MD
Maryland Senate Bill SB789

Maryland 2023 Regular Session

Maryland Senate Bill SB789 Compare Versions

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1- WES MOORE, Governor Ch. 703
21
3-– 1 –
4-Chapter 703
5-(Senate Bill 789)
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+ *sb0789*
89
9-Sexual Assault Evidence Collection Kits – Preservation and Storage
10+SENATE BILL 789
11+E2 3lr2847
12+ CF HB 758
13+By: Senator Hettleman
14+Introduced and read first time: February 6, 2023
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 8, 2023
1019
11-FOR the purpose of altering requirements for the storage and preservation of sexual assault
12-evidence collection kits; authorizing the Attorney General to direct a certain person
13-to comply with provisions of this Act; authorizing the Attorney General to apply to a
14-certain court for an order to show cause under certain circumstances requiring
15-sexual assault evidence collection kits collected before a certain date to be retained
16-and transferred in a certain manner; requiring the Maryland Sexual Assault
17-Evidence Kit Policy and Funding Committee, on or before a certain date, to make a
18-report on certain recommendations, in consultation with the Consumer Protection
19-Division of the Office of the Attorney General; and generally relating to the
20-preservation and storage of sexual assault evidence collection kits.
20+CHAPTER ______
2121
22-BY repealing and reenacting, with amendments,
23- Article – Criminal Procedure
24-Section 11–926
25- Annotated Code of Maryland
26- (2018 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2723
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
24+Sexual Assault Evidence Collection Kits – Preservation and Storage 2
3025
31-Article – Criminal Procedure
26+FOR the purpose of altering requirements for the storage and preservation of sexual assault 3
27+evidence collection kits; authorizing the Attorney General to direct a certain person 4
28+to comply with provisions of this Act; authorizing the Attorney General to apply to a 5
29+certain court for an order to show cause under certain circumstances requiring 6
30+sexual assault evidence collection kits collected before a certain date to be retained 7
31+and transferred in a certain manner; requiring the Maryland Sexual Assault 8
32+Evidence Kit Policy and Funding Committee, on or before a certain date, to make a 9
33+report on certain recommendations, in consultation with the Consumer Protection 10
34+Division of the Office of the Attorney General; and generally relating to the 11
35+preservation and storage of sexual assault evidence collection kits. 12
3236
33-11–926.
37+BY repealing and reenacting, with amendments, 13
38+ Article – Criminal Procedure 14
39+Section 11–926 15
40+ Annotated Code of Maryland 16
41+ (2018 Replacement Volume and 2022 Supplement) 17
3442
35- (a) (1) In this section the following words have the meanings indicated.
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
44+That the Laws of Maryland read as follows: 19
3645
37- (2) “Child advocacy center” has the meaning stated in § 13–2201 of the
38-Health – General Article.
46+Article – Criminal Procedure 20
3947
40- (3) “HEALTH CARE PROVIDER ” MEANS A PERSON WHO I S LICENSED,
41-CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS
42-ARTICLE TO PROVIDE HE ALTH CARE IN THE ORD INARY COURSE OF BUSI NESS OR
43-PRACTICE OF A PROFES SION OR IN AN APPROVED EDUCATIO N OR TRAINING
44-PROGRAM.
48+11–926. 21 2 SENATE BILL 789
4549
46- (4) (3) “Hospital” has the meaning stated in § 19–301 of the Health –
47-General Article.
48- Ch. 703 2023 LAWS OF MARYLAND
4950
50-– 2 –
51- (4) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING
52-STATED IN § 11–1007 OF THIS ARTICLE.
5351
54- (5) (I) “SEXUAL ASSAULT EVIDENCE COLLECTION KIT” MEANS
55-PHYSICAL EVIDENCE CO LLECTED:
52+ (a) (1) In this section the following words have the meanings indicated. 1
5653
57- 1. BY A QUALIFIED HEALTH CARE PROVIDER ;
54+ (2) “Child advocacy center” has the meaning stated in § 13–2201 of the 2
55+Health – General Article. 3
5856
59- 2. FROM THE BODY OR CLO THING OF A LIVING OR
60-DECEASED PERSON ;
57+ (3) “HEALTH CARE PROVIDER ” MEANS A PERSON WHO I S LICENSED, 4
58+CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS 5
59+ARTICLE TO PROVIDE HE ALTH CARE IN THE ORD INARY COURSE OF BUSI NESS OR 6
60+PRACTICE OF A PROFES SION OR IN AN APPROVED EDUCATIO N OR TRAINING 7
61+PROGRAM. 8
6162
62- 3. IN RELATION TO FOLLOWING AN ALLEGATION OR
63-SUSPICION OF SEXUAL ASSAULT; AND
63+ (4) (3) “Hospital” has the meaning stated in § 19–301 of the Health – 9
64+General Article. 10
6465
65- 4. FOR THE PURPOSE OF P RESERVING THE PHYSIC AL
66-EVIDENCE FOR USE IN A CRIMINA L INVESTIGATION .
