MD
Maryland House Bill HB1047

Maryland 2024 Regular Session

Maryland House Bill HB1047 Compare Versions

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1- WES MOORE, Governor Ch. 262
21
3-– 1 –
4-Chapter 262
5-(House Bill 1047)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1047*
810
9-Consumer Protection – Self–Administered Sexual Assault Evidence Collection
10-Kits
11+HOUSE BILL 1047
12+I3, E2 EMERGENCY BILL (4lr3174)
13+ENROLLED BILL
14+— Judiciary/Judicial Proceedings and Finance —
15+Introduced by Delegate Bartlett Delegates Bartlett, Arikan, Simpson, Conaway,
16+and Williams
1117
12-FOR the purpose of providing that a party in a criminal trial involving an allegation of a
13-sexual crime sexually assaultive behavior may not introduce evidence information
14-that physical evidence of a sexual crime sexually assaultive behavior was obtained
15-using certain materials; providing that selling, offering for sale, or distributing a
16-certain self–administered sexual assault evidence collection kit is an unfair,
17-deceptive, or abusive trade practice; establishing the Forensic Nurse Examiner
18-Training Grant Program; establishing the Forensic Nurse Examiner Training Grant
19-Program Fund as a special, nonlapsing fund; prohibiting the limitation or waiver of
20-certain rights and warranties on certain products used to collect evidence of a sexual
21-assault; and generally relating to self–administered sexual assault evidence
22-collection kits.
18+Read and Examined by Proofreaders:
2319
24-BY repealing and reenacting, with amendments,
25- Article – Commercial Law
26-Section 13–301(14)(xl)
27- Annotated Code of Maryland
28- (2013 Replacement Volume and 2023 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2924
30-BY repealing and reenacting, without amendments,
31- Article – Commercial Law
32-Section 13–301(14)(xli)
33- Annotated Code of Maryland
34- (2013 Replacement Volume and 2023 Supplement)
25+Sealed with the Great Seal and presented to the Governo r, for his approval this
3526
36-BY adding to
37- Article – Commercial Law
38-Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle
39-“Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits”
40- Annotated Code of Maryland
41- (2013 Replacement Volume and 2023 Supplement)
27+_______ day of _______________ at ________________________ o’clock, ________M.
4228
43-BY adding to
44- Article – Courts and Judicial Proceedings
45-Section 10–925
46- Annotated Code of Maryland
47- (2020 Replacement Volume and 2023 Supplement)
29+______________________________________________
30+Speaker.
4831
49-BY adding to Ch. 262 2024 LAWS OF MARYLAND
32+CHAPTER ______
5033
51-– 2 –
52- Article – Criminal Procedure
53- Section 11–926(j)
54- Annotated Code of Maryland
55- (2018 Replacement Volume and 2023 Supplement)
34+AN ACT concerning 1
5635
57-BY repealing and reenacting, with amendments,
58- Article – Criminal Procedure
59- Section 11–926(j)
60- Annotated Code of Maryland
61- (2018 Replacement Volume and 2023 Supplement)
36+Consumer Protection – Self–Administered Sexual Assault Evidence Collection 2
37+Kits 3
6238
63- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
64-That the Laws of Maryland read as follows:
39+FOR the purpose of providing that a party in a criminal trial involving an allegation of a 4
40+sexual crime sexually assaultive behavior may not introduce evidence information 5
41+that physical evidence of a sexual crime sexually assaultive behavior was obtained 6
42+using certain materials; providing that selling, offering for sale, or distributing a 7
43+certain self–administered sexual assault evidence collection kit is an unfair, 8
44+deceptive, or abusive trade practice; establishing the Forensic Nurse Examiner 9
45+Training Grant Program; establishing the Forensic Nurse Examiner Training Grant 10
46+Program Fund as a special, nonlapsing fund; prohibiting the limitation or waiver of 11
47+certain rights and warranties on certain products used to collect evidence of a sexual 12
48+assault; and generally relating to self–administered sexual assault evidence 13
49+collection kits. 14 2 HOUSE BILL 1047
6550
66-Article – Commercial Law
6751
68-13–301.
