EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1047*
HOUSE BILL 1047
I3, E2 4lr3174
CF SB 949
By: Delegate Bartlett
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Self–Administered Sexual Assault Evidence Collection 2
Kits 3
FOR the purpose of providing that a party in a criminal trial involving an allegation of a 4
sexual crime may not introduce evidence that physical evidence of a sexual crime 5
was obtained using certain materials; providing that selling, offering for sale, or 6
distributing a certain self–administered sexual assault evidence collection kit is an 7
unfair, deceptive, or abusive trade practice; establishing the Forensic Nurse 8
Examiner Training Grant Program; establishing the Forensic Nurse Examiner 9
Training Grant Program Fund as a special, nonlapsing fund; and generally relating 10
to self–administered sexual assault evidence collection kits. 11
BY repealing and reenacting, with amendments, 12
Article – Commercial Law 13
Section 13–301(14)(xl) 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Commercial Law 18
Section 13–301(14)(xli) 19
Annotated Code of Maryland 20
(2013 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Commercial Law 23
Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle 24
“Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits” 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2023 Supplement) 27
2 HOUSE BILL 1047
BY adding to 1
Article – Courts and Judicial Proceedings 2
Section 10–925 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Commercial Law 8
13–301. 9
Unfair, abusive, or deceptive trade practices include any: 10
(14) Violation of a provision of: 11
(xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 12
(xli) Title 14, Subtitle 45 of this article; or 13
(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR 14
SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION 15
KITS. 16
14–4601. 17
(A) IN THIS SUBTITLE THE FOLL OWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING 20
GRANT PROGRAM. 21
(C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN § 22
11–926 OF THE CRIMINAL PROCEDURE ARTICLE. 23
(D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT” 24
MEANS MATERIALS ADVE RTISED OR MARKETED A S A MEANS FOR A PERS ON OTHER 25
THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVI DENCE OF 26
A SEXUAL CRIME . 27
(E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE 28
COURTS ARTICLE. 29
HOUSE BILL 1047 3
14–4602. 1
(A) THIS SECTION DOES NOT APPLY TO A SELF –ADMINISTERED SEXUAL 2
ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND 3
DEPARTMENT OF HEALTH. 4
(B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A 5
SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT. 6
(C) (1) A VIOLATION OF THIS SE CTION IS: 7
(I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 8
WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND 9
(II) SUBJECT TO THE ENFORC EMENT AND PENALT Y 10
PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. 11
(2) (I) IN ADDITION TO ANY PE NALTY IMPOSED UNDER TITLE 13 12
OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL 13
PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION . 14
(II) THE CIVIL PENALTY UNDER SUBPARA GRAPH (I) OF THIS 15
PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CIVIL ACTI ON OR AN 16
ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS 17
ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER § 18
13–403(D)(3) AND (4) OF THIS ARTICLE. 19
(D) ONLY THE ATTORNEY GENERAL MAY ENFORCE T HIS SECTION. 20
(E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF 21
THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER 22
TRAINING GRANT PROGRAM FUND ESTABLISHED UNDE R § 14–4604 OF THIS 23
SUBTITLE. 24
14–4603. 25
(A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM. 26
(B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES 27
THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO 28
FUND TRAINING FOR NURSES IN THE STATE TO DEVELOP SKIL LS IN CONDUCTING 29
FORENSIC EXAMINATION S OF VICTIMS OF SEXU AL ASSAULT. 30
4 HOUSE BILL 1047
(C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 1
VICTIM SERVICES SHALL ESTABL ISH: 2
(1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES IN THE 3
STATE TO APPLY FOR GR ANT FUNDING FROM THE PROGRAM; AND 4
(2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT 5
FUNDING FROM THE PROGRAM. 6
14–4604. 7
(A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER 8
TRAINING GRANT PROGRAM FUND. 9
(B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM 10
FUND. 11
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS 12
AWARDED UNDER THE PROGRAM. 13
(D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 14
VICTIM SERVICES SHALL ADMINI STER THE FUND. 15
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 16
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 17
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 18
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 19
(F) THE FUND CONSISTS OF: 20
(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 14–4602 OF THIS 21
SUBTITLE; AND 22
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 23
THE BENEFIT OF THE FUND. 24
(G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT 25
ENTITIES THROUGH THE PROGRAM. 26
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 27
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 28
HOUSE BILL 1047 5
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 1
THE GENERAL FUND OF THE STATE. 2
(I) EXPENDITURES FROM THE FUND MAY BE MA DE ONLY IN ACCORDANC E 3
WITH THE STATE BUDGET . 4
Article – Courts and Judicial Proceedings 5
10–925. 6
(A) IN THIS SECTION, “SEXUAL CRIME ” MEANS: 7
(1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 8
ARTICLE; 9
(2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE 10
CRIMINAL LAW ARTICLE; OR 11
(3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF 12
THE CRIMINAL LAW ARTICLE. 13
(B) EVIDENCE THAT PHYSICA L EVIDENCE OF A SEXU AL CRIME WAS 14
OBTAINED USING MATER IALS THAT WERE SOLD , OFFERED FOR SALE , OR 15
DISTRIBUTED IN A MAN NER THAT WOULD CONST ITUTE A VIOLATION OF § 14–4602 16
OF THE COMMERCIAL LAW ARTICLE IS NOT ADMISS IBLE IN A CRIMINAL O R CIVIL 17
PROCEEDING INVOLVING AN ALLEGATION OF A S EXUAL CRIME. 18
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A COURT TO ADMIT 19
PHYSICAL EVIDENCE . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2024. 22