Maryland 2023 Regular Session

Maryland Senate Bill SB684 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
4	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	5		sb0684
9	6
10	7		SENATE BILL 684
11	8		E2, E5 3lr2374
12	9
13	10		By: Senator Waldstreicher
14	11		Introduced and read first time: February 6, 2023
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 7, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Criminal Procedure – Victims’ Rights – Notification of Release From 2
25	19		Confinement 3
26		-	(Jaycee Webster Victims’ Rights Act) 4
27	20
28		-	FOR the purpose of requiring a certain commitment unit to include in a notification given 5
29		-	to a victim, victim’s representative, or witness regarding the release from 6
30		-	confinement of a sentenced defendant or child respondent the name and telephone 7
31		-	number of a certain victim services employee; and generally relating to victims’ 8
32		-	rights. 9
	21	+	FOR the purpose of requiring a certain commitment unit to include in a notification given 4
	22	+	to a victim, victim’s representative, or witness regarding the release from 5
	23	+	confinement of a sentenced defendant or child respondent the name and telephone 6
	24	+	number of a certain victim services employee; and generally relating to victims’ 7
	25	+	rights. 8
33	26
34		-	BY repealing and reenacting, with amendments, 10
35		-	Article – Criminal Procedure 11
36		-	Section 11–508 12
37		-	Annotated Code of Maryland 13
38		-	(2018 Replacement Volume and 2022 Supplement) 14
	27	+	BY repealing and reenacting, with amendments, 9
	28	+	Article – Criminal Procedure 10
	29	+	Section 11–508 11
	30	+	Annotated Code of Maryland 12
	31	+	(2018 Replacement Volume and 2022 Supplement) 13
39	32
40		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
41		-	That the Laws of Maryland read as follows: 16
	33	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
	34	+	That the Laws of Maryland read as follows: 15
42	35
43		-	Article – Criminal Procedure 17
	36	+	Article – Criminal Procedure 16
44	37
45		-	11–508. 18
	38	+	11–508. 17
46	39
47		-	(a) (1) In this section the following words have the meanings indicated. 19
48		-	2 SENATE BILL 684
	40	+	(a) (1) In this section the following words have the meanings indicated. 18
49	41
	42	+	(2) “Commitment unit” means a unit that a court orders to retain custody 19
	43	+	of a defendant or a child respondent and that receives a notification request form under § 20
	44	+	11–104(g)(1) or (h) of this title. 21
50	45
51		-	(2) “Commitment unit” means a unit that a court orders to retain custody 1
52		-	of a defendant or a child respondent and that receives a notification request form under § 2
53		-	11–104(g)(1) or (h) of this title. 3
54		-
55		-	(3) “Release from confinement” means work release, home detention, or 4
56		-	other administrative or statutorily authorized release of a defendant or child respondent 5
57		-	from a confinement facility. 6
58		-
59		-	(4) “Witness” means a person who: 7
60		-
61		-	(i) knows of facts relating to a crime of violence or conspiracy or 8
62		-	solicitation to commit a crime of violence; and 9
63		-
64		-	(ii) 1. makes a declaration under oath that is received as 10
65		-	evidence for any purpose; or 11
66		-
67		-	2. has been served with a subpoena issued under the 12
68		-	authority of a court of this or any other state or of the United States. 13
69		-
70		-	(b) This section applies to a victim or victim’s representative who has submitted 14
71		-	a notification request form under § 11–104 of this title. 15
72		-
73		-	(c) This section applies if a witness requests in writing that a commitment unit 16
74		-	notify the witness in writing of the release from confinement of a defendant or child 17
75		-	respondent. 18
76		-
77		-	(d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this 19
78		-	title or a written request from a witness for notification, a commitment unit, if practicable, 20
79		-	shall notify the victim, victim’s representative, or witness of: 21
80		-
81		-	(1) receipt of the notification request form; 22
82		-
83		-	(2) the date when the defendant or child respondent was placed in the 23
84		-	custody of the commitment unit; 24
85		-
86		-	(3) how to change the address to receive notice for the victim, victim’s 25
87		-	representative, witness, or the person to receive notice for the victim; and 26
88		-
89		-	(4) how to elect not to receive future notices. 27
90		-
91		-	(e) (1) The commitment unit shall notify a victim, victim’s representative, or 28
92		-	witness, in advance if practicable, if any of the following events occur concerning the 29
93		-	defendant or child respondent: 30
94		-
95		-	[(1)] (I) an escape; 31
96		-
97		-	[(2)] (II) a recapture; 32 SENATE BILL 684 3
	46	+	(3) “Release from confinement” means work release, home detention, or 22
	47	+	other administrative or statutorily authorized release of a defendant or child respondent 23
