EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
Italics indicate opposite chamber/conference committee amendments.
*hb1047*
HOUSE BILL 1047
I3, E2 EMERGENCY BILL (4lr3174)
ENROLLED BILL
— Judiciary/Judicial Proceedings and Finance —
Introduced by Delegate Bartlett Delegates Bartlett, Arikan, Simpson, Conaway,
and Williams
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governo r, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 1047
BY repealing and reenacting, with amendments, 1
Article – Commercial Law 2
Section 13–301(14)(xl) 3
Annotated Code of Maryland 4
(2013 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Commercial Law 7
Section 13–301(14)(xli) 8
Annotated Code of Maryland 9
(2013 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – Commercial Law 12
Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle 13
“Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits” 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2023 Supplement) 16
BY adding to 17
Article – Courts and Judicial Proceedings 18
Section 10–925 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Criminal Procedure 23
Section 11–926(j) 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2023 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Criminal Procedure 28
Section 11–926(j) 29
Annotated Code of Maryland 30
(2018 Replacement Volume and 2023 Supplement) 31
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
That the Laws of Maryland read as follows: 33
Article – Commercial Law 34
13–301. 35
Unfair, abusive, or deceptive trade practices include any: 36
HOUSE BILL 1047 3
(14) Violation of a provision of: 1
(xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 2
(xli) Title 14, Subtitle 45 of this article; or 3
(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR 4
SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION 5
KITS. 6
14–4601. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING 10
GRANT PROGRAM. 11
(C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN § 12
11–926 OF THE CRIMINAL PROCEDURE ARTICLE. 13
(D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT” 14
MEANS MATERIALS ADVE RTISED OR MARKETED AS A MEANS FOR A PERSON O THER 15
THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVI DENCE OF 16
A SEXUAL CRIME . 17
(E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE 18
COURTS ARTICLE. 19
14–4602. 20
(A) THIS SECTION DOES NOT APPLY TO A SELF–ADMINISTERED SEXUAL 21
ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND 22
DEPARTMENT OF HEALTH. 23
(B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A 24
SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT. 25
(C) (1) A VIOLATION OF THIS SECTION IS: 26
(I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 27
WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND 28
4 HOUSE BILL 1047
(II) SUBJECT TO THE ENFORC EMENT AND PENALTY 1
PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. 2
(2) (I) IN ADDITION TO ANY P ENALTY IMPOSED UNDER TITLE 13 3
OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL 4
PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION . 5
(II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS 6
PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CI VIL ACTION OR AN 7
ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS 8
ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER § 9
13–403(D)(3) AND (4) OF THIS ARTICLE. 10
(D) ONLY THE ATTORNEY GENERAL MAY ENFORCE T HIS SECTION. 11
(E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF 12
THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER 13
TRAINING GRANT PROGRAM FUND ESTABLISHED UNDE R § 14–4604 OF THIS 14
SUBTITLE. 15
14–4603. 16
(A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM. 17
(B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES 18
THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO 19
FUND TRAINING FOR NU RSES IN THE STATE TO DEVELOP SKIL LS IN CONDUCTING 20
FORENSIC EXAMINATION S OF VICTIMS OF SEXUAL AS SAULT. 21
(C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 22
VICTIM SERVICES SHALL ESTABL ISH: 23
(1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES AND 24
HIGHER EDUCATION INS TITUTIONS AND COLLEG ES IN THE STATE TO APPLY FOR 25
GRANT FUNDING FROM THE PROGRAM; AND 26
(2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT 27
FUNDING FROM THE PROGRAM. 28
14–4604. 29
(A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER 30
TRAINING GRANT PROGRAM FUND. 31
HOUSE BILL 1047 5
(B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM 1
FUND. 2
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS 3
AWARDED UNDER THE PROGRAM. 4
(D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 5
VICTIM SERVICES SHALL ADMINI STER THE FUND. 6
(E) (1) THE FUND IS A SPE CIAL, NONLAPSING FUND THAT IS NOT 7
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10
(F) THE FUND CONSISTS OF : 11
(1) REVENUE DISTRIB UTED TO THE FUND UNDER § 14–4602 OF THIS 12
SUBTITLE; AND 13
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 14
THE BENEFIT OF THE FUND. 15
(G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT 16
ENTITIES THROUGH THE PROGRAM. 17
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 18
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 19
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 20
THE GENERAL FUND OF THE STATE. 21
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 22
WITH THE STATE BUDGET . 23
Article – Courts and Judicial Proceedings 24
10–925. 25
(A) IN THIS SECTION, “SEXUAL CRIME ” MEANS: 26
(1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 27
ARTICLE; 28
6 HOUSE BILL 1047
(2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE 1
CRIMINAL LAW ARTICLE; OR 2
(3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF 3
THE CRIMINAL LAW ARTICLE. 4
(A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE 5
MEANING STATED IN § 10–923 OF THIS SUBTITLE. 6
(B) EVIDENCE INFORMATION THAT PHYSICAL EVIDEN CE OF A SEXUAL 7
CRIME SEXUALLY ASSAULTIVE BEHAVIOR WAS OBTAINED USING M ATERIALS THAT 8
WERE SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN A MANNER THAT WOULD 9
CONSTITUTE A VIOLATI ON OF § 14–4602 OF THE COMMERCIAL LAW ARTICLE IS NOT 10
ADMISSIBLE IN A CRIMINAL OR CIVI L PROCEEDING INVOLVI NG AN ALLEGATION OF 11
A SEXUAL CRIME SEXUALLY ASSAULTIVE BEHAVIOR. 12
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A COURT TO ADMIT 13
PHYSICAL EVIDENCE . 14
Article – Criminal Procedure 15
11–926. 16
(J) (1) ANY AGREEMENT , CONDITION OF ACCESS OR USE, OR POLICY 17
THAT LIMITS OR WAIVE S ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REMEDY TO 18
A CLAIM AGAINST ANY PERSON WHO PROVIDES A VICTIM OR ANOTHER PERSON WITH 19
ANY SERVICE, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT EVIDENCE 20
OF A SEXUAL ASSAULT IS NU LL AND VOID AS BEING AGAINST THE PUBLIC P OLICY OF 21
THE STATE. 22
(2) ANY DISCLAIMER OF ANY WARRANTIES , EXPRESS OR IMPLIED , OF 23
MERCHANTABILITY , FITNESS FOR A PARTIC ULAR PURPOSE , OR NONINFRINGEMENT 24
REGARDING ANY SERVIC E, PRODUCT, INFORMATI ON, OR OTHER MEANS TO CO LLECT 25
EVIDENCE OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINS T THE PUBLIC 26
POLICY OF THE STATE. 27
[(j)] (K) The Attorney General shall adopt regulations for uniform statewide 28
implementation of this section. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the 31
public health or safety, has been passed by a yea and nay vote supported by three–fifths of 32
all the members elected to each of the two Houses of the General Assembly, and shall take 33
effect from the date it is enacted. 34