Maryland 2023 Regular Session

Maryland Senate Bill SB292 Compare Versions

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1- WES MOORE, Governor Ch. 686
21
3-– 1 –
4-Chapter 686
5-(Senate Bill 292)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0292*
89
9-Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe
10-Harbor and Service Response
10+SENATE BILL 292
11+D4, E2, E3 3lr1341
12+SB 768/22 – JPR CF HB 297
13+By: Senators Waldstreicher, Hettleman, Elfreth, M. Washington, and Folden
14+Introduced and read first time: January 27, 2023
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 11, 2023
1119
12-FOR the purpose of altering procedures that a law enforcement officer and a court are
13-required to follow when the law enforcement officer or court has reason to believe
14-that a child who has been detained is a victim of sex trafficking or a victim of human
15-trafficking; providing that a minor may not be criminally prosecuted or proceeded
16-against under certain provisions of law for a certain offense if the minor committed
17-the offense as a direct result of being a victim of sex trafficking or being a victim of
18-human trafficking; altering the list of offenses for which a person may file a motion
19-to vacate judgment if the person’s participation was a result of being a victim of
20-human trafficking; and generally relating to victims of child sex trafficking and
21-human trafficking.
20+CHAPTER ______
2221
23-BY repealing and reenacting, without amendments,
24- Article – Courts and Judicial Proceedings
25- Section 3–8A–01(a) and (dd)
26- Annotated Code of Maryland
27- (2020 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2823
29-BY repealing and reenacting, with amendments,
30- Article – Courts and Judicial Proceedings
31-Section 3–8A–14
32- Annotated Code of Maryland
33- (2020 Replacement Volume and 2022 Supplement)
24+Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe 2
25+Harbor and Service Response 3
3426
35-BY adding to
36- Article – Courts and Judicial Proceedings
37-Section 3–8A–17.13
38- Annotated Code of Maryland
39- (2020 Replacement Volume and 2022 Supplement)
27+FOR the purpose of altering procedures that a law enforcement officer and a court are 4
28+required to follow when the law enforcement officer or court has reason to believe 5
29+that a child who has been detained is a victim of sex trafficking or a victim of human 6
30+trafficking; providing that a minor may not be criminally prosecuted or proceeded 7
31+against under certain provisions of law for a certain offense if the minor committed 8
32+the offense as a direct result of being a victim of sex trafficking or being a victim of 9
33+human trafficking; altering the list of offenses for which a person may file a motion 10
34+to vacate judgment if the person’s participation was a result of being a victim of 11
35+human trafficking; and generally relating to victims of child sex trafficking and 12
36+human trafficking. 13
4037
41-BY adding to
42- Article – Criminal Law
43- Section 1402
44- Annotated Code of Maryland
45- (2021 Replacement Volume and 2022 Supplement)
38+BY repealing and reenacting, without amendments, 14
39+ Article – Courts and Judicial Proceedings 15
40+ Section 38A–01(a) and (dd) 16
41+ Annotated Code of Maryland 17
42+ (2020 Replacement Volume and 2022 Supplement) 18
4643
47-BY repealing and reenacting, with amendments,
48- Article – Criminal Procedure
49- Section 8–302(a) Ch. 686 2023 LAWS OF MARYLAND
44+BY repealing and reenacting, with amendments, 19
45+ Article – Courts and Judicial Proceedings 20
46+Section 3–8A–14 21
47+ Annotated Code of Maryland 22
48+ (2020 Replacement Volume and 2022 Supplement) 23 2 SENATE BILL 292
5049
51-– 2 –
52- Annotated Code of Maryland
53- (2018 Replacement Volume and 2022 Supplement)
5450
55-BY repealing and reenacting, without amendments,
56- Article – Criminal Procedure
57- Section 8–302(b)
58- Annotated Code of Maryland
59- (2018 Replacement Volume and 2022 Supplement)
6051
61-BY repealing and reenacting, without amendments,
62- Article – Family Law
63-Section 5701(a) and (x)
64- Annotated Code of Maryland
65- (2019 Replacement Volume and 2022 Supplement)
52+BY adding to 1
53+ Article – Courts and Judicial Proceedings 2
54+Section 38A–17.13 3
55+ Annotated Code of Maryland 4
56+ (2020 Replacement Volume and 2022 Supplement) 5
6657
67- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
68-That the Laws of Maryland read as follows:
58+BY adding to 6
59+ Article – Criminal Law 7
60+ Section 1–402 8
61+ Annotated Code of Maryland 9
62+ (2021 Replacement Volume and 2022 Supplement) 10
6963
70-Article – Courts and Judicial Proceedings
64+BY repealing and reenacting, with amendments, 11
65+ Article – Criminal Procedure 12
66+ Section 8–302(a) 13
67+ Annotated Code of Maryland 14
68+ (2018 Replacement Volume and 2022 Supplement) 15
7169
72-3–8A–01.