	48	+	from a confinement facility. 24 2 SENATE BILL 684
98	49
99	50
100	51
101		-	~~[(3)]~~ (~~III~~) a ~~transfer to another commitment unit;~~ 1
	52	+	(4) “Witness” means a person who: 1
102	53
103		-	~~[(4)]~~ (IV) a ~~release from confinement and any conditions attached to the~~ 2
104		-	~~release~~; and 3
	54	+	(i) knows of facts relating to a crime of violence or conspiracy or 2
	55	+	solicitation to commit a crime of violence; and 3
105	56
106		-	[(5)] (V) the death of the defendant or child respondent. 4
	57	+	(ii) 1. makes a declaration under oath that is received as 4
	58	+	evidence for any purpose; or 5
107	59
108		-	(2) WHEN A SENTENCED DEFE NDANT OR CHILD RESPO NDENT IS 5
109		-	BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUDE IN 6
110		-	THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION THE 7
111		-	NAME AND TELEPHONE N UMBER OF THE LEAD VI CTIM SERVICES EMPLOY EE OF THE 8
112		-	STATE’S ATTORNEY’S OFFICE OF THE COUN TY IN WHICH THE SENT ENCED 9
113		-	DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED. 10
	60	+	2. has been served with a subpoena issued under the 6
	61	+	authority of a court of this or any other state or of the United States. 7
114	62
115		-	(f) A commitment unit may not disclose to a defendant or child respondent the 11
116		-	address or telephone number of a witness, victim, victim’s representative, or person who 12
117		-	receives notice for the victim. 13
	63	+	(b) This section applies to a victim or victim’s representative who has submitted 8
	64	+	a notification request form under § 11–104 of this title. 9
118	65
119		-	(g) An elected public official, public employee, or public unit has the immunity 14
120		-	described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages 15
121		-	arising out of an action relating to this section, unless the official, employee, or unit acts 16
122		-	with gross negligence or in bad faith. 17
	66	+	(c) This section applies if a witness requests in writing that a commitment unit 10
	67	+	notify the witness in writing of the release from confinement of a defendant or child 11
	68	+	respondent. 12
123	69
124		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
125		-	October 1, 2023. 19
	70	+	(d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this 13
	71	+	title or a written request from a witness for notification, a commitment unit, if practicable, 14
	72	+	shall notify the victim, victim’s representative, or witness of: 15
	73	+
	74	+	(1) receipt of the notification request form; 16
	75	+
	76	+	(2) the date when the defendant or child respondent was placed in the 17
	77	+	custody of the commitment unit; 18
	78	+
	79	+	(3) how to change the address to receive notice for the victim, victim’s 19
	80	+	representative, witness, or the person to receive notice for the victim; and 20
	81	+
	82	+	(4) how to elect not to receive future notices. 21
	83	+
	84	+	(e) (1) The commitment unit shall notify a victim, victim’s representative, or 22
	85	+	witness, in advance if practicable, if any of the following events occur concerning the 23
	86	+	defendant or child respondent: 24
	87	+
	88	+	[(1)] (I) an escape; 25
	89	+
	90	+	[(2)] (II) a recapture; 26
	91	+
	92	+	[(3)] (III) a transfer to another commitment unit; 27
	93	+
	94	+	[(4)] (IV) a release from confinement and any conditions attached to the 28
	95	+	release; and 29
	96	+	SENATE BILL 684 3
126	97
127	98
	99	+	[(5)] (V) the death of the defendant or child respondent. 1
128	100
	101	+	(2) WHEN A SENTENCED DEFENDANT OR CHILD R ESPONDENT IS 2
	102	+	BEING RELEASED FROM CONFIN EMENT, THE COMMITMENT UNIT SHALL INCLUDE IN 3
	103	+	THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION THE 4
	104	+	NAME AND TELEPHONE N UMBER OF THE LEAD VI CTIM SERVICES EMPLOY EE OF THE 5
	105	+	STATE’S ATTORNEY’S OFFICE OF THE COUNTY IN WHICH THE SENTENCED 6
	106	+	DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED. 7
129	107
130		-	Approved:
131		-	________________________________________________________________________________
132		-	Governor.
133		-	________________________________________________________________________________
134		-	President of the Senate.
135		-	________________________________________________________________________________
136		-	Speaker of the House of Delegates.
	108	+	(f) A commitment unit may not disclose to a defendant or child respondent the 8
	109	+	address or telephone number of a witness, victim, victim’s representative, or person who 9
	110	+	receives notice for the victim. 10
	111	+
	112	+	(g) An elected public official, public employee, or public unit has the immunity 11
	113	+	described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages 12
	114	+	arising out of an action relating to this section, unless the official, employee, or unit acts 13
	115	+	with gross negligence or in bad faith. 14
	116	+
	117	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	118	+	October 1, 2023. 16