66+ (4) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING 11
67+STATED IN § 11–1007 OF THIS ARTICLE. 12
6768
68- (II) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” DOES NOT
69-INCLUDE PHYSICAL EVIDENCE CO LLECTED BEFORE JANUARY 1, 1975 A
70-SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION KIT.
69+ (5) (I) “SEXUAL ASSAULT EVIDENCE COLLECTION KIT” MEANS 13
70+PHYSICAL EVIDENCE CO LLECTED: 14
7171
72- (b) A QUALIFIED health care provider that performs a sexual assault evidence
73-collection kit exam on a victim of sexual assault shall provide the victim with:
72+ 1. BY A QUALIFIED HEALTH CARE PROVIDER ; 15
7473
75- (1) contact information for the investigating law enforcement agency that
76-the victim may contact about the status and results of the kit analysis; and
74+ 2. FROM THE BODY OR CLO THING OF A LIVING OR 16
75+DECEASED PERSON ; 17
7776
78- (2) written information describing the laws and policies governing the
79-testing, preservation, and disposal of a sexual assault evidence collection kit.
77+ 3. IN RELATION TO FOLLOWING AN ALLEGATION OR 18
78+SUSPICION OF SEXUAL ASSAULT; AND 19
8079
81- (c) An investigating law enforcement agency that receives a sexual assault
82-evidence collection kit, within 30 days after a request by the victim from whom the evidence
83-was collected, shall provide the victim with:
80+ 4. FOR THE PURPOSE OF P RESERVING THE PHYSIC AL 20
81+EVIDENCE FOR USE IN A CRIMINA L INVESTIGATION . 21
8482
85- (1) information about the status of the kit analysis; and
83+ (II) “SEXUAL ASSAULT EVIDEN CE COLLECTION KIT ” DOES NOT 22
84+INCLUDE PHYSICAL EVIDENCE CO LLECTED BEFORE JANUARY 1, 1975 A 23
85+SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION KIT. 24
8686
87- (2) all available results of the kit analysis except results that would impede
88-or compromise an ongoing investigation.
87+ (b) A QUALIFIED health care provider that performs a sexual assault evidence 25
88+collection kit exam on a victim of sexual assault shall provide the victim with: 26
8989
90- (d) (1) A sexual assault evidence collection kit OR A SELF–ADMINISTERED
91-SEXUAL ASSAULT EVIDE NCE COLLECTION KIT shall be transferred to a law enforcement
92-agency:
90+ (1) contact information for the investigating law enforcement agency that 27
91+the victim may contact about the status and results of the kit analysis; and 28
9392
94- (i) by a hospital or a child advocacy center within 30 days after the
95-exam is performed; or WES MOORE, Governor Ch. 703
93+ (2) written information describing the laws and policies governing the 29
94+testing, preservation, and disposal of a sexual assault evidence collection kit. 30
95+ SENATE BILL 789 3
9696
97-– 3 –
9897
99- (ii) by a government agency in possession of a kit, unless the agency
100-is otherwise required to retain the kit by law or court rule.
98+ (c) An investigating law enforcement agency that receives a sexual assault 1
99+evidence collection kit, within 30 days after a request by the victim from whom the evidence 2
100+was collected, shall provide the victim with: 3
101101
102- (2) Except as provided in paragraph (3) of this subsection, within [20] 75
103-years after the evidence is collected, a law enforcement agency, HEALTH CARE PROVIDER ,
104-OR HOSPITAL may not destroy or dispose of:
102+ (1) information about the status of the kit analysis; and 4
105103
106- (i) a sexual assault evidence collection kit; or
104+ (2) all available results of the kit analysis except results that would impede 5
105+or compromise an ongoing investigation. 6
107106
108- (ii) other crime scene evidence relating to a sexual assault that has
109-been identified by the State’s Attorney as relevant to prosecution.
