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.
*sb0292*
SENATE BILL 292
D4, E2, E3 3lr1341
SB 768/22 – JPR CF HB 297
By: Senators Waldstreicher, Hettleman, Elfreth, M. Washington, and Folden
Introduced and read first time: January 27, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 11, 2023
CHAPTER ______
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 2 SENATE BILL 292
BY adding to 1
Article – Courts and Judicial Proceedings 2
Section 3–8A–17.13 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2022 Supplement) 5
BY adding to 6
Article – Criminal Law 7
Section 1–402 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Procedure 12
Section 8–302(a) 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Criminal Procedure 17
Section 8–302(b) 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Family Law 22
Section 5–701(a) and (x) 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2022 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
Article – Courts and Judicial Proceedings 28
3–8A–01. 29
(a) In this subtitle the following words have the meanings indicated, unless the 30
context of their use indicates otherwise. 31
(dd) “Violation” means a violation for which a citation is issued under: 32
(1) § 5–601 of the Criminal Law Article involving the use or possession of 33
cannabis; 34
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 35 SENATE BILL 292 3
(3) § 10–132 of the Criminal Law Article; 1
(4) § 10–136 of the Criminal Law Article; or 2
(5) § 26–103 of the Education Article. 3
3–8A–14. 4
(a) A child may be taken into custody under this subtitle by any of the following 5
methods: 6
(1) Pursuant to an order of the court; 7
(2) By a law enforcement officer pursuant to the law of arrest; 8
(3) By a law enforcement officer or other person authorized by the court if 9
the officer or other person has reasonable grounds to believe that the child is in immediate 10
danger from the child’s surroundings and that the child’s removal is necessary for the 11
child’s protection; 12
(4) By a law enforcement officer or other person authorized by the court if 13
the officer or other person has reasonable grounds to believe that the child has run away 14
from the child’s parents, guardian, or legal custodian; or 15
(5) In accordance with § 3–8A–14.1 of this subtitle. 16
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer 17
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 18
in a manner reasonably calculated to give actual notice of the action. 19
(ii) The notice required under subparagraph (i) of this paragraph 20
shall: 21
1. Include the child’s location; 22
2. Provide the reason for the child being taken into custody; 23
and 24
3. Instruct the parent, guardian, or custodian on how to 25
make immediate in–person contact with the child. 26
(2) After making every reasonable effort to give actual notice to a child’s 27
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 28
(i) Release the child to the child’s parents, guardian, or custodian or 29
to any other person designated by the court, upon their written promise to bring the child 30 4 SENATE BILL 292
before the court when requested by the court, and such security for the child’s appearance 1
as the court may reasonably require, unless the child’s placement in detention or shelter 2
care is permitted and appears required by § 3–8A–15 of this subtitle; or 3
(ii) Deliver the child to the court or a place of detention or shelter 4
care designated by the court. 5
(c) If a parent, guardian, or custodian fails to bring the child before the court 6
when requested, the court may: 7
(1) Issue a writ of attachment directing that the child be taken into custody 8
and brought before the court; and 9
(2) Proceed against the parent, guardian, or custodian for contempt. 10
(d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 11
MEANINGS INDICATED . 12
(II) “QUALIFYING OFFENSE ” HAS THE MEANING STATED IN § 13
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 14
(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 15
OF THE FAMILY LAW ARTICLE. 16
(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 17
STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 18
(2) In addition to the requirements for reporting child abuse and neglect 19
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 20
that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 21
the Family Law Article] OR A VICTIM OF HUMAN TRAFFICKING , the law 22
enforcement officer shall [notify any], AS SOON AS PRACTICAB LE: 23
(I) NOTIFY AN appropriate regional navigator, as defined in § 24
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 25
custody or where the child is a resident that the child is a suspected victim of sex trafficking 26
OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL N AVIGATOR 27
CAN COORDINATE A SERVICE RESPONSE; 28
(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 29
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTIM OF 30
HUMAN TRAFFICKING ; AND 31
(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 32
OR CUSTODIAN IF IT IS SAFE AND APPROPRIATE TO DO SO, OR TO THE LOCAL CHIL D 33 SENATE BILL 292 5
WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 1
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 2
CUSTODIAN. 3
(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHILD WHO IS A 4
SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN 5
TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 6
DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER § 7
9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 8
CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF 9
THE CRIMINAL LAW ARTICLE. 10
(e) The Supreme Court of Maryland may adopt rules concerning 11
age–appropriate language to be used to advise a child who is taken into custody of the 12
child’s rights. 13
3–8A–17.13. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 17
THE CRIMINAL PROCEDURE ARTICLE. 18
(3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 19
