WES MOORE, Governor Ch. 705
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Chapter 705
(House Bill 759)
AN ACT concerning
Governor’s Office of Crime Prevention, Youth, and Victim Services – Sexual
Assault Evidence Collection Kit Reporting Program
FOR the purpose of requiring the Governor’s Office of Crime Prevention, Youth, and Victim
Services to establish and administer a certain reporting program relating to sexual
assault evidence collection kits; requiring a law enforcement agency and a person
with control or possession of a sexual assault evidence collection kit to report certain
information to the program and comply with certain regulations; clarifying the uses
for the Rape Kit Testing Grant Fund; and generally relating to a sexual assault
evidence collection kit reporting program.
BY adding to
Article – Criminal Procedure
Section 11–926.1
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 4–401
Annotated Code of Maryland
(2022 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Procedure
11–926.1.
(A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
VICTIM SERVICES SHALL ESTABL ISH AND ADMINISTER A REPORTING PROGRAM FO R
TRACKING THE LOCATIO N, STATUS, AND CHAIN OF CUSTODY FOR SEXUAL ASSAULT
EVIDENCE COLLECTION KITS.
(2) THE REPORTING PROGRAM SHALL:
(I) TRACK THE LOCATION , STATUS, AND CHAIN OF CUSTODY OF
SEXUAL ASSAULT EVIDE NCE COLLECTION KITS IN THE STATE;
Ch. 705 2023 LAWS OF MARYLAND
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(II) RECEIVE INFORMATION RELATING TO THE LOCA TION,
STATUS, AND CHAIN OF CUSTODY FROM ANY LAW ENFORCE MENT AGENCY OR
PERSON WITH CONTROL OR POSSESSION OF A S EXUAL ASSAULT EVIDEN CE
COLLECTION KIT ; AND
(III) ALLOW FOR A VICTIM O R A VICTIM’S REPRESENTATIVE TO
TRACK THE LOCATION , STATUS, AND CHAIN OF CUSTODY OF A SEXUAL ASSAULT
EVIDENCE COLLECTION KIT CONTAINING SAMPL ES TAKEN FROM THE VICTIM.
(3) (I) INFORMATION CONTAINED IN THE REPORTING SYS TEM IS
NOT OPEN TO PUBLIC I NSPECTION.
(II) THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
YOUTH, AND VICTIM SERVICES MAY DISCLOSE INFORMATION CONTAINE D IN THE
REPORTING SYSTEM ONL Y TO:
1. THE VICTIM ABOUT WHOM THE INFORMATION
PERTAINS;
2. A VICTIM’S REPRESENTATIVE FOR THE VICTIM ABOUT
WHOM THE INFORMATION PERTAINS;
3. A SEXUAL ASSAULT CRI SIS PROGRAM ESTABLIS HED
UNDER § 11–923 OF THIS SUBTITLE;
4. A CHILD ADVOCACY CEN TER ESTABLISHED UNDER §
11–928 OF THIS SUBTITLE ;
5. A LAW ENFORCEMENT AG ENCY;
6. A STATE’S ATTORNEY;
7. A PERSON AUTHORIZED BY THE GOVERNOR’S OFFICE
OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES TO RECEIVE T HE
INFORMATION ; OR
8. A PERSON EN TITLED TO RECEIVE TH E INFORMATION
BY FEDERAL OR STATE LAW, SUBPOENA, COURT RULE, OR COURT ORDER .
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING
OCTOBER 1, 2023, A LAW ENFORCEMENT AG ENCY OR ANY PERSON , INCLUDING A
HEALTH CARE PROVIDER , FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT WES MOORE, Governor Ch. 705
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HAS CONTROL OR POSSE SSION OF A SEXUAL AS SAULT EVIDENCE COLLE CTION KIT
SHALL:
(I) REPORT LOCATION , STATUS, AND CHAIN OF CUSTODY
INFORMATION TO THE R EPORTING PROGRAM EST ABLISHED UNDER THIS SECTION
IN A MANNER REQUIRED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
YOUTH, AND VICTIM SERVICES; AND
(II) COMPLY WITH ALL REGU LATIONS DEVELOPED BY THE
GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES
UNDER THIS SECTION .