107+ (d) (1) A sexual assault evidence collection kit OR A SELF–ADMINISTERED 7
108+SEXUAL ASSAULT EVIDE NCE COLLECTION KIT shall be transferred to a law enforcement 8
109+agency: 9
110110
111- (3) A law enforcement agency is not required to comply with the
112-requirements in paragraph (2) of this subsection if:
111+ (i) by a hospital or a child advocacy center within 30 days after the 10
112+exam is performed; or 11
113113
114- (i) the case for which the evidence was collected resulted in a
115-conviction and the sentence has been completed; or
114+ (ii) by a government agency in possession of a kit, unless the agency 12
115+is otherwise required to retain the kit by law or court rule. 13
116116
117- (ii) all suspects identified by testing a sexual assault evidence
118-collection kit are deceased.
117+ (2) Except as provided in paragraph (3) of this subsection, within [20] 75 14
118+years after the evidence is collected, a law enforcement agency, HEALTH CARE PROVIDER , 15
119+OR HOSPITAL may not destroy or dispose of: 16
119120
120- (4) On written request by the victim from whom the evidence was collected,
121-a law enforcement agency, A HEALTH CARE PROVID ER, OR A HOSPITAL with custody of
122-a sexual assault evidence collection kit or other crime scene evidence relating to a sexual
123-assault shall:
121+ (i) a sexual assault evidence collection kit; or 17
124122
125- (i) notify the victim no later than 60 days before the date of intended
126-destruction or disposal of the evidence; or
123+ (ii) other crime scene evidence relating to a sexual assault that has 18
124+been identified by the State’s Attorney as relevant to prosecution. 19
127125
128- (ii) retain the evidence for 12 months longer than the time period
129-specified in paragraph (2) of this subsection or for a time period agreed to by the victim and
130-the law enforcement agency, HEALTH CARE PROVIDER , OR HOSPITAL.
126+ (3) A law enforcement agency is not required to comply with the 20
127+requirements in paragraph (2) of this subsection if: 21
131128
132- (e) (1) [A] FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE
133-CUSTODY OF A LAW ENF ORCEMENT AGENCY , THE sexual assault evidence collection kit
134-shall be submitted to a forensic laboratory for analysis unless:
129+ (i) the case for which the evidence was collected resulted in a 22
130+conviction and the sentence has been completed; or 23
135131
136- [(1)] (I) there is clear evidence disproving the allegation of sexual
137-assault;
132+ (ii) all suspects identified by testing a sexual assault evidence 24
133+collection kit are deceased. 25
138134
139- [(2)] (II) the facts alleged, if true, could not be interpreted to violate a
140-provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3
141-of the Criminal Law Article;
142- Ch. 703 2023 LAWS OF MARYLAND
135+ (4) On written request by the victim from whom the evidence was collected, 26
136+a law enforcement agency, A HEALTH CARE PROVID ER, OR A HOSPITAL with custody of 27
137+a sexual assault evidence collection kit or other crime scene evidence relating to a sexual 28
138+assault shall: 29
143139
144-– 4 –
145- [(3)] (III) the victim from whom the evidence was collected declines to give
146-consent for analysis; or
140+ (i) notify the victim no later than 60 days before the date of intended 30
141+destruction or disposal of the evidence; or 31
142+ 4 SENATE BILL 789
147143
148- [(4)] (IV) the suspect’s profile has been collected for entry as a convicted
149-offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained
150-by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense
151-that led to the sexual assault evidence collection kit.