70+BY repealing and reenacting, without amendments, 16
71+ Article – Criminal Procedure 17
72+ Section 8–302(b) 18
73+ Annotated Code of Maryland 19
74+ (2018 Replacement Volume and 2022 Supplement) 20
7375
74- (a) In this subtitle the following words have the meanings indicated, unless the
75-context of their use indicates otherwise.
76+BY repealing and reenacting, without amendments, 21
77+ Article – Family Law 22
78+Section 5–701(a) and (x) 23
79+ Annotated Code of Maryland 24
80+ (2019 Replacement Volume and 2022 Supplement) 25
7681
77- (dd) “Violation” means a violation for which a citation is issued under:
82+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
83+That the Laws of Maryland read as follows: 27
7884
79- (1) § 5–601 of the Criminal Law Article involving the use or possession of
80-cannabis;
85+Article – Courts and Judicial Proceedings 28
8186
82- (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
87+3–8A–01. 29
8388
84- (3) § 10–132 of the Criminal Law Article;
89+ (a) In this subtitle the following words have the meanings indicated, unless the 30
90+context of their use indicates otherwise. 31
8591
86- (4) § 10–136 of the Criminal Law Article; or
92+ (dd) “Violation” means a violation for which a citation is issued under: 32
8793
88- (5) § 26–103 of the Education Article.
94+ (1) § 5–601 of the Criminal Law Article involving the use or possession of 33
95+cannabis; 34
8996
90-3–8A–14.
97+ (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 35 SENATE BILL 292 3
9198
92- (a) A child may be taken into custody under this subtitle by any of the following
93-methods:
9499
95- (1) Pursuant to an order of the court;
96100
97- (2) By a law enforcement officer pursuant to the law of arrest; WES MOORE, Governor Ch. 686
101+ (3) § 10–132 of the Criminal Law Article; 1
98102
99- 3 –
103+ (4) § 10136 of the Criminal Law Article; or 2
100104
101- (3) By a law enforcement officer or other person authorized by the court if
102-the officer or other person has reasonable grounds to believe that the child is in immediate
103-danger from the child’s surroundings and that the child’s removal is necessary for the
104-child’s protection;
105+ (5) § 26–103 of the Education Article. 3
105106
106- (4) By a law enforcement officer or other person authorized by the court if
107-the officer or other person has reasonable grounds to believe that the child has run away
108-from the child’s parents, guardian, or legal custodian; or
107+3–8A–14. 4
109108
110- (5) In accordance with § 3–8A–14.1 of this subtitle.
109+ (a) A child may be taken into custody under this subtitle by any of the following 5
110+methods: 6
111111
112- (b) (1) (i) If a law enforcement officer takes a child into custody, the officer
113-shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian
114-in a manner reasonably calculated to give actual notice of the action.
