EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0789*
SENATE BILL 789
E2 3lr2847
CF HB 758
By: Senator Hettleman
Introduced and read first time: February 6, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Sexual Assault Evidence Collection Kits – Preservation and Storage 2
FOR the purpose of altering requirements for the storage and preservation of sexual assault 3
evidence collection kits; authorizing the Attorney General to direct a certain person 4
to comply with provisions of this Act; authorizing the Attorney General to apply to a 5
certain court for an order to show cause under certain circumstances; and generally 6
relating to the preservation and storage of sexual assault evidence collection kits. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Procedure 9
Section 11–926 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Procedure 15
11–926. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) “Child advocacy center” has the meaning stated in § 13–2201 of the 18
Health – General Article. 19
(3) “HEALTH CARE PROVIDER ” MEANS A PERSON WHO I S LICENSED, 20
CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS 21
ARTICLE TO PROVIDE HE ALTH CARE IN THE ORD INARY COURSE OF BUSI NESS OR 22 2 SENATE BILL 789
PRACTICE OF A PROFES SION OR IN AN APPROV ED EDUCATION OR TRAI NING 1
PROGRAM. 2
(4) “Hospital” has the meaning stated in § 19–301 of the Health – General 3
Article. 4
(5) (I) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” MEANS 5
PHYSICAL EVIDENCE COLLECTED : 6
1. BY A HEALTH CARE PROVIDER ; 7
2. FROM THE BODY OR CLO THING OF A LIVING OR 8
DECEASED PERSON ; 9
3. IN RELATION TO AN AL LEGATION OR SUSPICIO N OF 10
SEXUAL ASSAULT ; AND 11
4. FOR THE PURPOSE OF P RESERVING THE PHYSIC AL 12
EVIDENCE FOR USE IN A CRIMINA L INVESTIGATION . 13
(II) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” DOES NOT 14
INCLUDE PHYSICAL EVI DENCE COLLECTED BEFO RE JANUARY 1, 1975. 15
(b) A health care provider that performs a sexual assault evidence collection kit 16
exam on a victim of sexual assault shall provide the victim with: 17
(1) contact information for the investigating law enforcement agency that 18
the victim may contact about the status and results of the kit analysis; and 19
(2) written information describing the laws and policies governing the 20
testing, preservation, and disposal of a sexual assault evidence collection kit. 21
(c) An investigating law enforcement agency that receives a sexual assault 22
evidence collection kit, within 30 days after a request by the victim from whom the evidence 23
was collected, shall provide the victim with: 24
(1) information about the status of the kit analysis; and 25
(2) all available results of the kit analysis except results that would impede 26
or compromise an ongoing investigation. 27
(d) (1) A sexual assault evidence collection kit shall be transferred to a law 28
enforcement agency: 29
SENATE BILL 789 3
(i) by a hospital or a child advocacy center within 30 days after the 1
exam is performed; or 2
(ii) by a government agency in possession of a kit, unless the agency 3
is otherwise required to retain the kit by law or court rule. 4
(2) Except as provided in paragraph (3) of this subsection, within [20] 75 5
years after the evidence is collected, a law enforcement agency, HEALTH CARE PROVIDER , 6
OR HOSPITAL may not destroy or dispose of: 7
(i) a sexual assault evidence collection kit; or 8
(ii) other crime scene evidence relating to a sexual assault that has 9
been identified by the State’s Attorney as relevant to prosecution. 10
(3) A law enforcement agency is not required to comply with the 11
requirements in paragraph (2) of this subsection if: 12
(i) the case for which the evidence was collected resulted in a 13
conviction and the sentence has been completed; or 14
(ii) all suspects identified by testing a sexual assault evidence 15
collection kit are deceased. 16
(4) On written request by the victim from whom the evidence was collected, 17
a law enforcement agency, A HEALTH CARE PROVIDER , OR A HOSPITAL with custody of 18
a sexual assault evidence collection kit or other crime scene evidence relating to a sexual 19
assault shall: 20
(i) notify the victim no later than 60 days before the date of intended 21
destruction or disposal of the evidence; or 22
(ii) retain the evidence for 12 months longer than the time period 23
specified in paragraph (2) of this subsection or for a time period agreed to by the victim and 24
the law enforcement agency, HEALTH CARE PROVIDER , OR HOSPITAL. 25
(e) (1) [A] FOR A SEXUAL ASSAULT EVI DENCE COLLECTION KIT IN THE 26