6952
70- Unfair, abusive, or deceptive trade practices include any:
53+BY repealing and reenacting, with amendments, 1
54+ Article – Commercial Law 2
55+Section 13–301(14)(xl) 3
56+ Annotated Code of Maryland 4
57+ (2013 Replacement Volume and 2023 Supplement) 5
7158
72- (14) Violation of a provision of:
59+BY repealing and reenacting, without amendments, 6
60+ Article – Commercial Law 7
61+Section 13–301(14)(xli) 8
62+ Annotated Code of Maryland 9
63+ (2013 Replacement Volume and 2023 Supplement) 10
7364
74- (xl) Title 14, Subtitle 13 of the Public Safety Article; [or]
65+BY adding to 11
66+ Article – Commercial Law 12
67+Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle 13
68+“Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits” 14
69+ Annotated Code of Maryland 15
70+ (2013 Replacement Volume and 2023 Supplement) 16
7571
76- (xli) Title 14, Subtitle 45 of this article; or
72+BY adding to 17
73+ Article – Courts and Judicial Proceedings 18
74+Section 10–925 19
75+ Annotated Code of Maryland 20
76+ (2020 Replacement Volume and 2023 Supplement) 21
7777
78- (XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR
78+BY adding to 22
79+ Article – Criminal Procedure 23
80+ Section 11–926(j) 24
81+ Annotated Code of Maryland 25
82+ (2018 Replacement Volume and 2023 Supplement) 26
7983
80-SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION
81-KITS.
84+BY repealing and reenacting, with amendments, 27
85+ Article – Criminal Procedure 28
86+ Section 11–926(j) 29
87+ Annotated Code of Maryland 30
88+ (2018 Replacement Volume and 2023 Supplement) 31
8289
83-14–4601.
90+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
91+That the Laws of Maryland read as follows: 33
8492
85- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
86-INDICATED.
93+Article – Commercial Law 34
8794
88- (B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING
89-GRANT PROGRAM.
95+13–301. 35
9096
91- (C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN §
92-11–926 OF THE CRIMINAL PROCEDURE ARTICLE.
97+ Unfair, abusive, or deceptive trade practices include any: 36
98+ HOUSE BILL 1047 3
9399
94- (D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT”
95-MEANS MATERIALS ADVE RTISED OR MARKETED A S A MEANS FOR A PERSON OTHER WES MOORE, Governor Ch. 262
96100
97-– 3 –
98-THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVI DENCE OF
99-A SEXUAL CRIME .
101+ (14) Violation of a provision of: 1
100102
101- (E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE
102-COURTS ARTICLE.
103+ (xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 2
103104
104-14–4602.
105+ (xli) Title 14, Subtitle 45 of this article; or 3
105106
106- (A) THIS SECTION DOES NOT APPLY TO A SELF –ADMINISTERED SEXU AL
107-ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND
108-DEPARTMENT OF HEALTH.
107+ (XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR 4
109108
110- (B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A
111-SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT.
109+SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION 5
110+KITS. 6
112111
113- (C) (1) A VIOLATION OF THIS SE CTION IS:
112+14–4601. 7
114113
115- (I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE
116-WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND
114+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
115+INDICATED. 9
117116
118- (II) SUBJECT TO THE ENFORC EMENT AND PENALTY
119-PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE.
117+ (B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING 10
118+GRANT PROGRAM. 11
120119
121- (2) (I) IN ADDITION TO ANY PE NALTY IMPOSED UNDER TITLE 13
122-OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL
123-PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION .
120+ (C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN § 12
121+11–926 OF THE CRIMINAL PROCEDURE ARTICLE. 13
124122
125- (II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS
126-PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CIVIL ACTI ON OR AN
127-ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS
128-ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER §
129-13–403(D)(3) AND (4) OF THIS ARTICLE.
