EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0759*
HOUSE BILL 759
E4 3lr3053
CF SB 615
By: Delegate Bartlett
Introduced and read first time: February 8, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Governor’s Office of Crime Prevention, Youth, and Victim Services – Sexual 2
Assault Evidence Collection Kit Reporting Program 3
FOR the purpose of requiring the Governor’s Office of Crime Prevention, Youth, and Victim 4
Services to establish and administer a certain reporting program relating to sexual 5
assault evidence collection kits; requiring a law enforcement agency and a person 6
with control or possession of a sexual assault evidence collection kit to report certain 7
information to the program and comply with certain regulations; clarifying the uses 8
for the Rape Kit Testing Grant Fund; and generally relating to a sexual assault 9
evidence collection kit reporting program. 10
BY adding to 11
Article – Criminal Procedure 12
Section 11–926.1 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 4–401 18
Annotated Code of Maryland 19
(2022 Replacement Volume) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Criminal Procedure 23
11–926.1. 24
2 HOUSE BILL 759
(A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 1
VICTIM SERVICES SHALL ESTABL ISH AND ADMINISTER A REPORTING PROGRAM FO R 2
TRACKING THE L OCATION, STATUS, AND CHAIN OF CUSTODY FOR SEXUAL ASSAULT 3
EVIDENCE COLLECTION KITS. 4
(2) THE REPORTING PROGRAM SHALL: 5
(I) TRACK THE LOCATION , STATUS, AND CHAIN OF CUSTODY OF 6
SEXUAL ASSAULT EVIDE NCE COLLECTION KITS IN THE STATE; 7
(II) RECEIVE INFO RMATION RELATING TO THE LOCATION , 8
STATUS, AND CHAIN OF CUSTODY FROM ANY LAW ENFORCE MENT AGENCY OR 9
PERSON WITH CONTROL OR POSSESSION OF A S EXUAL ASSAULT EVIDEN CE 10
COLLECTION KIT ; AND 11
(III) ALLOW FOR A VICTIM O R A VICTIM’S REPRESENTATIVE TO 12
TRACK THE LOCATION, STATUS, AND CHAIN OF CUSTODY OF A SEXUAL ASSAULT 13
EVIDENCE COLLECTION KIT CONTAINING SAMPL ES TAKEN FROM THE VI CTIM. 14
(3) (I) INFORMATION CONTAINED IN THE REPORTING SYS TEM IS 15
NOT OPEN TO PUBLIC I NSPECTION. 16
(II) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 17
YOUTH, AND VICTIM SERVICES MAY DISCLOSE INFORMATION CONTAINE D IN THE 18
REPORTING SYSTEM ONL Y TO: 19
1. THE VICTIM ABOUT WHO M THE INFORMATION 20
PERTAINS; 21
2. A VICTIM’S REPRESENTATIVE FOR THE VICTIM ABOUT 22
WHOM THE INFORMATION PERTAINS; 23
3. A SEXUAL ASSAULT CRI SIS PROGRAM ESTABLIS HED 24
UNDER § 11–923 OF THIS SUBTITLE; 25
4. A CHILD ADVOCACY CEN TER ESTABLISHED UNDE R § 26
11–928 OF THIS SUBTITLE ; 27
5. A LAW ENFORCEMENT AG ENCY; 28
6. A STATE’S ATTORNEY; 29
HOUSE BILL 759 3
7. A PERSON AUTHORIZED BY THE GOVERNOR’S OFFICE 1
OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES TO RECEIVE T HE 2
INFORMATION ; OR 3
8. A PERSON ENTITLED TO RECEIVE THE INFORMAT ION 4
BY FEDERAL OR STATE LAW, SUBPOENA, COURT RULE, OR COURT ORDER . 5
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, BEGINNING 6
OCTOBER 1, 2023, A LAW ENFORCEMENT AG ENCY OR ANY PERSON , INCLUDING A 7
HEALTH CARE PROVIDER , FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT 8
HAS CONTROL OR POSSE SSION OF A SEXUAL AS SAULT EVIDENCE COLLE CTION KIT 9
SHALL: 10
(I) REPORT LO CATION, STATUS, AND CHAIN OF CUSTODY 11
INFORMATION TO THE R EPORTING PROGRAM EST ABLISHED UNDER THIS SECTION 12
IN A MANNER REQUIRED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 13
YOUTH, AND VICTIM SERVICES; AND 14
(II) COMPLY WITH ALL REGU LATIONS DEVELOPED BY THE 15
GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES 16
UNDER THIS SECTION . 17
(2) A LAW ENFORCEMENT AGEN CY OR A PERSON , INCLUDING A 18
HEALTH CARE PROVIDER , FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT 19
HAD CONTROL OR POSSE SSION OF A SEXUAL ASSAULT EVIDENCE COL LECTION KIT 20
BEFORE OCTOBER 1, 2023, AND HAS CONTROL OR P OSSESSION OF THE SEX UAL 21
ASSAULT EVIDENCE COL LECTION KIT ON OR AF TER OCTOBER 1, 2023, SHALL 22
REPORT LOCATION , STATUS, AND CHAIN OF CUSTODY INFORMATION TO THE 23
