EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0292*
SENATE BILL 292
D4, E2, E3 3lr1341
SB 768/22 – JPR CF HB 297
By: Senators Waldstreicher, Hettleman, Elfreth, Washington, and Folden
Introduced and read first time: January 27, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe 2
Harbor and Service Response 3
FOR the purpose of altering procedures that a law enforcement officer and a court are 4
required to follow when the law enforcement officer or court has reason to believe 5
that a child who has been detained is a victim of sex trafficking or a victim of human 6
trafficking; providing that a minor may not be criminally prosecuted or proceeded 7
against under certain provisions of law for a certain offense if the minor committed 8
the offense as a direct result of being a victim of sex trafficking or being a victim of 9
human trafficking; altering the list of offenses for which a person may file a motion 10
to vacate judgment if the person’s participation was a result of being a victim of 11
human trafficking; and generally relating to victims of child sex trafficking and 12
human trafficking. 13
BY repealing and reenacting, without amendments, 14
Article – Courts and Judicial Proceedings 15
Section 3–8A–01(a) and (dd) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Courts and Judicial Proceedings 20
Section 3–8A–14 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2022 Supplement) 23
BY adding to 24
Article – Courts and Judicial Proceedings 25
Section 3–8A–17.13 26
Annotated Code of Maryland 27
(2020 Replacement Volume and 2022 Supplement) 28 2 SENATE BILL 292
BY adding to 1
Article – Criminal Law 2
Section 1–402 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2022 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Criminal Procedure 7
Section 8–302(a) 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – Criminal Procedure 12
Section 8–302(b) 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Family Law 17
Section 5–701(a) and (x) 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2022 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Courts and Judicial Proceedings 23
3–8A–01. 24
(a) In this subtitle the following words have the meanings indicated, unless the 25
context of their use indicates otherwise. 26
(dd) “Violation” means a violation for which a citation is issued under: 27
(1) § 5–601 of the Criminal Law Article involving the use or possession of 28
cannabis; 29
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 30
(3) § 10–132 of the Criminal Law Article; 31
(4) § 10–136 of the Criminal Law Article; or 32
(5) § 26–103 of the Education Article. 33 SENATE BILL 292 3
3–8A–14. 1
(a) A child may be taken into custody under this subtitle by any of the following 2
methods: 3
(1) Pursuant to an order of the court; 4
(2) By a law enforcement officer pursuant to the law of arrest; 5
(3) By a law enforcement officer or other person authorized by the court if 6
the officer or other person has reasonable grounds to believe that the child is in immediate 7
danger from the child’s surroundings and that the child’s removal is necessary for the 8
child’s protection; 9
(4) By a law enforcement officer or other person authorized by the court if 10
the officer or other person has reasonable grounds to believe that the child has run away 11
from the child’s parents, guardian, or legal custodian; or 12
(5) In accordance with § 3–8A–14.1 of this subtitle. 13
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer 14
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 15
in a manner reasonably calculated to give actual notice of the action. 16
(ii) The notice required under subparagraph (i) of this paragraph 17
shall: 18
1. Include the child’s location; 19
2. Provide the reason for the child being taken into custody; 20
and 21
3. Instruct the parent, guardian, or custodian on how to 22
make immediate in–person contact with the child. 23
(2) After making every reasonable effort to give actual notice to a child’s 24
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 25
(i) Release the child to the child’s parents, guardian, or custodian or 26
to any other person designated by the court, upon their written promise to bring the child 27
before the court when requested by the court, and such security for the child’s appearance 28
as the court may reasonably require, unless the child’s placement in detention or shelter 29
care is permitted and appears required by § 3–8A–15 of this subtitle; or 30
(ii) Deliver the child to the court or a place of detention or shelter 31
care designated by the court. 32 4 SENATE BILL 292
(c) If a parent, guardian, or custodian fails to bring the child before the court 1
when requested, the court may: 2
(1) Issue a writ of attachment directing that the child be taken into custody 3
and brought before the court; and 4
(2) Proceed against the parent, guardian, or custodian for contempt. 5
(d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 6
MEANINGS INDICATED . 7
(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 9
(III) “SEX TRAFFICKING” HAS THE MEANING STAT ED IN § 5–701 10
OF THE FAMILY LAW ARTICLE. 11
(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 12
STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 13
(2) In addition to the requirements for reporting child abuse and neglect 14
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 15
that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 16
the Family Law Article] OR A VICTIM OF HUMAN TRAFFICKING , the law enforcement 17
officer shall [notify any], AS SOON AS PRACTICAB LE: 18
(I) NOTIFY AN appropriate regional navigator, as defined in § 19
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 20
custody or where the child is a resident that the child is a suspected victim of sex trafficking 21
OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL NAVI GATOR 22
CAN COORDINATE A SER VICE RESPONSE ; 23
(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 24
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUS PECTED VICTIM OF 25
HUMAN TRAFFICKING ; AND 26
(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 27
OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D 28
WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 29
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 30
CUSTODIAN. 31
(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 32
SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN 33 SENATE BILL 292 5
