MD
Maryland Senate Bill SB615

Maryland 2023 Regular Session

Maryland Senate Bill SB615 Compare Versions

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1- WES MOORE, Governor Ch. 704
21
3-– 1 –
4-Chapter 704
5-(Senate Bill 615)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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+ *sb0615*
89
9-Governor’s Office of Crime Prevention, Youth, and Victim Services – Sexual
10-Assault Evidence Collection Kit Reporting Program
10+SENATE BILL 615
11+E4 3lr2769
12+ CF HB 759
13+By: Senator Hettleman
14+Introduced and read first time: February 6, 2023
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: March 6, 2023
1119
12-FOR the purpose of requiring the Governor’s Office of Crime Prevention, Youth, and Victim
13-Services to establish and administer a certain reporting program relating to sexual
14-assault evidence collection kits; requiring a law enforcement agency and a person
15-with control or possession of a sexual assault evidence collection kit to report certain
16-information to the program and comply with certain regulations; clarifying the uses
17-for the Rape Kit Testing Grant Fund; and generally relating to a sexual assault
18-evidence collection kit reporting program.
20+CHAPTER ______
1921
20-BY adding to
21- Article – Criminal Procedure
22-Section 11–926.1
23- Annotated Code of Maryland
24- (2018 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2523
26-BY repealing and reenacting, with amendments,
27- Article – Public Safety
28-Section 4–401
29- Annotated Code of Maryland
30- (2022 Replacement Volume)
24+Governor’s Office of Crime Prevention, Youth, and Victim Services – Sexual 2
25+Assault Evidence Collection Kit Reporting Program 3
3126
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
27+FOR the purpose of requiring the Governor’s Office of Crime Prevention, Youth, and Victim 4
28+Services to establish and administer a certain reporting program relating to sexual 5
29+assault evidence collection kits; requiring a law enforcement agency and a person 6
30+with control or possession of a sexual assault evidence collection kit to report certain 7
31+information to the program and comply with certain regulations; clarifying the uses 8
32+for the Rape Kit Testing Grant Fund; and generally relating to a sexual assault 9
33+evidence collection kit reporting program. 10
3434
35-Article – Criminal Procedure
35+BY adding to 11
36+ Article – Criminal Procedure 12
37+Section 11–926.1 13
38+ Annotated Code of Maryland 14
39+ (2018 Replacement Volume and 2022 Supplement) 15
3640
37-11–926.1.
41+BY repealing and reenacting, with amendments, 16
42+ Article – Public Safety 17
43+Section 4–401 18
44+ Annotated Code of Maryland 19
45+ (2022 Replacement Volume) 20
3846
39- (A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
40-VICTIM SERVICES SHALL ESTABLISH AND ADMINISTER A REPORTING PROGRAM FOR
41-TRACKING THE LOCATION , STATUS, AND CHAIN OF CUSTODY FOR SEXUAL ASSAULT
42-EVIDENCE COLLECTION KITS.
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
48+That the Laws of Maryland read as follows: 22 2 SENATE BILL 615
4349
44- (2) THE REPORTING PROGRAM SHALL:
4550
46- (I) TRACK THE LOCATION, STATUS, AND CHAIN OF CUSTODY OF
47-SEXUAL ASSAULT EVIDE NCE COLLECTION KITS IN THE STATE;
48- Ch. 704 2023 LAWS OF MARYLAND
4951
50-– 2 –
51- (II) RECEIVE INFORMATION RELATING TO THE LOCA TION,
52-STATUS, AND CHAIN OF CUSTODY FROM ANY LAW ENFORCE MENT AGENCY OR
53-PERSON WITH CONTROL OR POSSESSIO N OF A S EXUAL ASSAULT EVIDEN CE
54-COLLECTION KIT ; AND
52+Article – Criminal Procedure 1
5553
56- (III) ALLOW FOR A VICTIM O R A VICTIM’S REPRESENTATIVE TO
57-TRACK THE LOCATION , STATUS, AND CHAIN OF CUSTODY OF A SEXUAL ASSAULT
58-EVIDENCE COLLECTION KIT CONTAINING SAMPL ES TAKEN FROM THE VI CTIM.
54+11–926.1. 2
5955
60- (3) (I) INFORMATION CONTAINED IN THE REPORTING SYS TEM IS
61-NOT OPEN TO PUBLIC I NSPECTION.
