EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1047*
HOUSE BILL 1047
I3, E2 4lr3174
CF SB 949
By: Delegate Bartlett Delegates Bartlett, Arikan, Simpson, Conaway, and
Williams
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 8, 2024
CHAPTER ______
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 sexually assaultive behavior may not introduce evidence information 5
that physical evidence of a sexual crime sexually assaultive behavior was obtained 6
using certain materials; providing that selling, offering for sale, or distributing a 7
certain self–administered sexual assault evidence collection kit is an unfair, 8
deceptive, or abusive trade practice; establishing the Forensic Nurse Examiner 9
Training Grant Program; establishing the Forensic Nurse Examiner Training Grant 10
Program Fund as a special, nonlapsing fund; prohibiting the limitation or waiver of 11
certain rights and warranties on certain products used to collect evidence of a sexual 12
assault; and generally relating to self–administered sexual assault evidence 13
collection kits. 14
BY repealing and reenacting, with amendments, 15
Article – Commercial Law 16
Section 13–301(14)(xl) 17
Annotated Code of Maryland 18
(2013 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Commercial Law 21
Section 13–301(14)(xli) 22 2 HOUSE BILL 1047
Annotated Code of Maryland 1
(2013 Replacement Volume and 2023 Supplement) 2
BY adding to 3
Article – Commercial Law 4
Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle 5
“Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits” 6
Annotated Code of Maryland 7
(2013 Replacement Volume and 2023 Supplement) 8
BY adding to 9
Article – Courts and Judicial Proceedings 10
Section 10–925 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – Criminal Procedure 15
Section 11–926(j) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Criminal Procedure 20
Section 11–926(j) 21
Annotated Code of Maryland 22
(2018 Replacement Volume and 2023 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Commercial Law 26
13–301. 27
Unfair, abusive, or deceptive trade practices include any: 28
(14) Violation of a provision of: 29
(xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 30
(xli) Title 14, Subtitle 45 of this article; or 31
(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR 32
SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION 33
KITS. 34 HOUSE BILL 1047 3
14–4601. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING 4
GRANT PROGRAM. 5
(C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN § 6
11–926 OF THE CRIMINAL PROCEDURE ARTICLE. 7
(D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT” 8
MEANS MATERIALS ADVE RTISED OR MARKETED A S A MEANS FOR A PERSON OTHER 9
THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVI DENCE OF 10
A SEXUAL CRIME . 11
(E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE 12
COURTS ARTICLE. 13
14–4602. 14
(A) THIS SECTION DOES NOT APPLY TO A SELF –ADMINISTERED SEXU AL 15
ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND 16
DEPARTMENT OF HEALTH. 17
(B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A 18
SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT. 19
(C) (1) A VIOLATION OF THIS SE CTION IS: 20
(I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 21
WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND 22
(II) SUBJECT TO THE ENFORC EMENT AND PENALTY 23
PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. 24
(2) (I) IN ADDITION TO ANY PE NALTY IMPOSED UNDER TITLE 13 25
OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL 26
PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION . 27
(II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS 28
PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CIVIL ACTI ON OR AN 29
ADMINISTRATIVE CEASE AND DES IST ACTION UNDER § 13–403(A) AND (B) OF THIS 30 4 HOUSE BILL 1047
ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER § 1
13–403(D)(3) AND (4) OF THIS ARTICLE. 2
(D) ONLY THE ATTORNEY GENERAL MAY ENFORCE T HIS SECTION. 3
(E) ALL FINES, PENALTIES, AND DAMAGES COLLECTED FOR VIOLATIONS OF 4
THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER 5
TRAINING GRANT PROGRAM FUND ESTABLISHED UNDE R § 14–4604 OF THIS 6
SUBTITLE. 7
14–4603. 8
(A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM. 9
(B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES 10
THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO 11
FUND TRAINING FOR NU RSES IN THE STATE TO DEVELOP SKIL LS IN CONDUCTING 12
FORENSIC EXAMINATION S OF VICTIMS OF SEXU AL ASSAULT. 13
(C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 14
VICTIM SERVICES SHALL ESTABL ISH: 15
(1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES AND 16
HIGHER EDUCATION INS TITUTIONS AND COLLEG ES IN THE STATE TO APPLY FOR 17
GRANT FUNDING FROM T HE PROGRAM; AND 18
(2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT 19
FUNDING FROM THE PROGRAM. 20
14–4604. 21
(A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER 22
TRAINING GRANT PROGRAM FUND. 23
(B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM 24
FUND. 25
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS 26
AWARDED UNDER THE PROGRAM. 27
(D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 28
VICTIM SERVICES SHALL ADMINI STER THE FUND. 29
HOUSE BILL 1047 5
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 4
(F) THE FUND CONSISTS OF : 5
(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 14–4602 OF THIS 6
SUBTITLE; AND 7
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 8
THE BENEFIT OF THE FUND. 9
(G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT 10
ENTITIES THROUGH THE PROGRAM. 11
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 12
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 13
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 14
THE GENERAL FUND OF THE STATE. 15
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 16
WITH THE STATE BUDGET . 17
Article – Courts and Judicial Proceedings 18
10–925. 19
(A) IN THIS SECTION, “SEXUAL CRIME ” MEANS: 20
(1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 21
ARTICLE; 22
(2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE 23
CRIMINAL LAW ARTICLE; OR 24
(3) THE SEXUAL ABUSE OF A VULNERA BLE ADULT UNDER § 3–802 OF 25
THE CRIMINAL LAW ARTICLE. 26
(A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE 27
MEANING STATED IN § 10–923 OF THIS SUBTITLE. 28
6 HOUSE BILL 1047
(B) EVIDENCE INFORMATION THAT PHYSICAL EVIDEN CE OF A SEXUAL 1
CRIME SEXUALLY ASSAULTIVE BEHAVIOR WAS OBTAINED USING M ATERIALS THAT 2
WERE SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN A MANNER THAT WOULD 3
CONSTITUTE A VIOLATI ON OF § 14–4602 OF THE COMMERCIAL LAW ARTICLE IS NOT 4
ADMISSIBLE IN A CRIM INAL OR CIVIL PROCEE DING INVOLVIN G AN ALLEGATION OF 5
A SEXUAL CRIME SEXUALLY ASSAULTIVE BEHAVIOR. 6
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A COURT TO ADMIT 7
PHYSICAL EVIDENCE . 8
Article – Criminal Procedure 9
11–926. 10
(J) (1) ANY AGREEMENT , CONDITION OF ACCESS OR USE, OR POLICY 11
THAT LIMITS OR WAIVE S ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REMEDY TO 12
A CLAIM AGAINST ANY PERSON WHO PROVIDES A VICTIM OR ANOTHER PERSON WITH 13
ANY SERVICE, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT EVIDENCE 14
OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINST THE PUBLI C POLICY OF 15
THE STATE. 16
(2) ANY DISCLAIMER OF ANY WARRANTIES , EXPRESS OR IMPLIED , OF 17
MERCHANTABILITY , FITNESS FOR A PARTIC ULAR PURPOSE , OR NONINFRINGEMENT 18
REGARDING ANY SERVIC E, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT 19
EVIDENCE OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINST THE PU BLIC 20
POLICY OF THE STATE. 21
[(j)] (K) The Attorney General shall adopt regulations for uniform statewide 22
implementation of this section. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2024. 25
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.