152144
153- (2) FOR A SEXUAL ASSAULT EVIDE NCE COLLECTION KIT I N THE
154-CUSTODY OF A PERSON , OTHER THAN AN EMPLOY EE OF A LAW ENFORCEM ENT
155-AGENCY, THE PERSON:
145+ (ii) retain the evidence for 12 months longer than the time period 1
146+specified in paragraph (2) of this subsection or for a time period agreed to by the victim and 2
147+the law enforcement agency, HEALTH CARE PROVIDER , OR HOSPITAL. 3
156148
157- (I) SHALL STORE THE SEXU AL ASSAULT EVIDENCE
158-COLLECTION KIT IN A MANNER THAT :
149+ (e) (1) [A] FOR A SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE 4
150+CUSTODY OF A LAW ENF ORCEMENT AGENCY , THE sexual assault evidence collection kit 5
151+shall be submitted to a forensic laboratory for analysis unless: 6
159152
160- 1. REASONABLY PREVENTS UNAUTHORIZED ACC ESS TO
161-OR TAMPERING WITH TH E SEXUAL ASSAULT EVI DENCE COLLECTION KIT ; AND
153+ [(1)] (I) there is clear evidence disproving the allegation of sexual 7
154+assault; 8
162155
163- 2. IS NOT LIKELY TO RES ULT IN THE DEGRADATI ON OR
164-LOSS OF THE SEXUAL A SSAULT EVIDENCE COLL ECTION KIT; OR
156+ [(2)] (II) the facts alleged, if true, could not be interpreted to violate a 9
157+provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 10
158+of the Criminal Law Article; 11
165159
166- (II) TRANSFER THE SEXUAL ASSAULT EVIDENCE COL LECTION
167-KIT TO:
160+ [(3)] (III) the victim from whom the evidence was collected declines to give 12
161+consent for analysis; or 13
168162
169- 1. A LAW ENFORCEMENT AGEN CY THAT AGREES TO TA KE
170-CUSTODY OF THE SEXUA L ASSAULT EVIDENCE C OLLECTION KIT; OR
163+ [(4)] (IV) the suspect’s profile has been collected for entry as a convicted 14
164+offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained 15
165+by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense 16
166+that led to the sexual assault evidence collection kit. 17
171167
172- 2. ANOTHER PERSON IN TH E STATE WHO WILL STORE
173-THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT IN ACCORDANCE WIT H ITEM (I)
174-OF THIS PARAGRAPH .
168+ (2) FOR A SEXUAL ASSAULT EVIDE NCE COLLECTION KIT I N THE 18
169+CUSTODY OF A PERSON , OTHER THAN AN EMPLOY EE OF A LAW ENFORCEM ENT 19
170+AGENCY, THE PERSON: 20
175171
176- (f) (1) If a victim of sexual assault wishes to remain anonymous and not file a
177-criminal complaint, the victim shall be informed that the victim may file a criminal
178-complaint at a future time.
172+ (I) SHALL STORE THE SEXU AL ASSAULT EVIDENCE 21
173+COLLECTION KIT IN A MANNER THAT : 22
179174
180- (2) If a provision of subsection (e) of this section is determined to be
181-satisfied after the submission of the victim’s sexual assault evidence collection kit for
182-analysis, testing may be terminated or not initiated.
175+ 1. REASONABLY PREVENTS UNAUTHORIZED ACC ESS TO 23
176+OR TAMPERING WITH TH E SEXUAL ASSAULT EVI DENCE COLLECTION KIT ; AND 24
183177
184- (g) Except as provided in subsection (e) of this section, an investigating law
185-enforcement agency that receives a sexual assault evidence collection kit shall:
178+ 2. IS NOT LIKELY TO RES ULT IN THE DEGRADATI ON OR 25
179+LOSS OF THE SEXUAL A SSAULT EVIDENCE COLL ECTION KIT; OR 26
186180
187- (1) submit the kit and all requested associated reference standards to a
188-forensic laboratory for analysis within 30 days of receipt of the kit and all requested
189-associated reference standards; and WES MOORE, Governor Ch. 703
181+ (II) TRANSFER THE SEXUAL ASSAULT EVIDENCE COL LECTION 27
182+KIT TO: 28
190183
191-– 5 –
184+ 1. A LAW ENFORCEMENT AGEN CY THAT AGREES TO TA KE 29
185+CUSTODY OF THE SEXUA L ASSAULT EVIDENCE C OLLECTION KIT; OR 30
192186
193- (2) make use of certified sexual assault crisis programs or other qualified
194-community–based sexual assault victim service organizations that can provide services and
195-support to survivors of sexual assault.
187+ 2. ANOTHER PERSON IN TH E STATE WHO WILL STORE 31
188+THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT IN ACCORDANCE WIT H ITEM (I) 32
189+OF THIS PARAGRAPH . 33 SENATE BILL 789 5
196190
197- (h) (1) (i) A forensic laboratory that receives a sexual assault evidence
198-collection kit and all requested associated reference standards for analysis shall determine
199-suitability and complete screening, testing, and analysis in a timely manner.