56+ (A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 3
57+VICTIM SERVICES SHALL ESTABLISH AND ADMINISTER A REPORTING PROGRAM FOR 4
58+TRACKING THE LOCATION , STATUS, AND CHAIN OF CUSTODY FOR SEXUAL ASSAULT 5
59+EVIDENCE COLLECTION KITS. 6
6260
63- (II) THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
64-YOUTH, AND VICTIM SERVICES MAY DISCLOSE INFORMATION CONTAINED IN THE
65-REPORTING SYSTEM ONL Y TO:
61+ (2) THE REPORTING PROGRAM SHALL: 7
6662
67- 1. THE VICTIM ABOUT WHOM TH E INFORMATION
68-PERTAINS;
63+ (I) TRACK THE LOCATION, STATUS, AND CHAIN OF CUSTODY OF 8
64+SEXUAL ASSAULT EVIDE NCE COLLECTION KITS IN THE STATE; 9
6965
70- 2. A VICTIM’S REPRESENTATIVE FOR THE VICTIM ABOUT
71-WHOM THE INFORMATION PERTAINS;
66+ (II) RECEIVE INFORMATION RELATING TO THE LOCA TION, 10
67+STATUS, AND CHAIN OF CUSTODY FROM ANY LAW ENFORCE MENT AGENCY OR 11
68+PERSON WITH CONTROL OR POSSESSIO N OF A S EXUAL ASSAULT EVIDEN CE 12
69+COLLECTION KIT ; AND 13
7270
73- 3. A SEXUAL ASSAULT CRI SIS PROGRAM ESTABLIS HED
74-UNDER § 11–923 OF THIS SUBTITLE;
71+ (III) ALLOW FOR A VICTIM O R A VICTIM’S REPRESENTATIVE TO 14
72+TRACK THE LOCATION , STATUS, AND CHAIN OF CUSTODY OF A SEXUAL ASSAULT 15
73+EVIDENCE COLLECTION KIT CONTAINING SAMPL ES TAKEN FROM THE VI CTIM. 16
7574
76- 4. A CHILD ADVOCACY CEN TER ESTABLI SHED UNDER §
77-11–928 OF THIS SUBTITLE;
75+ (3) (I) INFORMATION CONTAINED IN THE REPORTING SYS TEM IS 17
76+NOT OPEN TO PUBLIC I NSPECTION. 18
7877
79- 5. A LAW ENFORCEMENT AG ENCY;
78+ (II) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 19
79+YOUTH, AND VICTIM SERVICES MAY DISCLOSE INFORMATION CONTAINED IN THE 20
80+REPORTING SYSTEM ONL Y TO: 21
8081
81- 6. A STATE’S ATTORNEY;
82+ 1. THE VICTIM ABOUT WHOM TH E INFORMATION 22
83+PERTAINS; 23
8284
83- 7. A PERSON AUTHORIZED BY THE GOVERNOR’S OFFICE
84-OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES TO RECEIVE T HE
85-INFORMATION ; OR
85+ 2. A VICTIM’S REPRESENTATIVE FOR THE VICTIM ABOUT 24
86+WHOM THE INFORMATION PERTAINS; 25
8687
87- 8. A PERSON ENTITLED TO RECEIVE THE INFORMAT ION
88-BY FEDERAL OR STATE LAW, SUBPOENA, COURT RULE, OR COURT ORDER .
88+ 3. A SEXUAL ASSAULT CRI SIS PROGRAM ESTABLIS HED 26
89+UNDER § 11–923 OF THIS SUBTITLE; 27
8990
90- (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING
91-OCTOBER 1, 2023, A LAW ENFORCEMENT AG ENCY OR ANY PERSON, INCLUDING A
92-HEALTH CARE PROVIDER, FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT WES MOORE, Governor Ch. 704
91+ 4. A CHILD ADVOCACY CEN TER ESTABLI SHED UNDER § 28
92+11–928 OF THIS SUBTITLE; 29
9393
94-– 3 –
95-HAS CONTROL OR POSSE SSION OF A SEXUAL ASSAULT EVI DENCE COLLECTION KIT
96-SHALL:
94+ 5. A LAW ENFORCEMENT AG ENCY; 30 SENATE BILL 615 3
9795
98- (I) REPORT LOCATION , STATUS, AND CHAIN OF CUSTODY
99-INFORMATION TO THE R EPORTING PROGRAM EST ABLISHED UNDER THIS SECTION
100-IN A MANNER REQUIRED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
101-YOUTH, AND VICTIM SERVICES; AND
10296
103- (II) COMPLY WITH ALL REGULATIONS DEVELOPED BY THE
104-GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES
105-UNDER THIS SECTION .