112+ (1) Pursuant to an order of the court; 7
115113
116- (ii) The notice required under subparagraph (i) of this paragraph
117-shall:
114+ (2) By a law enforcement officer pursuant to the law of arrest; 8
118115
119- 1. Include the child’s location;
116+ (3) By a law enforcement officer or other person authorized by the court if 9
117+the officer or other person has reasonable grounds to believe that the child is in immediate 10
118+danger from the child’s surroundings and that the child’s removal is necessary for the 11
119+child’s protection; 12
120120
121- 2. Provide the reason for the child being taken into custody;
122-and
121+ (4) By a law enforcement officer or other person authorized by the court if 13
122+the officer or other person has reasonable grounds to believe that the child has run away 14
123+from the child’s parents, guardian, or legal custodian; or 15
123124
124- 3. Instruct the parent, guardian, or custodian on how to
125-make immediate in–person contact with the child.
125+ (5) In accordance with § 3–8A–14.1 of this subtitle. 16
126126
127- (2) After making every reasonable effort to give actual notice to a child’s
128-parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
127+ (b) (1) (i) If a law enforcement officer takes a child into custody, the officer 17
128+shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian 18
129+in a manner reasonably calculated to give actual notice of the action. 19
129130
130- (i) Release the child to the child’s parents, guardian, or custodian or
131-to any other person designated by the court, upon their written promise to bring the child
132-before the court when requested by the court, and such security for the child’s appearance
133-as the court may reasonably require, unless the child’s placement in detention or shelter
134-care is permitted and appears required by § 3–8A–15 of this subtitle; or
131+ (ii) The notice required under subparagraph (i) of this paragraph 20
132+shall: 21
135133
136- (ii) Deliver the child to the court or a place of detention or shelter
137-care designated by the court.
134+ 1. Include the child’s location; 22
138135
139- (c) If a parent, guardian, or custodian fails to bring the child before the court
140-when requested, the court may:
136+ 2. Provide the reason for the child being taken into custody; 23
137+and 24
141138
142- (1) Issue a writ of attachment directing that the child be taken into custody
143-and brought before the court; and
139+ 3. Instruct the parent, guardian, or custodian on how to 25
140+make immediate in–person contact with the child. 26
144141
145- (2) Proceed against the parent, guardian, or custodian for contempt. Ch. 686 2023 LAWS OF MARYLAND
142+ (2) After making every reasonable effort to give actual notice to a child’s 27
143+parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed: 28
146144
147-– 4 –
145+ (i) Release the child to the child’s parents, guardian, or custodian or 29
146+to any other person designated by the court, upon their written promise to bring the child 30 4 SENATE BILL 292
148147
149- (d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
150-MEANINGS INDICATED .
151148
152- (II) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN §
153-8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
149+before the court when requested by the court, and such security for the child’s appearance 1
150+as the court may reasonably require, unless the child’s placement in detention or shelter 2
151+care is permitted and appears required by § 3–8A–15 of this subtitle; or 3
154152
155- (III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701
156-OF THE FAMILY LAW ARTICLE.
153+ (ii) Deliver the child to the court or a place of detention or shelter 4
154+care designated by the court. 5
157155
158- (IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING
159-STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
156+ (c) If a parent, guardian, or custodian fails to bring the child before the court 6
157+when requested, the court may: 7
160158
161- (2) In addition to the requirements for reporting child abuse and neglect
162-under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe
163-that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of
164-the Family Law Article] OR A VICTIM OF HUMAN TR AFFICKING, the law
165-enforcement officer shall [notify any], AS SOON AS PRACTICAB LE:
159+ (1) Issue a writ of attachment directing that the child be taken into custody 8
160+and brought before the court; and 9
166161
167- (I) NOTIFY AN appropriate regional navigator, as defined in §
168-5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into
169-custody or where the child is a resident that the child is a suspected victim of sex trafficking
170-OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL N AVIGATOR
171-CAN COORDINATE A SER VICE RESPONSE ;
162+ (2) Proceed against the parent, guardian, or custodian for contempt. 10
172163
173- (II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE
174-CHILD IS A SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF
175-HUMAN TRAFFICKING ; AND
164+ (d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 11
165+MEANINGS INDICATED . 12
176166
177- (III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN,
178-OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHIL D
179-WELFARE AGENCY IF TH ERE IS REASON TO BELIEVE THAT THE C HILD’S SAFETY WILL
180-BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR
181-CUSTODIAN.