CUSTODY OF A LAW ENF ORCEMENT AGENCY , THE sexual assault evidence collection kit 27
shall be submitted to a forensic laboratory for analysis unless: 28
[(1)] (I) there is clear evidence disproving the allegation of sexual 29
assault; 30
[(2)] (II) the facts alleged, if true, could not be interpreted to violate a 31
provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 32
of the Criminal Law Article; 33 4 SENATE BILL 789
[(3)] (III) the victim from whom the evidence was collected declines to give 1
consent for analysis; or 2
[(4)] (IV) the suspect’s profile has been collected for entry as a convicted 3
offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained 4
by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense 5
that led to the sexual assault evidence collection kit. 6
(2) FOR A SEXUAL ASSAULT EVIDE NCE COLLECTION KIT I N THE 7
CUSTODY OF A PERSON , OTHER THAN AN EMPLOY EE OF A LAW ENFORCEM ENT 8
AGENCY, THE PERSON: 9
(I) SHALL STORE THE SEXU AL ASSAULT EVIDENCE 10
COLLECTION KIT IN A MANNER THAT : 11
1. REASONABLY PREVENTS UNAUTHORIZED ACCESS TO 12
OR TAMPERING WITH TH E SEXUAL ASSAULT EVI DENCE COLLECTION KIT ; AND 13
2. IS NOT LIKELY TO RES ULT IN THE DEGRADATI ON OR 14
LOSS OF THE SEXUAL A SSAULT EVIDENCE COLL ECTION KIT; OR 15
(II) TRANSFER THE SEXUAL ASSAULT E VIDENCE COLLECTION 16
KIT TO: 17
1. A LAW ENFORCEMENT AG ENCY THAT AGREES TO TAKE 18
CUSTODY OF THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT; OR 19
2. ANOTHER PERSON IN THE STATE WHO WILL STORE 20
THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT IN ACCORDANCE WITH ITEM (I) 21
OF THIS PARAGRAPH . 22
(f) (1) If a victim of sexual assault wishes to remain anonymous and not file a 23
criminal complaint, the victim shall be informed that the victim may file a criminal 24
complaint at a future time. 25
(2) If a provision of subsection (e) of this section is determined to be 26
satisfied after the submission of the victim’s sexual assault evidence collection kit for 27
analysis, testing may be terminated or not initiated. 28
(g) Except as provided in subsection (e) of this section, an investigating law 29
enforcement agency that receives a sexual assault evidence collection kit shall: 30
SENATE BILL 789 5
(1) submit the kit and all requested associated reference standards to a 1
forensic laboratory for analysis within 30 days of receipt of the kit and all requested 2
associated reference standards; and 3
(2) make use of certified sexual assault crisis programs or other qualified 4
community–based sexual assault victim service organizations that can provide services and 5
support to survivors of sexual assault. 6
(h) (1) (i) A forensic laboratory that receives a sexual assault evidence 7
collection kit and all requested associated reference standards for analysis shall determine 8
suitability and complete screening, testing, and analysis in a timely manner. 9
(ii) Failure to complete the screening, testing, and analysis in a 10
timely manner as required in subparagraph (i) of this paragraph may not constitute the 11
basis for excluding the analysis or results as evidence in a criminal proceeding. 12
(2) Forensic laboratories shall report annually to the Maryland Sexual 13
Assault Evidence Kit Policy and Funding Committee regarding the duration required to 14
complete testing, beginning with receipt of the kit until a report is prepared, of each sexual 15
assault evidence collection kit. 16
(i) (1) The eligible results of an analysis of a sexual assault evidence collection 17
kit shall be entered into CODIS. 18
(2) The DNA collected from a victim under this section may not be used for 19
any purpose except as authorized by this section. 20
(j) IF A PERSON FAILS TO COMPLY WITH A REQUIR EMENT RELATING TO 21
THE STORAGE OF A SEXUAL ASSAULT EVIDENCE COLLECTION KIT UNDER THIS 22
SECTION, THE ATTORNEY GENERAL MAY: 23
(1) DIRECT THE PERSON TO COMPLY WITH THE REQU IREMENT; AND 24
(2) IF THE PERSO N DOES NOT COMPLY , APPLY FOR AN ORDER T O 25
SHOW CAUSE WHY THE R EQUIREMENT SHOULD NO T BE COMPLIED WITH T O THE 26
CIRCUIT COURT FOR TH E COUNTY: 27
(I) IF THE PERSON IS AN INDIVIDUAL, WHERE THE INDIVIDUAL 28
WORKS OR RESIDES ; OR 29
(II) IF THE PERSON IS NOT AN INDIVIDUAL, WHERE THE PERSON 30
OR THE SEXUAL ASSAUL T EVIDENCE COLLECTIO N KIT IS LOCATED. 31
(K) The Attorney General shall adopt regulations for uniform statewide 32
implementation of this section. 33
6 SENATE BILL 789
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1
apply to and interpreted to affect physical evidence of sexual assault collected from victims 2
before and after October 1, 2023. 3
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2023. 5