10697
107- (2) A LAW ENFORCEMENT AGENCY O R A PERSON, INCLUDING A
108-HEALTH CARE PROVIDER , FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT
109-HAD CONTROL OR POSSESSIO N OF A SEXUAL ASSAULT EVIDE NCE COLLECTION KIT
110-BEFORE OCTOBER 1, 2023, AND HAS CONTROL OR P OSSESSION OF THE SEX UAL
111-ASSAULT EVIDENCE COLLECTI ON KIT ON OR AFTER OCTOBER 1, 2023, SHALL
112-REPORT LOCATION, STATUS, AND CHAIN OF CUSTODY INF ORMATION TO THE
113-REPORTING PROGRAM ES TABLISHED UNDER THIS SECTION ON OR BEFORE
114-DECEMBER 31, 2025.
98+ 6. A STATE’S ATTORNEY; 1
11599
116- (C) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
117-VICTIM SERVICES, IN CONSULTATION WITH THE MARYLAND SEXUAL ASSAULT
118-EVIDENCE KIT POLICY AND FUNDING COMMITTEE, SHALL ADOPT ANY
119-REGULATIONS NECESSARY TO CARRY OUT THIS SE CTION.
100+ 7. A PERSON AUTHORIZED BY THE GOVERNOR’S OFFICE 2
101+OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES TO RECEIVE T HE 3
102+INFORMATION ; OR 4
120103
121- (2) REGULATIONS ADOPTED BY THE GOVERNOR’S OFFICE OF CRIME
122-PREVENTION, YOUTH, AND VICTIM SERVICES IN ACCORDANCE WITH THIS SECTION
123-SHALL INCLUDE:
104+ 8. A PERSON ENTITLED TO RECEIVE THE INFORMAT ION 5
105+BY FEDERAL OR STATE LAW, SUBPOENA, COURT RULE, OR COURT ORDER . 6
124106
125- (I) REQUIREMENTS FOR REPORTING THE LOCATION AND
126-CHAIN OF CUSTODY OF A SEXUAL ASSAULT EVI DENCE COLLECTION KIT TO THE
127-PROGRAM ESTABLISHED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
128-YOUTH, AND VICTIM SERVICES UNDER THIS S ECTION; AND
107+ (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING 7
108+OCTOBER 1, 2023, A LAW ENFORCEMENT AG ENCY OR ANY PERSON, INCLUDING A 8
109+HEALTH CARE PROVIDER, FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT 9
110+HAS CONTROL OR POSSE SSION OF A SEXUAL ASSAULT EVI DENCE COLLECTION KIT 10
111+SHALL: 11
129112
130- (II) PROCEDURES FOR DISCL OSING INFORMATION ABOUT
131-SEXUAL ASSAULT EVIDE NCE COLLECTION KITS INCLUDED IN THE REPO RTING
132-PROGRAM, INCLUDING D ISCLOSURE TO PARTIES AUTHORIZED T O RECEIVE
133-INFORMATION CONTAINE D IN THE REPORTING S YSTEM.