167+ (II) “QUALIFYING OFFENSE ” HAS THE MEANING STATED IN § 13
168+8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 14
182169
183- (3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A
184-SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN
185-TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT
186-DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER §
187-9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE
188-CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF
189-THE CRIMINAL LAW ARTICLE.
190- WES MOORE, Governor Ch. 686
170+ (III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 15
171+OF THE FAMILY LAW ARTICLE. 16
191172
192-– 5 –
193- (e) The Supreme Court of Maryland may adopt rules concerning
194-age–appropriate language to be used to advise a child who is taken into custody of the
195-child’s rights.
173+ (IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 17
174+STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 18
196175
197-3–8A–17.13.
176+ (2) In addition to the requirements for reporting child abuse and neglect 19
177+under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 20
178+that a child who has been detained is a victim of sex trafficking[, as defined in § 5–701 of 21
179+the Family Law Article] OR A VICTIM OF HUMAN TRAFFICKING , the law 22
180+enforcement officer shall [notify any], AS SOON AS PRACTICAB LE: 23
198181
199- (A) (1) IN THIS SECTION TH E FOLLOWING WORDS HA VE THE MEANINGS
200-INDICATED.
182+ (I) NOTIFY AN appropriate regional navigator, as defined in § 24
183+5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 25
184+custody or where the child is a resident that the child is a suspected victim of sex trafficking 26
185+OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL N AVIGATOR 27
186+CAN COORDINATE A SERVICE RESPONSE; 28
201187
202- (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF
203-THE CRIMINAL PROCEDURE ARTICLE.
188+ (II) REPORT TO THE LOCAL C HILD WELFARE AGENCY THAT THE 29
189+CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTIM OF 30
190+HUMAN TRAFFICKING ; AND 31
204191
205- (3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN §
206-5–704.4 OF THE FAMILY LAW ARTICLE.
192+ (III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 32
193+OR CUSTODIAN IF IT IS SAFE AND APPROPRIATE TO DO SO, OR TO THE LOCAL CHIL D 33 SENATE BILL 292 5
207194
208- (4) “SEX TRAFFICKING” HAS THE MEANING STAT ED IN § 5–701 OF THE
209-FAMILY LAW ARTICLE.
210195
211- (5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN
212-§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
196+WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 1
197+BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 2
198+CUSTODIAN. 3
213199
214- (B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS
215-COMMITTED A QUALIFY ING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER §
216-3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS
217-SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S
218-COUNSEL OR THE STATE’S ATTORNEY, SHALL:
200+ (3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHILD WHO IS A 4
201+SUSPECTED VICTIM OF SEX TRAFFICKING OR A SUSPECTED VICTIM OF HUMAN 5
202+TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 6
203+DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER § 7
204+9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 8
205+CHILD IS A SUSPECTED COMMISSION OF A QUAL IFYING OFFENSE OR § 3–1102 OF 9
206+THE CRIMINAL LAW ARTICLE. 10
219207
220- (I) MAKE THE DETERMINATIO N REQUIRED UNDER
221-PARAGRAPH (3) OF THIS SUBSECTION ;
208+ (e) The Supreme Court of Maryland may adopt rules concerning 11
209+age–appropriate language to be used to advise a child who is taken into custody of the 12
210+child’s rights. 13
222211
223- (II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS
224-MADE; AND
212+3–8A–17.13. 14
225213
226- (III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY
227-THE DEPARTMENT OF HUMAN SERVICES.