5–704.4 OF THE FAMILY LAW ARTICLE. 20
(4) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 21
FAMILY LAW ARTICLE. 22
(5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 23
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 24
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 25
COMMITTED A QUALIFYI NG OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 26
3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS 27
SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S 28
COUNSEL OR THE STATE’S ATTORNEY, SHALL: 29
(I) MAKE THE DETERMINATIO N REQUIRED UNDER 30
PARAGRAPH (3) OF THIS SUBSECTION ; 31
(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 32
MADE; AND 33 6 SENATE BILL 292
(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 1
THE DEPARTMENT OF HUMAN SERVICES. 2
(2) THE COURT: 3
(I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 4
MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 5
(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 6
HEARING AN ADDITIONA L 15 DAYS. 7
(3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON 8
THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD : 9
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 10
TRAFFICKING; AND 11
(II) COMMITTED THE QUALIFYING OFFEN SE, VIOLATION, OR 12
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 13
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 14
(4) THE COURT SHALL DISMI SS THE CASE CHARGE FOR ANY 15
QUALIFYING OFFE NSE, VIOLATION, OR OFFENSE UNDER § 3–1102 OF THE CRIMINAL 16
LAW ARTICLE IF THE COURT FINDS T HAT THE CHILD: 17
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 18
TRAFFICKING; AND 19
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 20
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 21
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 22
Article – Criminal Law 23
1–402. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “QUALIFYING OFFENSE” HAS THE MEANING STAT ED IN § 27
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 28
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 29
FAMILY LAW ARTICLE. 30 SENATE BILL 292 7
(4) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 1
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 2
(5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 3
COURTS ARTICLE. 4
(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 5
AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A 6
QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS 7
ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF 8
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 9
Article – Criminal Procedure 10
8–302. 11
(a) (1) In this section the following words have the meanings indicated. 12
(2) “Qualifying offense” means: 13
(i) unnatural or perverted sexual practice under § 3–322 of the 14
Criminal Law Article; 15
(ii) possessing or administering a controlled dangerous substance 16
under § 5–601 of the Criminal Law Article; 17
(iii) possessing or purchasing a noncontrolled substance under § 18
5–618 of the Criminal Law Article; 19
(iv) possessing or distributing controlled paraphernalia under § 20
5–620(a)(2) of the Criminal Law Article; 21
(v) fourth–degree burglary under § 6–205 of the Criminal Law 22
Article; 23
(vi) malicious destruction of property in the lesser degree under § 24
6–301(c) of the Criminal Law Article; 25
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 26
Article; 27
(viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 28
(ix) misdemeanor obtaining property or services by bad check under 29
§ 8–103 of the Criminal Law Article; 30 8 SENATE BILL 292
(x) possession or use of a fraudulent government identification 1
document under § 8–303 of the Criminal Law Article; 2
(xi) public assistance fraud under § 8–503 of the Criminal Law 3
Article; 4
(xii) false statement to a law enforcement officer or public official 5
under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 6
(xiii) disturbing the public peace and disorderly conduct under § 7
10–201 of the Criminal Law Article; 8
(xiv) indecent exposure under § 11–107 of the Criminal Law Article; 9
(xv) prostitution under § 11–303 of the Criminal Law Article; 10
(xvi) driving with a suspended registration under § 13–401(h) of the 11
Transportation Article; 12
(xvii) failure to display registration under § 13–409(b) of the 13
Transportation Article; 14
(xviii) driving without a license under § 16–101 of the Transportation 15
Article; 16
(xix) failure to display license to police under § 16–112(c) of the 17
Transportation Article; 18
(xx) possession of a suspended license under § 16–301(j) of the 19
Transportation Article; 20
(xxi) driving while privilege is canceled, suspended, refused, or 21
revoked under § 16–303 of the Transportation Article; 22
(xxii) owner failure to maintain security on a vehicle under § 17–104(b) 23
of the Transportation Article; 24
(xxiii) driving while uninsured under § 17–107 of the Transportation 25
Article; [or] 26
(xxiv) prostitution or loitering as prohibited under local law; 27
(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 28
TRANSPORTATION ARTICLE; OR 29
SENATE BILL 292 9
(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 1
OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 2
(3) “Victim of human trafficking” means a person who has been subjected 3
to an act of another committed in violation of: 4
(i) Title 3, Subtitle 11 of the Criminal Law Article; or 5
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 6
Code. 7
(b) A person convicted of a qualifying offense may file a motion to vacate the 8
judgment if the person’s participation in the offense was a direct result of being a victim of 9
human trafficking. 10
Article – Family Law 11
5–701. 12
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 13
following words have the meanings indicated. 14
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 15
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2023. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.