113+ (I) REPORT LOCATION , STATUS, AND CHAIN OF CUSTODY 12
114+INFORMATION TO THE R EPORTING PROGRAM EST ABLISHED UNDER THIS SECTION 13
115+IN A MANNER REQUIRED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 14
116+YOUTH, AND VICTIM SERVICES; AND 15
134117
135-Article – Public Safety
118+ (II) COMPLY WITH ALL REGULATIONS DEVELOPED BY THE 16
119+GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES 17
120+UNDER THIS SECTION . 18
136121
137-4–401. Ch. 704 2023 LAWS OF MARYLAND
122+ (2) A LAW ENFORCEMENT AGENCY O R A PERSON, INCLUDING A 19
123+HEALTH CARE PROVIDER , FORENSIC LABORATORY , OR STATE’S ATTORNEY, THAT 20
124+HAD CONTROL OR POSSESSIO N OF A SEXUAL ASSAULT EVIDE NCE COLLECTION KIT 21
125+BEFORE OCTOBER 1, 2023, AND HAS CONTROL OR P OSSESSION OF THE SEX UAL 22
126+ASSAULT EVIDENCE COLLECTI ON KIT ON OR AFTER OCTOBER 1, 2023, SHALL 23
127+REPORT LOCATION, STATUS, AND CHAIN OF CUSTODY INF ORMATION TO THE 24
128+REPORTING PROGRAM ES TABLISHED UNDER THIS SECTION ON OR BEFORE 25
129+DECEMBER 31, 2025. 26
138130
139-– 4 –
131+ (C) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 27
132+VICTIM SERVICES, IN CONSULTATION WITH THE MARYLAND SEXUAL ASSAULT 28
133+EVIDENCE KIT POLICY AND FUNDING COMMITTEE, SHALL ADOPT ANY 29
134+REGULATIONS NECESSARY TO CARRY OUT THIS SE CTION. 30
140135
141- (a) (1) In this section the following words have the meanings indicated.
136+ (2) REGULATIONS ADOPTED BY THE GOVERNOR’S OFFICE OF CRIME 31
137+PREVENTION, YOUTH, AND VICTIM SERVICES IN ACCORDANCE WITH THIS SECTION 32
138+SHALL INCLUDE: 33
139+ 4 SENATE BILL 615
142140
143- (2) “Forensic laboratory” means a facility, an entity, or a site that offers or
144-performs forensic analysis and is owned or operated by the State, a county or municipal
145-corporation in the State, or another governmental entity.
146141
147- (3) “Fund” means the Rape Kit Testing Grant Fund.
142+ (I) REQUIREMENTS FOR REPORTING THE LOCATION AND 1
143+CHAIN OF CUSTODY OF A SEXUAL ASSAULT EVI DENCE COLLECTION KIT TO THE 2
144+PROGRAM ESTABLISHED BY THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 3
145+YOUTH, AND VICTIM SERVICES UNDER THIS S ECTION; AND 4
148146
149- (4) “Law enforcement agency” means the Department of State Police or a
150-police department of a county or municipal corporation in the State.
147+ (II) PROCEDURES FOR DISCL OSING INFORMATION ABOUT 5
148+SEXUAL ASSAULT EVIDE NCE COLLECTION KITS INCLUDED IN THE REPO RTING 6
149+PROGRAM, INCLUDING D ISCLOSURE TO PARTIES AUTHORIZED T O RECEIVE 7
150+INFORMATION CONTAINE D IN THE REPORTING S YSTEM. 8
151151
152- (b) There is a Rape Kit Testing Grant Fund.
152+Article – Public Safety 9
153153
154- (c) The purpose of the Fund is to provide law enforcement agencies with funding
155-to pay for testing of sexual assault evidence collection kits by forensic laboratories.
154+4–401. 10
156155
157- (d) The Executive Director of the Governor’s Office of Crime Prevention, Youth,
158-and Victim Services shall:
156+ (a) (1) In this section the following words have the meanings indicated. 11
159157
160- (1) administer the Fund;
158+ (2) “Forensic laboratory” means a facility, an entity, or a site that offers or 12
159+performs forensic analysis and is owned or operated by the State, a county or municipal 13
160+corporation in the State, or another governmental entity. 14
161161
162- (2) establish and publish procedures for the distribution of funding to law
163-enforcement agencies;
162+ (3) “Fund” means the Rape Kit Testing Grant Fund. 15
164163
165- (3) ensure each jurisdiction in the State that has a forensic laboratory is
166-able to access the Fund;
164+ (4) “Law enforcement agency” means the Department of State Police or a 16
165+police department of a county or municipal corporation in the State. 17
167166
168- (4) consider the number of sexual assault incidents that were investigated
169-by a law enforcement agency in the prior fiscal year when distributing funding; and
167+ (b) There is a Rape Kit Testing Grant Fund. 18
170168
171- (5) submit a report with information on the distribution of funding to the
172-General Assembly, in accordance with § 2–1257 of the State Government Article, before
173-September 1 each year.
