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