.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply to and interpreted to affect physical evidence of sexual assault collected from victims
before and after October 1, 2023.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) A sexual assault evidence collection kit collected before January 1, 2000, and
stored by a hospital or child advocacy center shall be:
(1) retained consistent with the requirements of § 11–926(d) of the
Criminal Procedure Article, as enacted by Section 1 of this Act; and
(2) transferred to a law enforcement agency for testing within 30 days after
being identified as a sexual assault evidence collection kit, or as directed by the Maryland
Sexual Assault Evidence Kit Policy and Funding Committee Office of the Attorney General.
(b) On or before December 1, 2023, the Maryland Sexual Assault Evidence Kit
Policy and Funding Committee shall issue a report to the Governor and, in accordance with
§ 2–1257 of the State Government Article, the General Assembly making recommendations
for:
(1) guidelines for the transfer of sexual assault evidence collection kits
collected before January 1, 2000, to be transferred to law enforcement agencies for testing;
(2) guidance on the use of self–administered sexual assault evidence
collection kits; and
(3) in consultation with the Consumer Protection Division of the Office of
the Attorney General, educating consumers about use of self–administered sexual assault
evidence collection kits, including information regarding the kits’ admissibility in a
criminal prosecution and identifying other resources for victims of sexual assault.
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.