169+ (c) The purpose of the Fund is to provide law enforcement agencies with funding 19
170+to pay for testing of sexual assault evidence collection kits by forensic laboratories. 20
174171
175- (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
176-the State Finance and Procurement Article.
172+ (d) The Executive Director of the Governor’s Office of Crime Prevention, Youth, 21
173+and Victim Services shall: 22
177174
178- (2) The State Treasurer shall hold the Fund separately, and the
179-Comptroller shall account for the Fund.
175+ (1) administer the Fund; 23
180176
181- (f) The Fund consists of:
177+ (2) establish and publish procedures for the distribution of funding to law 24
178+enforcement agencies; 25
182179
183- (1) money appropriated in the State budget to the Fund;
180+ (3) ensure each jurisdiction in the State that has a forensic laboratory is 26
181+able to access the Fund; 27
184182
185- (2) any interest earnings of the Fund; and WES MOORE, Governor Ch. 704
183+ (4) consider the number of sexual assault incidents that were investigated 28
184+by a law enforcement agency in the prior fiscal year when distributing funding; and 29
185+ SENATE BILL 615 5
186186
187-– 5 –
188187
189- (3) any other money from any other source accepted for the benefit of the
190-Fund.
188+ (5) submit a report with information on the distribution of funding to the 1
189+General Assembly, in accordance with § 2–1257 of the State Government Article, before 2
190+September 1 each year. 3
191191
192- (g) (1) The Fund may be used only for equipment, supplies, personnel, and
193-outsourcing necessary for the testing of sexual assault evidence collection kits in forensic
194-laboratories.
192+ (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 4
193+the State Finance and Procurement Article. 5
195194
196- (2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , THE FUND
197-MAY BE USED FOR EQUI PMENT, SUPPLIES, PERSONNEL, AND OUTSOURCING
198-NECESSARY FOR THE TE STING OF SEXUAL ASSA ULT EVIDENCE COLLECT ION KITS
199-COLLECTED BEFORE OR AFTER THE ESTABLISHMENT OF THE FUND.
195+ (2) The State Treasurer shall hold the Fund separately, and the 6
196+Comptroller shall account for the Fund. 7
200197
201- (h) (1) The State Treasurer shall invest the money of the Fund in the same
202-manner as other State money may be invested.
198+ (f) The Fund consists of: 8
203199
204- (2) Any interest earnings of the Fund, including interest earnings under
205-subsection (f) of this section, shall be credited to the Fund.
200+ (1) money appropriated in the State budget to the Fund; 9
206201
207- (i) Expenditures from the Fund may be made only in accordance with the State
208-budget.
202+ (2) any interest earnings of the Fund; and 10
209203
210- (j) Money expended from the Fund for testing of sexual assault evidence
211-collection kits is supplemental to and is not intended to take the place of funding that
212-otherwise would be appropriated for testing of sexual assault evidence collection kits.
204+ (3) any other money from any other source accepted for the benefit of the 11
205+Fund. 12
213206
214- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
215-October 1, 2023.
207+ (g) (1) The Fund may be used only for equipment, supplies, personnel, and 13
208+outsourcing necessary for the testing of sexual assault evidence collection kits in forensic 14
209+laboratories. 15
216210
217-Approved by the Governor, May 16, 2023.
211+ (2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION , THE FUND 16
212+MAY BE USED FOR EQUI PMENT, SUPPLIES, PERSONNEL, AND OUTSOURCING 17
213+NECESSARY FOR THE TE STING OF SEXUAL ASSA ULT EVIDENCE COLLECT ION KITS 18
214+COLLECTED BEFORE OR AFTER THE ESTABLISHMENT OF THE FUND. 19
215+
216+ (h) (1) The State Treasurer shall invest the money of the Fund in the same 20
217+manner as other State money may be invested. 21
218+
219+ (2) Any interest earnings of the Fund, including interest earnings under 22
220+subsection (f) of this section, shall be credited to the Fund. 23
221+
222+ (i) Expenditures from the Fund may be made only in accordance with the State 24
223+budget. 25
224+
225+ (j) Money expended from the Fund for testing of sexual assault evidence 26
226+collection kits is supplemental to and is not intended to take the place of funding that 27
227+otherwise would be appropriated for testing of sexual assault evidence collection kits. 28
228+
229+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
230+October 1, 2023. 30