Maryland 2023 Regular Session

Maryland Senate Bill SB292 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 686
2	1
3		-	– 1 –
4		-	Chapter 686
5		-	(Senate Bill 292)
6	2
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
8	9
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
11	19
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 ______
22	21
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
28	23
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
34	26
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
40	37
41		-	BY ~~adding to~~
42		-	Article – ~~Criminal Law~~
43		-	Section 1–~~402~~
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 3–8A–01(a) and (dd) 16
	41	+	Annotated Code of Maryland 17
	42	+	(2020 Replacement Volume and 2022 Supplement) 18
46	43
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
50	49
51		-	– 2 –
52		-	Annotated Code of Maryland
53		-	(2018 Replacement Volume and 2022 Supplement)
54	50
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)
60	51
61		-	BY ~~repealing and reenacting,~~ ~~without amendments,~~
62		-	Article – ~~Family Law~~
63		-	Section 5–~~701(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 3–8A–17.13 3
	55	+	Annotated Code of Maryland 4
	56	+	(2020 Replacement Volume and 2022 Supplement) 5
66	57
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
69	63
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
71	69
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
73	75
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
76	81
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
78	84
79		-	(1) § 5–601 of the Criminal Law Article involving the use or possession of
80		-	cannabis;
	85	+	Article – Courts and Judicial Proceedings 28
81	86
82		-	~~(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;~~
	87	+	3–8A–01. 29
83	88
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
85	91
86		-	(4) ~~§ 10–136 of the Criminal Law Article;~~ or
	92	+	(dd) “Violation” means a violation for which a citation is issued under: 32
87	93
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
89	96
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
91	98
92		-	(a) A child may be taken into custody under this subtitle by any of the following
93		-	methods:
94	99
95		-	(1) Pursuant to an order of the court;
96	100
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
98	102
99		-	– ~~3 –~~
	103	+	(4) § 10–136 of the Criminal Law Article; or 2
100	104
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
105	106
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
109	108
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
111	111
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
115	113
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
118	115
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
120	120
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
123	124
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
126	126
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
129	130
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
135	133
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
138	135
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
141	138
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
144	141
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
146	144
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
148	147
149		-	(d) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
150		-	MEANINGS INDICATED .
151	148
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
154	152
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
157	155
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
160	158
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
166	161
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
172	163
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
176	166
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
182	169
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
191	172
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
196	175
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
198	181
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
201	187
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
204	191
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
207	194
208		-	(4) “SEX TRAFFICKING” HAS THE MEANING STAT ED IN § 5–701 OF THE
209		-	FAMILY LAW ARTICLE.
210	195
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
213	199
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
219	207
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
222	211
223		-	(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS
224		-	MADE; AND
	212	+	3–8A–17.13. 14
225	213
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
228	216
229		-	(2) THE COURT:
	217	+	(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 17
	218	+	THE CRIMINAL PROCEDURE ARTICLE. 18
230	219
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
233	222
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
237	225
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
241	228
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
244	234
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
248	237
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
252	240
253		-	(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN
254		-	TRAFFICKING; AND
255	241
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 .
259	242
260		-	Article – Criminal Law
	243	+	(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 1
	244	+	THE DEPARTMENT OF HUMAN SERVICES. 2
261	245
262		-	~~1–402.~~
	246	+	(2) THE COURT: 3
263	247
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
266	250
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
269	253
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
272	256
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
275	259
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
278	263
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
282	267
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
286	270
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
288	274
289		-	8–~~302.~~
	275	+	Article – Criminal Law 23
290	276
291		-	~~(a) (~~1~~) In this section the following words have the meanings indicated~~.
	277	+	1–402. 24
292	278
293		-	(2) “Qualifying offense” means:
	279	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
	280	+	INDICATED. 26
294	281
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
297	284
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
300	287
301		-	(iii) possessing or purchasing a noncontrolled substance under §
302		-	5–618 of the Criminal Law Article;
303	288
304		-	(iv) possessing or distributing controlled paraphernalia under §
305		-	5–620(a)(2) of the Criminal Law Article;
306	289
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
309	292
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
312	295
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
315	301
316		-	~~(viii) misdemeanor theft under § 7~~–~~104 of the~~ Criminal ~~Law Article;~~
	302	+	Article – Criminal Procedure 10
317	303
318		-	(ix) misdemeanor obtaining property or services by bad check under
319		-	§ 8–103 of the Criminal Law Article;
	304	+	8–302. 11
320	305
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
323	307
324		-	(xi) public assistance fraud under § 8–503 of the Criminal Law
325		-	Article;
	308	+	(2) “Qualifying offense” means: 13
326	309
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
330	312
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
334	315
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
336	318
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
338	321
339		-	(~~xvi~~) ~~driving with a suspended registration~~ under § 13–~~401(h)~~ of the
340		-	~~Transportation~~ Article;
	322	+	(v) fourth–degree burglary under § 6–205 of the Criminal Law 22
	323	+	Article; 23
341	324
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
344	327
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
347	330
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
350	332
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
353	335
354		-	(xxi) driving while privilege is canceled, suspended, refused, or
355		-	revoked under § 16–303 of the Transportation Article;
356	336
357		-	(xxii) owner failure to maintain security on a vehicle under § 17–104(b)
358		-	of the Transportation Article;
359	337
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
362	340
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
364	343
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
367	346
368		-	(~~XXVI~~) ~~SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION~~
369		-	~~OR ASSIGNATION UNDER § 11~~–~~306~~ OF THE CRIMINAL LAW ARTICLE.
	347	+	(xiii) disturbing the public peace and disorderly conduct under § 7
	348	+	10–201 of the Criminal Law Article; 8
370	349
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
373	351
374		-	(i) ~~Title 3,~~ ~~Subtitle~~ 11 of the Criminal Law Article; or
	352	+	(xv) prostitution under § 11–303 of the Criminal Law Article; 10
375	353
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
378	356
379		-	– 9 –
	357	+	(xvii) failure to display registration under § 13–409(b) of the 13
	358	+	Transportation Article; 14
380	359
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
384	362
385		-	Article – Family Law
	363	+	(xix) failure to display license to police under § 16–112(c) of the 17
	364	+	Transportation Article; 18
386	365
387		-	5–701.
	366	+	(xx) possession of a suspended license under § 16–301(j) of the 19
	367	+	Transportation Article; 20
388	368
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
391	371
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
394	374
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
397	377
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.