REPORTING PROGRAM ES TABLISHED UNDER THIS SEC TION ON OR BEFORE 24
DECEMBER 31, 2025. 25
(C) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 26
VICTIM SERVICES, IN CONSULTATION WITH THE MARYLAND SEXUAL ASSAULT 27
EVIDENCE KIT POLICY AND FUNDING COMMITTEE, SHALL ADOPT ANY 28
REGULATION S NECESSARY TO CARRY OUT THIS SECTION . 29
(2) REGULATIONS ADOPTED B Y THE GOVERNOR’S OFFICE OF CRIME 30
PREVENTION, YOUTH, AND VICTIM SERVICES IN ACCORDANC E WITH THIS SECTION 31
SHALL INCLUDE : 32
(I) REQUIREMENTS FOR REP ORTING THE LOCATION AND 33
CHAIN OF CUSTODY OF A SEXUAL ASSAULT EVIDENCE COLLECTION KIT TO THE 34 4 HOUSE BILL 759
PROGRAM ESTABLISHED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 1
YOUTH, AND VICTIM SERVICES UNDER THIS S ECTION; AND 2
(II) PROCEDURES FOR DISCL OSING INFORMATION AB OUT 3
SEXUAL ASSAULT EVIDE NCE COLLECTION KITS INCLUDED IN THE REPORTING 4
PROGRAM, INCLUDING DISCLOSURE TO PARTIES AUTHORIZE D TO RECEIVE 5
INFORMATION CONTAINE D IN THE REPORTING S YSTEM. 6
Article – Public Safety 7
4–401. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) “Forensic laboratory” means a facility, an entity, or a site that offers or 10
performs forensic analysis and is owned or operated by the State, a county or municipal 11
corporation in the State, or another governmental entity. 12
(3) “Fund” means the Rape Kit Testing Grant Fund. 13
(4) “Law enforcement agency” means the Department of State Police or a 14
police department of a county or municipal corporation in the State. 15
(b) There is a Rape Kit Testing Grant Fund. 16
(c) The purpose of the Fund is to provide law enforcement agencies with funding 17
to pay for testing of sexual assault evidence collection kits by forensic laboratories. 18
(d) The Executive Director of the Governor’s Office of Crime Prevention, Youth, 19
and Victim Services shall: 20
(1) administer the Fund; 21
(2) establish and publish procedures for the distribution of funding to law 22
enforcement agencies; 23
(3) ensure each jurisdiction in the State that has a forensic laboratory is 24
able to access the Fund; 25
(4) consider the number of sexual assault incidents that were investigated 26
by a law enforcement agency in the prior fiscal year when distributing funding; and 27
(5) submit a report with information on the distribution of funding to the 28
General Assembly, in accordance with § 2–1257 of the State Government Article, before 29
September 1 each year. 30
HOUSE BILL 759 5
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 1
the State Finance and Procurement Article. 2
(2) The State Treasurer shall hold the Fund separately, and the 3
Comptroller shall account for the Fund. 4
(f) The Fund consists of: 5
(1) money appropriated in the State budget to the Fund; 6
(2) any interest earnings of the Fund; and 7
(3) any other money from any other source accepted for the benefit of the 8
Fund. 9
(g) (1) The Fund may be used only for equipment, supplies, personnel, and 10
outsourcing necessary for the testing of sexual assault evidence collection kits in forensic 11
laboratories. 12
(2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , THE FUND 13
MAY BE USED FOR EQUI PMENT, SUPPLIES, PERSONNEL, AND OUTSOURCING 14
NECESSARY FOR THE TE STING OF SEXUAL ASSA ULT EVIDENCE COLLECT ION KITS 15
COLLECTED BEFORE OR AFTER THE ESTABLISHM ENT OF THE FUND. 16
(h) (1) The State Treasurer shall invest the money of the Fund in the same 17
manner as other State money may be invested. 18
(2) Any interest earnings of the Fund, including interest earnings under 19
subsection (f) of this section, shall be credited to the Fund. 20
(i) Expenditures from the Fund may be made only in accordance with the State 21
budget. 22
(j) Money expended from the Fund for testing of sexual assault evidence 23
collection kits is supplemental to and is not intended to take the place of funding that 24
otherwise would be appropriated for testing of sexual assault evidence collection kits. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2023. 27