WES MOORE, Governor Ch. 686
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Chapter 686
(Senate Bill 292)
AN ACT concerning
Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe
Harbor and Service Response
FOR the purpose of altering procedures that a law enforcement officer and a court are
required to follow when the law enforcement officer or court has reason to believe
that a child who has been detained is a victim of sex trafficking or a victim of human
trafficking; providing that a minor may not be criminally prosecuted or proceeded
against under certain provisions of law for a certain offense if the minor committed
the offense as a direct result of being a victim of sex trafficking or being a victim of
human trafficking; altering the list of offenses for which a person may file a motion
to vacate judgment if the person’s participation was a result of being a victim of
human trafficking; and generally relating to victims of child sex trafficking and
human trafficking.
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–01(a) and (dd)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–14
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY adding to
Article – Courts and Judicial Proceedings
Section 3–8A–17.13
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY adding to
Article – Criminal Law
Section 1–402
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 8–302(a) Ch. 686 2023 LAWS OF MARYLAND
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Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Criminal Procedure
Section 8–302(b)
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Family Law
Section 5–701(a) and (x)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
3–8A–01.
(a) In this subtitle the following words have the meanings indicated, unless the
context of their use indicates otherwise.
(dd) “Violation” means a violation for which a citation is issued under:
(1) § 5–601 of the Criminal Law Article involving the use or possession of
cannabis;
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
(3) § 10–132 of the Criminal Law Article;
(4) § 10–136 of the Criminal Law Article; or
(5) § 26–103 of the Education Article.
3–8A–14.
(a) A child may be taken into custody under this subtitle by any of the following
methods:
(1) Pursuant to an order of the court;
(2) By a law enforcement officer pursuant to the law of arrest; WES MOORE, Governor Ch. 686
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(3) By a law enforcement officer or other person authorized by the court if
the officer or other person has reasonable grounds to believe that the child is in immediate
danger from the child’s surroundings and that the child’s removal is necessary for the
child’s protection;
(4) By a law enforcement officer or other person authorized by the court if
the officer or other person has reasonable grounds to believe that the child has run away
from the child’s parents, guardian, or legal custodian; or
(5) In accordance with § 3–8A–14.1 of this subtitle.
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer
shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian
in a manner reasonably calculated to give actual notice of the action.
(ii) The notice required under subparagraph (i) of this paragraph
shall:
1. Include the child’s location;
2. Provide the reason for the child being taken into custody;
and
3. Instruct the parent, guardian, or custodian on how to
make immediate in–person contact with the child.
(2) After making every reasonable effort to give actual notice to a child’s
parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
(i) Release the child to the child’s parents, guardian, or custodian or
to any other person designated by the court, upon their written promise to bring the child
before the court when requested by the court, and such security for the child’s appearance
as the court may reasonably require, unless the child’s placement in detention or shelter
care is permitted and appears required by § 3–8A–15 of this subtitle; or
(ii) Deliver the child to the court or a place of detention or shelter
care designated by the court.
(c) If a parent, guardian, or custodian fails to bring the child before the court
when requested, the court may:
(1) Issue a writ of attachment directing that the child be taken into custody
and brought before the court; and
(2) Proceed against the parent, guardian, or custodian for contempt. Ch. 686 2023 LAWS OF MARYLAND
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(d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
MEANINGS INDICATED .
(II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN §
8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701
OF THE FAMILY LAW ARTICLE.
(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING
STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
(2) In addition to the requirements for reporting child abuse and neglect
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe
that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of
the Family Law Article] OR A VICTIM OF HUMAN TR AFFICKING, the law
enforcement officer shall [notify any], AS SOON AS PRACTICAB LE:
(I) NOTIFY AN appropriate regional navigator, as defined in §
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into
custody or where the child is a resident that the child is a suspected victim of sex trafficking
OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL N AVIGATOR
CAN COORDINATE A SER VICE RESPONSE ;
(II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF
HUMAN TRAFFICKING ; AND
(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN,
OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D
WELFARE AGENCY IF TH ERE IS REASON TO BELIEVE THAT THE C HILD’S SAFETY WILL
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR
CUSTODIAN.
(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A
SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN
TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT
DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER §
9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE
CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF
THE CRIMINAL LAW ARTICLE.
WES MOORE, Governor Ch. 686
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(e) The Supreme Court of Maryland may adopt rules concerning
age–appropriate language to be used to advise a child who is taken into custody of the
child’s rights.
3–8A–17.13.
(A) (1) IN THIS SECTION TH E FOLLOWING WORDS HA VE THE MEANINGS
INDICATED.
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF
THE CRIMINAL PROCEDURE ARTICLE.
(3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN §
5–704.4 OF THE FAMILY LAW ARTICLE.