214+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
215+INDICATED. 16
228216
229- (2) THE COURT:
217+ (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 17
218+THE CRIMINAL PROCEDURE ARTICLE. 18
230219
231- (I) SHALL SCHEDULE A HEARING WITHIN 15 DAYS AFTER A
232-MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND
220+ (3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 19
221+5–704.4 OF THE FAMILY LAW ARTICLE. 20
233222
234- (II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE
235-HEARING AN ADDITIONA L 15 DAYS.
236- Ch. 686 2023 LAWS OF MARYLAND
223+ (4) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 21
224+FAMILY LAW ARTICLE. 22
237225
238-– 6 –
239- (3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON
240-THE RECORD AND B Y A PREPONDERANCE OF THE EVIDENCE , WHETHER THE CHILD :
226+ (5) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 23
227+§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 24
241228
242- (I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN
243-TRAFFICKING; AND
229+ (B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 25
230+COMMITTED A QUALIFYI NG OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 26
231+3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE CO URT UNDER THIS 27
232+SUBTITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF THE CHILD’S 28
233+COUNSEL OR THE STATE’S ATTORNEY, SHALL: 29
244234
245- (II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR
246-OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF
247-BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING.
235+ (I) MAKE THE DETERMINATIO N REQUIRED UNDER 30
236+PARAGRAPH (3) OF THIS SUBSECTION ; 31
248237
249- (4) THE COURT SHALL DISMI SS THE CASE CHARGE FOR ANY
250-QUALIFYING OFFENSE , VIOLATION, OR OFFENSE UNDER § 3–1102 OF THE CRIMINAL
251-LAW ARTICLE IF THE COURT FINDS T HAT THE CHILD:
238+ (II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 32
239+MADE; AND 33 6 SENATE BILL 292
252240
253- (I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN
254-TRAFFICKING; AND
255241
256- (II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR
257-OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF
258-BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING .
259242
260-Article – Criminal Law
243+ (III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 1
244+THE DEPARTMENT OF HUMAN SERVICES. 2
261245
262-1–402.
246+ (2) THE COURT: 3
263247
264- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
265-INDICATED.
248+ (I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 4
249+MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 5
266250
267- (2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN §
268-8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
251+ (II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 6
252+HEARING AN ADDITIONA L 15 DAYS. 7
269253
270- (3) “SEX TRAFFICKING ” HAS THE MEANING STATED I N § 5–701 OF THE
271-FAMILY LAW ARTICLE.
254+ (3) THE COURT SHALL DETER MINE, BY EVIDENCE PRESENTE D ON 8
255+THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD : 9
272256
273- (4) VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN
274-§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE.
257+ (I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 10
258+TRAFFICKING; AND 11
275259
276- (5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE
277-COURTS ARTICLE.
260+ (II) COMMITTED THE QUALIFYING OFFEN SE, VIOLATION, OR 12
261+OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 13
262+BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 14
278263
279- (B) A MINOR MAY NOT BE CRIMINALL Y PROSECUTED OR PROC EEDED
280-AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A
281-QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS WES MOORE, Governor Ch. 686
264+ (4) THE COURT SHALL DISMI SS THE CASE CHARGE FOR ANY 15
265+QUALIFYING OFFE NSE, VIOLATION, OR OFFENSE UNDER § 3–1102 OF THE CRIMINAL 16
266+LAW ARTICLE IF THE COURT FINDS T HAT THE CHILD: 17
282267
283-– 7 –
284-ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF
285-BEING A VICTIM OF SEX TRAF FICKING OR BEING A V ICTIM OF HUMAN TRAFF ICKING.
268+ (I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 18
269+TRAFFICKING; AND 19
286270
287-Article – Criminal Procedure
271+ (II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 20
272+OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 21
273+BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 22
288274
289-8302.
275+Article Criminal Law 23
290276
291- (a) (1) In this section the following words have the meanings indicated.