200191
201- (ii) Failure to complete the screening, testing, and analysis in a
202-timely manner as required in subparagraph (i) of this paragraph may not constitute the
203-basis for excluding the analysis or results as evidence in a criminal proceeding.
204192
205- (2) Forensic laboratories shall report annually to the Maryland Sexual
206-Assault Evidence Kit Policy and Funding Committee regarding the duration required to
207-complete testing, beginning with receipt of the kit until a report is prepared, of each sexual
208-assault evidence collection kit.
193+ (f) (1) If a victim of sexual assault wishes to remain anonymous and not file a 1
194+criminal complaint, the victim shall be informed that the victim may file a criminal 2
195+complaint at a future time. 3
209196
210- (i) (1) The eligible results of an analysis of a sexual assault evidence collection
211-kit shall be entered into CODIS.
197+ (2) If a provision of subsection (e) of this section is determined to be 4
198+satisfied after the submission of the victim’s sexual assault evidence collection kit for 5
199+analysis, testing may be terminated or not initiated. 6
212200
213- (2) The DNA collected from a victim under this section may not be used for
214-any purpose except as authorized by this section.
201+ (g) Except as provided in subsection (e) of this section, an investigating law 7
202+enforcement agency that receives a sexual assault evidence collection kit shall: 8
215203
216- (j) IF A PERSON FAILS TO COMPLY WITH A REQU IREMENT RELATING TO
217-THE STORAGE OF A SEX UAL ASSAULT EVIDENCE COLLECTION KIT UNDER THIS
218-SECTION, THE ATTORNEY GENERAL MAY:
204+ (1) submit the kit and all requested associated reference standards to a 9
205+forensic laboratory for analysis within 30 days of receipt of the kit and all requested 10
206+associated reference standards; and 11
219207
220- (1) DIRECT THE PERSON TO COMPLY WITH THE REQU IREMENT; AND
208+ (2) make use of certified sexual assault crisis programs or other qualified 12
209+community–based sexual assault victim service organizations that can provide services and 13
210+support to survivors of sexual assault. 14
221211
222- (2) IF THE PERSON DOES N OT COMPLY, APPLY FOR AN ORDER T O
223-SHOW CAUSE WH Y THE REQUIREMENT SH OULD NOT BE COMPLIED WITH TO THE
224-CIRCUIT COURT FOR TH E COUNTY:
212+ (h) (1) (i) A forensic laboratory that receives a sexual assault evidence 15
213+collection kit and all requested associated reference standards for analysis shall determine 16
214+suitability and complete screening, testing, and analysis in a timely manner. 17
225215
226- (I) IF THE PERSON IS AN INDIVIDUAL, WHERE THE INDIVIDUAL
227-WORKS OR RESIDES ; OR
216+ (ii) Failure to complete the screening, testing, and analysis in a 18
217+timely manner as required in subparagraph (i) of this paragraph may not constitute the 19
218+basis for excluding the analysis or results as evidence in a criminal proceeding. 20
228219
229- (II) IF THE PERSON IS NOT AN INDIVIDUAL, WHERE THE PERSON
230-OR THE SEXUAL ASSAUL T EVIDENCE COLLECTION KIT IS LOCATED.
220+ (2) Forensic laboratories shall report annually to the Maryland Sexual 21
221+Assault Evidence Kit Policy and Funding Committee regarding the duration required to 22
222+complete testing, beginning with receipt of the kit until a report is prepared, of each sexual 23
223+assault evidence collection kit. 24
231224
232- (K) (j) The Attorney General shall adopt regulations for uniform statewide
233-implementation of this section.
234- Ch. 703 2023 LAWS OF MARYLAND
225+ (i) (1) The eligible results of an analysis of a sexual assault evidence collection 25
226+kit shall be entered into CODIS. 26
235227
236-– 6 –
237- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
238-apply to and interpreted to affect physical evidence of sexual assault collected from victims
239-before and after October 1, 2023.