(4) “SEX TRAFFICKING” HAS THE MEANING STAT ED IN § 5–701 OF THE
FAMILY LAW ARTICLE.
(5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS
COMMITTED A QUALIFY ING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER §
3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS
SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S
COUNSEL OR THE STATE’S ATTORNEY, SHALL:
(I) MAKE THE DETERMINATIO N REQUIRED UNDER
PARAGRAPH (3) OF THIS SUBSECTION ;
(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS
MADE; AND
(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY
THE DEPARTMENT OF HUMAN SERVICES.
(2) THE COURT:
(I) SHALL SCHEDULE A HEARING WITHIN 15 DAYS AFTER A
MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND
(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE
HEARING AN ADDITIONA L 15 DAYS.
Ch. 686 2023 LAWS OF MARYLAND
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(3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON
THE RECORD AND B Y A PREPONDERANCE OF THE EVIDENCE , WHETHER THE CHILD :
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN
TRAFFICKING; AND
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING.
(4) THE COURT SHALL DISMI SS THE CASE CHARGE FOR ANY
QUALIFYING OFFENSE , VIOLATION, OR OFFENSE UNDER § 3–1102 OF THE CRIMINAL
LAW ARTICLE IF THE COURT FINDS T HAT THE CHILD:
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN
TRAFFICKING; AND
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING .
Article – Criminal Law
1–402.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN §
8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
(3) “SEX TRAFFICKING ” HAS THE MEANING STATED I N § 5–701 OF THE
FAMILY LAW ARTICLE.
(4) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
(5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE
COURTS ARTICLE.
(B) A MINOR MAY NOT BE CRIMINALL Y PROSECUTED OR PROC EEDED
AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A
QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS WES MOORE, Governor Ch. 686
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ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF
BEING A VICTIM OF SEX TRAF FICKING OR BEING A V ICTIM OF HUMAN TRAFF ICKING.
Article – Criminal Procedure
8–302.
(a) (1) In this section the following words have the meanings indicated.
(2) “Qualifying offense” means:
(i) unnatural or perverted sexual practice under § 3–322 of the
Criminal Law Article;
(ii) possessing or administering a controlled dangerous substance
under § 5–601 of the Criminal Law Article;
(iii) possessing or purchasing a noncontrolled substance under §
5–618 of the Criminal Law Article;
(iv) possessing or distributing controlled paraphernalia under §
5–620(a)(2) of the Criminal Law Article;
(v) fourth–degree burglary under § 6–205 of the Criminal Law
Article;
(vi) malicious destruction of property in the lesser degree under §
6–301(c) of the Criminal Law Article;
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law
Article;
(viii) misdemeanor theft under § 7–104 of the Criminal Law Article;
(ix) misdemeanor obtaining property or services by bad check under
§ 8–103 of the Criminal Law Article;
(x) possession or use of a fraudulent government identification
document under § 8–303 of the Criminal Law Article;
(xi) public assistance fraud under § 8–503 of the Criminal Law
Article;
(xii) false statement to a law enforcement officer or public official
under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article;
Ch. 686 2023 LAWS OF MARYLAND
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(xiii) disturbing the public peace and disorderly conduct under §
10–201 of the Criminal Law Article;
(xiv) indecent exposure under § 11–107 of the Criminal Law Article;
(xv) prostitution under § 11–303 of the Criminal Law Article;
(xvi) driving with a suspended registration under § 13–401(h) of the
Transportation Article;
(xvii) failure to display registration under § 13–409(b) of the
Transportation Article;
(xviii) driving without a license under § 16–101 of the Transportation
Article;
(xix) failure to display license to police under § 16–112(c) of the
Transportation Article;
(xx) possession of a suspended license under § 16–301(j) of the
Transportation Article;
(xxi) driving while privilege is canceled, suspended, refused, or
revoked under § 16–303 of the Transportation Article;
(xxii) owner failure to maintain security on a vehicle under § 17–104(b)
of the Transportation Article;
(xxiii) driving while uninsured under § 17–107 of the Transportation
Article; [or]
(xxiv) prostitution or loitering as prohibited under local law;
(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE
TRANSPORTATION ARTICLE; OR
(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION
OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE.
(3) “Victim of human trafficking” means a person who has been subjected
to an act of another committed in violation of:
(i) Title 3, Subtitle 11 of the Criminal Law Article; or
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States
Code. WES MOORE, Governor Ch. 686
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(b) A person convicted of a qualifying offense may file a motion to vacate the
judgment if the person’s participation in the offense was a direct result of being a victim of
human trafficking.
Article – Family Law
5–701.
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the
following words have the meanings indicated.
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision,
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.