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 | |
42 | - | Article – | |
43 | - | Section | |
44 | - | Annotated Code of Maryland | |
45 | - | ( | |
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 | |
62 | - | Article – | |
63 | - | Section | |
64 | - | Annotated Code of Maryland | |
65 | - | ( | |
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 | - | ||
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 | - | ( | |
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 | |
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 | - | ( | |
101 | + | (3) § 10–132 of the Criminal Law Article; 1 | |
98 | 102 | ||
99 | - | – | |
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 | - | | |
140 | - | ||
136 | + | 2. Provide the reason for the child being taken into custody; 23 | |
137 | + | and 24 | |
141 | 138 | ||
142 | - | | |
143 | - | ||
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 | - | ( | |
156 | - | ||
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 | - | ( | |
159 | - | ||
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 | - | ( | |
206 | - | ||
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 | - | ( | |
227 | - | ||
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 | - | ( | |
232 | - | ||
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 | - | ||
246 | + | (2) THE COURT: 3 | |
263 | 247 | ||
264 | - | ( | |
265 | - | ||
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 | - | ( | |
268 | - | ||
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) | |
271 | - | ||
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 | - | ( | |
274 | - | ||
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 | - | ( | |
280 | - | ||
281 | - | ||
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 | - | ||
275 | + | Article – Criminal Law 23 | |
290 | 276 | ||
291 | - | ||
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 | - | ( | |
296 | - | Criminal | |
282 | + | (2) “QUALIFYING OFFENSE” HAS THE MEANING STAT ED IN § 27 | |
283 | + | 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 28 | |
297 | 284 | ||
298 | - | ( | |
299 | - | ||
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 | - | ( | |
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 | - | ( | |
311 | - | ||
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 | - | ||
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 | - | ( | |
340 | - | ||
322 | + | (v) fourth–degree burglary under § 6–205 of the Criminal Law 22 | |
323 | + | Article; 23 | |
341 | 324 | ||
342 | - | ( | |
343 | - | ||
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 | - | ( | |
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 | - | ( | |
352 | - | ||
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 | - | ( | |
361 | - | Article; | |
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 | - | ( | |
366 | - | ||
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 | - | ( | |
369 | - | ||
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 | - | ( | |
352 | + | (xv) prostitution under § 11–303 of the Criminal Law Article; 10 | |
375 | 353 | ||
376 | - | ( | |
377 | - | ||
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 | - | ( | |
390 | - | ||
369 | + | (xxi) driving while privilege is canceled, suspended, refused, or 21 | |
370 | + | revoked under § 16–303 of the Transportation Article; 22 | |
391 | 371 | ||
392 | - | ( | |
393 | - | ||
372 | + | (xxii) owner failure to maintain security on a vehicle under § 17–104(b) 23 | |
373 | + | of the Transportation Article; 24 | |
394 | 374 | ||
395 | - | | |
396 | - | ||
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. |