TRAFFICKING INTO CUSTODY UNDER SUBSECTION (A)(3) OF THIS SECTION MAY NOT 1
DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER § 2
9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 3
CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF 4
THE CRIMINAL LAW ARTICLE. 5
(e) The Supreme Court of Maryland may adopt rules concerning 6
age–appropriate language to be used to advise a child who is taken into custody of the 7
child’s rights. 8
3–8A–17.13. 9
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 12
THE CRIMINAL PROCEDURE ARTICLE. 13
(3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 14
5–704.4 OF THE FAMILY LAW ARTICLE. 15
(4) “SEX TRAFFICKING ” HAS THE MEANING STA TED IN § 5–701 OF THE 16
FAMILY LAW ARTICLE. 17
(5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 18
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 19
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 20
COMMITTED A QUALIFYI NG OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 21
3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS 22
SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S 23
COUNSEL OR THE STATE’S ATTORNEY, SHALL: 24
(I) MAKE THE DETERMINATIO N REQUIRED UNDER 25
PARAGRAPH (3) OF THIS SUBSECTION ; 26
(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 27
MADE; AND 28
(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 29
THE DEPARTMENT OF HUMAN SERVICES. 30
(2) THE COURT: 31
6 SENATE BILL 292
(I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 1
MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 2
(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 3
HEARING AN ADDITIONA L 15 DAYS. 4
(3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON 5
THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD : 6
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 7
TRAFFICKING; AND 8
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 9
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 10
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 11
(4) THE COURT SHALL DISMI SS THE CASE IF THE C OURT FINDS THAT 12
THE CHILD: 13
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 14
TRAFFICKING; AND 15
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 16
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 17
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 18
Article – Criminal Law 19
1–402. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 23
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 24
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 25
FAMILY LAW ARTICLE. 26
(4) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 27
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 28
(5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 29
COURTS ARTICLE. 30
SENATE BILL 292 7
(B) A MINOR MAY NOT BE CRI MINALLY PRO SECUTED OR PROCEEDED 1
AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A 2
QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS 3
ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF 4
BEING A VICTIM OF SE X TRAFFICKING OR BEING A VICTI M OF HUMAN TRAFFICKI NG. 5
Article – Criminal Procedure 6
8–302. 7
(a) (1) In this section the following words have the meanings indicated. 8
(2) “Qualifying offense” means: 9
(i) unnatural or perverted sexual practice under § 3–322 of the 10
Criminal Law Article; 11
(ii) possessing or administering a controlled dangerous substance 12
under § 5–601 of the Criminal Law Article; 13
(iii) possessing or purchasing a noncontrolled substance under § 14
5–618 of the Criminal Law Article; 15
(iv) possessing or distributing controlled paraphernalia under § 16
5–620(a)(2) of the Criminal Law Article; 17
(v) fourth–degree burglary under § 6–205 of the Criminal Law 18
Article; 19
(vi) malicious destruction of property in the lesser degree under § 20
6–301(c) of the Criminal Law Article; 21
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 22
Article; 23
(viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 24
(ix) misdemeanor obtaining property or services by bad check under 25
§ 8–103 of the Criminal Law Article; 26
(x) possession or use of a fraudulent government identification 27
document under § 8–303 of the Criminal Law Article; 28
(xi) public assistance fraud under § 8–503 of the Criminal Law 29
Article; 30
(xii) false statement to a law enforcement officer or public official 31 8 SENATE BILL 292
under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 1
(xiii) disturbing the public peace and disorderly conduct under § 2
10–201 of the Criminal Law Article; 3
(xiv) indecent exposure under § 11–107 of the Criminal Law Article; 4
(xv) prostitution under § 11–303 of the Criminal Law Article; 5
(xvi) driving with a suspended registration under § 13–401(h) of the 6
Transportation Article; 7
(xvii) failure to display registration under § 13–409(b) of the 8
Transportation Article; 9
(xviii) driving without a license under § 16–101 of the Transportation 10
Article; 11
(xix) failure to display license to police under § 16–112(c) of the 12
Transportation Article; 13
(xx) possession of a suspended license under § 16–301(j) of the 14
Transportation Article; 15
(xxi) driving while privilege is canceled, suspended, refused, or 16
revoked under § 16–303 of the Transportation Article; 17
(xxii) owner failure to maintain security on a vehicle under § 17–104(b) 18
of the Transportation Article; 19
(xxiii) driving while uninsured under § 17–107 of the Transportation 20
Article; [or] 21
(xxiv) prostitution or loitering as prohibited under local law; 22
(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 23
TRANSPORTA TION ARTICLE; OR 24
(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 25
OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 26
(3) “Victim of human trafficking” means a person who has been subjected 27
to an act of another committed in violation of: 28
(i) Title 3, Subtitle 11 of the Criminal Law Article; or 29
SENATE BILL 292 9
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 1
Code. 2
(b) A person convicted of a qualifying offense may file a motion to vacate the 3
judgment if the person’s participation in the offense was a direct result of being a victim of 4
human trafficking. 5
Article – Family Law 6
5–701. 7
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 8
following words have the meanings indicated. 9
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 10
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2023. 13