(2) A LAW ENFORCEMENT AGENCY OR A PERSON , INCLUDING A
HEALTH CARE PROVIDER , FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT
HAD CONTROL OR POSSE SSION OF A SEXUAL AS SAULT EVIDENCE COLLE CTION KIT
BEFORE OCTOBER 1, 2023, AND HAS CONTROL OR P OSSESSION OF THE SEX UAL
ASSAULT EVIDENCE COLLECTION KIT ON OR AFTER OCTOBER 1, 2023, SHALL
REPORT LOCATION , STATUS, AND CHAIN OF CUSTODY INFORMATION TO THE
REPORTING PROGRAM ES TABLISHED UNDER THIS SECTION ON OR BEFORE
DECEMBER 31, 2025.
(C) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
VICTIM SERVICES, IN CONSULTATION WITH THE MARYLAND SEXUAL ASSAULT
EVIDENCE KIT POLICY AND FUNDING COMMITTEE, SHALL ADOPT ANY
REGULATIONS NECESSAR Y TO CARRY OUT THIS SECTION.
(2) REGULATIONS ADOPTED B Y THE GOVERNOR’S OFFICE OF CRIME
PREVENTION, YOUTH, AND VICTIM SERVICES IN ACCORDANC E WITH THIS SECTION
SHALL INCLUDE :
(I) REQUIREMENTS FOR REP ORTING THE LOCATION AND
CHAIN OF CUSTODY OF A SEXUAL ASSAULT EVI DENCE COLLECTION KIT TO THE
PROGRAM ESTABLISHED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
YOUTH, AND VICTIM SERVICES UNDER THIS S ECTION; AND
(II) PROCEDURES FOR DISCL OSING INFORMATION AB OUT
SEXUAL ASSAULT EVIDE NCE COLLECTION KITS INCLUDED IN THE REPO RTING
PROGRAM, INCLUDING DISCLOSURE TO PARTIES AUTHORIZE D TO RECEIVE
INFORMATION CONTAINE D IN THE REPORTING SYST EM.
Article – Public Safety
4–401. Ch. 705 2023 LAWS OF MARYLAND
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(a) (1) In this section the following words have the meanings indicated.
(2) “Forensic laboratory” means a facility, an entity, or a site that offers or
performs forensic analysis and is owned or operated by the State, a county or municipal
corporation in the State, or another governmental entity.
(3) “Fund” means the Rape Kit Testing Grant Fund.
(4) “Law enforcement agency” means the Department of State Police or a
police department of a county or municipal corporation in the State.
(b) There is a Rape Kit Testing Grant Fund.
(c) The purpose of the Fund is to provide law enforcement agencies with funding
to pay for testing of sexual assault evidence collection kits by forensic laboratories.
(d) The Executive Director of the Governor’s Office of Crime Prevention, Youth,
and Victim Services shall:
(1) administer the Fund;
(2) establish and publish procedures for the distribution of funding to law
enforcement agencies;
(3) ensure each jurisdiction in the State that has a forensic laboratory is
able to access the Fund;
(4) consider the number of sexual assault incidents that were investigated
by a law enforcement agency in the prior fiscal year when distributing funding; and
(5) submit a report with information on the distribution of funding to the
General Assembly, in accordance with § 2–1257 of the State Government Article, before
September 1 each year.
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the
Comptroller shall account for the Fund.
(f) The Fund consists of:
(1) money appropriated in the State budget to the Fund;
(2) any interest earnings of the Fund; and WES MOORE, Governor Ch. 705
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(3) any other money from any other source accepted for the benefit of the
Fund.
(g) (1) The Fund may be used only for equipment, supplies, personnel, and
outsourcing necessary for the testing of sexual assault evidence collection kits in forensic
laboratories.
(2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , THE FUND
MAY BE USED FOR EQUI PMENT, SUPPLIES, PERSONNEL, AND OUTSOURCING
NECESSARY FOR THE TE STING OF SEXUAL ASSA ULT EVIDENCE COLLECT ION KITS
COLLECTED BEFORE OR AFTER THE ESTABLISHM ENT OF THE FUND.
(h) (1) The State Treasurer shall invest the money of the Fund in the same
manner as other State money may be invested.
(2) Any interest earnings of the Fund, including interest earnings under
subsection (f) of this section, shall be credited to the Fund.
(i) Expenditures from the Fund may be made only in accordance with the State
budget.
(j) Money expended from the Fund for testing of sexual assault evidence
collection kits is supplemental to and is not intended to take the place of funding that
otherwise would be appropriated for testing of sexual assault evidence collection kits.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.