277+1–402. 24
292278
293- (2) “Qualifying offense” means:
279+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
280+INDICATED. 26
294281
295- (i) unnatural or perverted sexual practice under § 3–322 of the
296-Criminal Law Article;
282+ (2) “QUALIFYING OFFENSE” HAS THE MEANING STAT ED IN § 27
283+8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 28
297284
298- (ii) possessing or administering a controlled dangerous substance
299-under § 5–601 of the Criminal Law Article;
285+ (3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 29
286+FAMILY LAW ARTICLE. 30 SENATE BILL 292 7
300287
301- (iii) possessing or purchasing a noncontrolled substance under §
302-5–618 of the Criminal Law Article;
303288
304- (iv) possessing or distributing controlled paraphernalia under §
305-5–620(a)(2) of the Criminal Law Article;
306289
307- (v) fourth–degree burglary under § 6–205 of the Criminal Law
308-Article;
290+ (4) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING STAT ED IN 1
291+§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 2
309292
310- (vi) malicious destruction of property in the lesser degree under §
311-6–301(c) of the Criminal Law Article;
293+ (5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 3
294+COURTS ARTICLE. 4
312295
313- (vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law
314-Article;
296+ (B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 5
297+AGAINST UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE FOR A 6
298+QUALIFYING OFFENSE , A VIOLATION, OR AN OFFENSE UNDER § 3–1102 OF THIS 7
299+ARTICLE IF THE MINOR COMMITT ED THE UNDERLYING AC T AS A DIRECT RESULT OF 8
300+BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 9
315301
316- (viii) misdemeanor theft under § 7104 of the Criminal Law Article;
302+Article – Criminal Procedure 10
317303
318- (ix) misdemeanor obtaining property or services by bad check under
319-§ 8–103 of the Criminal Law Article;
304+8–302. 11
320305
321- (x) possession or use of a fraudulent government identification
322-document under § 8–303 of the Criminal Law Article;
306+ (a) (1) In this section the following words have the meanings indicated. 12
323307
324- (xi) public assistance fraud under § 8–503 of the Criminal Law
325-Article;
308+ (2) “Qualifying offense” means: 13
326309
327- (xii) false statement to a law enforcement officer or public official
328-under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article;
329- Ch. 686 2023 LAWS OF MARYLAND
310+ (i) unnatural or perverted sexual practice under § 3–322 of the 14
311+Criminal Law Article; 15
330312
331-– 8 –
332- (xiii) disturbing the public peace and disorderly conduct under §
333-10–201 of the Criminal Law Article;
313+ (ii) possessing or administering a controlled dangerous substance 16
314+under § 5–601 of the Criminal Law Article; 17
334315
335- (xiv) indecent exposure under § 11–107 of the Criminal Law Article;
316+ (iii) possessing or purchasing a noncontrolled substance under § 18
317+5–618 of the Criminal Law Article; 19
336318
337- (xv) prostitution under § 11–303 of the Criminal Law Article;
319+ (iv) possessing or distributing controlled paraphernalia under § 20
320+5–620(a)(2) of the Criminal Law Article; 21
338321
339- (xvi) driving with a suspended registration under § 13401(h) of the
340-Transportation Article;
322+ (v) fourth–degree burglary under § 6205 of the Criminal Law 22
323+Article; 23
341324
342- (xvii) failure to display registration under § 13–409(b) of the
343-Transportation Article;
325+ (vi) malicious destruction of property in the lesser degree under § 24
326+6–301(c) of the Criminal Law Article; 25
344327
345- (xviii) driving without a license under § 16–101 of the Transportation
346-Article;
328+ (vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 26
329+Article; 27
347330
348- (xix) failure to display license to police under § 16–112(c) of the
349-Transportation Article;
331+ (viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 28
350332
351- (xx) possession of a suspended license under § 16–301(j) of the
352-Transportation Article;
333+ (ix) misdemeanor obtaining property or services by bad check under 29
334+§ 8–103 of the Criminal Law Article; 30 8 SENATE BILL 292
353335
354- (xxi) driving while privilege is canceled, suspended, refused, or
355-revoked under § 16–303 of the Transportation Article;
356336
357- (xxii) owner failure to maintain security on a vehicle under § 17–104(b)
358-of the Transportation Article;
359337
360- (xxiii) driving while uninsured under § 17–107 of the Transportation
361-Article; [or]
338+ (x) possession or use of a fraudulent government identification 1
339+document under § 8–303 of the Criminal Law Article; 2
362340
363- (xxiv) prostitution or loitering as prohibited under local law;
341+ (xi) public assistance fraud under § 8–503 of the Criminal Law 3
342+Article; 4
364343
365- (XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE
366-TRANSPORTATION ARTICLE; OR
344+ (xii) false statement to a law enforcement officer or public official 5
345+under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 6
367346
368- (XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION
369-OR ASSIGNATION UNDER § 11306 OF THE CRIMINAL LAW ARTICLE.