228+ (2) The DNA collected from a victim under this section may not be used for 27
229+any purpose except as authorized by this section. 28
240230
241- SECTION 3. AND BE IT FURTHER ENACTED, That:
231+ (j) IF A PERSON FAILS TO COMPLY WITH A REQUIR EMENT RELATING TO 29
232+THE STORAGE OF A SEX UAL ASSAULT EVIDENCE COLLECTION KIT UNDER THIS 30
233+SECTION, THE ATTORNEY GENERAL MAY: 31
242234
243- (a) A sexual assault evidence collection kit collected before January 1, 2000, and
244-stored by a hospital or child advocacy center shall be:
235+ (1) DIRECT THE PERSON TO COMPLY WITH THE REQU IREMENT; AND 32
236+ 6 SENATE BILL 789
245237
246- (1) retained consistent with the requirements of § 11–926(d) of the
247-Criminal Procedure Article, as enacted by Section 1 of this Act; and
248238
249- (2) transferred to a law enforcement agency for testing within 30 days after
250-being identified as a sexual assault evidence collection kit, or as directed by the Office of
251-the Attorney General.
239+ (2) IF THE PERSON DOES N OT COMPLY, APPLY FOR AN ORDER T O 1
240+SHOW CAUSE WHY THE REQUIREMENT SHOU LD NOT BE COMPLIED W ITH TO THE 2
241+CIRCUIT COURT FOR TH E COUNTY: 3
252242
253- (b) On or before December 1, 2023, the Maryland Sexual Assault Evidence Kit
254-Policy and Funding Committee shall issue a report to the Governor and, in accordance with
255-§ 2–1257 of the State Government Article, the General Assembly making recommendations
256-for:
243+ (I) IF THE PERSON IS AN INDIVIDUAL, WHERE THE INDIVIDUAL 4
244+WORKS OR RESIDES ; OR 5
257245
258- (1) guidelines for the transfer of sexual assault evidence collection kits
259-collected before January 1, 2000, to be transferred to law enforcement agencies for testing;
246+ (II) IF THE PERSON IS NOT AN INDIVIDUAL, WHERE THE PERSON 6
247+OR THE SEXUAL ASSAUL T EVIDENCE COLLECTION KIT IS LO CATED. 7
260248
261- (2) guidance on the use of self–administered sexual assault evidence
262-collection kits; and
249+ (K) (j) The Attorney General shall adopt regulations for uniform statewide 8
250+implementation of this section. 9
263251
264- (3) in consultation with the Consumer Protection Division of the Office of
265-the Attorney General, educating consumers about use of self–administered sexual assault
266-evidence collection kits, including information regarding the kits’ admissibility in a
267-criminal prosecution and identifying other resources for victims of sexual assault.
252+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10
253+apply to and interpreted to affect physical evidence of sexual assault collected from victims 11
254+before and after October 1, 2023. 12
268255
269- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
270-October 1, 2023.
256+ SECTION 3. AND BE IT FURTHER ENACTED, That: 13
271257
272-Approved by the Governor, May 16, 2023.
258+ (a) A sexual assault evidence collection kit collected before January 1, 2000, and 14
259+stored by a hospital or child advocacy center shall be: 15
260+
261+ (1) retained consistent with the requirements of § 11–926(d) of the 16
262+Criminal Procedure Article, as enacted by Section 1 of this Act; and 17
263+
264+ (2) transferred to a law enforcement agency for testing within 30 days after 18
265+being identified as a sexual assault evidence collection kit, or as directed by the Office of 19
266+the Attorney General. 20
267+
268+ (b) On or before December 1, 2023, the Maryland Sexual Assault Evidence Kit 21
269+Policy and Funding Committee shall issue a report to the Governor and, in accordance with 22
270+§ 2–1257 of the State Government Article, the General Assembly making recommendations 23
271+for: 24
272+
273+ (1) guidelines for the transfer of sexual assault evidence collection kits 25
274+collected before January 1, 2000, to be transferred to law enforcement agencies for testing; 26
275+
276+ (2) guidance on the use of self–administered sexual assault evidence 27
277+collection kits; and 28
278+
279+ (3) in consultation with the Consumer Protection Division of the Office of 29
280+the Attorney General, educating consumers about use of self–administered sexual assault 30
281+evidence collection kits, including information regarding the kits’ admissibility in a 31
282+criminal prosecution and identifying other resources for victims of sexual assault. 32
283+ SENATE BILL 789 7
284+
285+
286+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act sh all take effect 1
287+October 1, 2023. 2
288+
289+
290+
291+
292+Approved:
293+________________________________________________________________________________
294+ Governor.
295+________________________________________________________________________________
296+ President of the Senate.
297+________________________________________________________________________________
298+ Speaker of the House of Delegates.