347+ (xiii) disturbing the public peace and disorderly conduct under § 7
348+10201 of the Criminal Law Article; 8
370349
371- (3) “Victim of human trafficking” means a person who has been subjected
372-to an act of another committed in violation of:
350+ (xiv) indecent exposure under § 11–107 of the Criminal Law Article; 9
373351
374- (i) Title 3, Subtitle 11 of the Criminal Law Article; or
352+ (xv) prostitution under § 11–303 of the Criminal Law Article; 10
375353
376- (ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States
377-Code. WES MOORE, Governor Ch. 686
354+ (xvi) driving with a suspended registration under § 13–401(h) of the 11
355+Transportation Article; 12
378356
379-– 9 –
357+ (xvii) failure to display registration under § 13–409(b) of the 13
358+Transportation Article; 14
380359
381- (b) A person convicted of a qualifying offense may file a motion to vacate the
382-judgment if the person’s participation in the offense was a direct result of being a victim of
383-human trafficking.
360+ (xviii) driving without a license under § 16–101 of the Transportation 15
361+Article; 16
384362
385-Article – Family Law
363+ (xix) failure to display license to police under § 16–112(c) of the 17
364+Transportation Article; 18
386365
387-5–701.
366+ (xx) possession of a suspended license under § 16–301(j) of the 19
367+Transportation Article; 20
388368
389- (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the
390-following words have the meanings indicated.
369+ (xxi) driving while privilege is canceled, suspended, refused, or 21
370+revoked under § 16–303 of the Transportation Article; 22
391371
392- (x) “Sex trafficking” means the recruitment, harboring, transportation, provision,
393-obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.
372+ (xxii) owner failure to maintain security on a vehicle under § 17–104(b) 23
373+of the Transportation Article; 24
394374
395- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
396-October 1, 2023.
375+ (xxiii) driving while uninsured under § 17–107 of the Transportation 25
376+Article; [or] 26
397377
398-Approved by the Governor, May 16, 2023.
378+ (xxiv) prostitution or loitering as prohibited under local law; 27
379+
380+ (XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 28
381+TRANSPORTATION ARTICLE; OR 29
382+ SENATE BILL 292 9
383+
384+
385+ (XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 1
386+OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 2
387+
388+ (3) “Victim of human trafficking” means a person who has been subjected 3
389+to an act of another committed in violation of: 4
390+
391+ (i) Title 3, Subtitle 11 of the Criminal Law Article; or 5
392+
393+ (ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 6
394+Code. 7
395+
396+ (b) A person convicted of a qualifying offense may file a motion to vacate the 8
397+judgment if the person’s participation in the offense was a direct result of being a victim of 9
398+human trafficking. 10
399+
400+Article – Family Law 11
401+
402+5–701. 12
403+
404+ (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 13
405+following words have the meanings indicated. 14
406+
407+ (x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 15
408+obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 16
409+
410+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
411+October 1, 2023. 18
412+
413+
414+
415+
416+Approved:
417+________________________________________________________________________________
418+ Governor.
419+________________________________________________________________________________
420+ President of the Senate.
421+________________________________________________________________________________
422+ Speaker of the House of Delegates.