123+ (D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT” 14
124+MEANS MATERIALS ADVE RTISED OR MARKETED AS A MEANS FOR A PERSON O THER 15
125+THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVI DENCE OF 16
126+A SEXUAL CRIME . 17
130127
131- (D) ONLY THE ATTORNEY GENERAL MAY ENFORCE T HIS SECTION.
128+ (E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE 18
129+COURTS ARTICLE. 19
132130
133- (E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF
134-THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER
135-TRAINING GRANT PROGRAM FUND ESTAB LISHED UNDER § 14–4604 OF THIS
136-SUBTITLE.
131+14–4602. 20
137132
138-14–4603.
133+ (A) THIS SECTION DOES NOT APPLY TO A SELF–ADMINISTERED SEXUAL 21
134+ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND 22
135+DEPARTMENT OF HEALTH. 23
139136
140- (A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM.
141- Ch. 262 2024 LAWS OF MARYLAND
137+ (B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A 24
138+SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT. 25
142139
143-– 4 –
144- (B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES
145-THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO
146-FUND TRAINING FOR NURSES I N THE STATE TO DEVELOP SKIL LS IN CONDUCTING
147-FORENSIC EXAMINATION S OF VICTIMS OF SEXU AL ASSAULT.
140+ (C) (1) A VIOLATION OF THIS SECTION IS: 26
148141
149- (C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
150-VICTIM SERVICES SHALL ESTABL ISH:
142+ (I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 27
143+WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND 28
144+ 4 HOUSE BILL 1047
151145
152- (1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES AND
153-HIGHER EDUCATION INS TITUTIONS AND COLLEG ES IN THE STATE TO APPLY FOR
154-GRANT FUNDING FROM T HE PROGRAM; AND
155146
156- (2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT
157-FUNDING FROM THE PROGRAM.
147+ (II) SUBJECT TO THE ENFORC EMENT AND PENALTY 1
148+PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. 2
158149
159-14–4604.
150+ (2) (I) IN ADDITION TO ANY P ENALTY IMPOSED UNDER TITLE 13 3
151+OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL 4
152+PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION . 5
160153
161- (A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER
162-TRAINING GRANT PROGRAM FUND.
154+ (II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS 6
155+PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CI VIL ACTION OR AN 7
156+ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS 8
157+ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER § 9
158+13–403(D)(3) AND (4) OF THIS ARTICLE. 10
163159
164- (B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM
165-FUND.
160+ (D) ONLY THE ATTORNEY GENERAL MAY ENFORCE T HIS SECTION. 11
166161
167- (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS
168-AWARDED UNDER THE PROGRAM.
162+ (E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF 12
163+THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER 13
164+TRAINING GRANT PROGRAM FUND ESTABLISHED UNDE R § 14–4604 OF THIS 14
165+SUBTITLE. 15
169166
170- (D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
171-VICTIM SERVICES SHALL ADMINI STER THE FUND.
167+14–4603. 16
172168
173- (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
174-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
169+ (A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM. 17
175170
176- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
177-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
171+ (B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES 18
172+THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO 19
173+FUND TRAINING FOR NU RSES IN THE STATE TO DEVELOP SKIL LS IN CONDUCTING 20
174+FORENSIC EXAMINATION S OF VICTIMS OF SEXUAL AS SAULT. 21
178175
179- (F) THE FUND CONSISTS OF :
176+ (C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 22
177+VICTIM SERVICES SHALL ESTABL ISH: 23
180178
181- (1) REVENUE DISTRIBUTED T O THE FUND UNDER § 14–4602 OF THIS
182-SUBTITLE; AND
179+ (1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES AND 24
180+HIGHER EDUCATION INS TITUTIONS AND COLLEG ES IN THE STATE TO APPLY FOR 25
181+GRANT FUNDING FROM THE PROGRAM; AND 26
183182
184- (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
185-THE BENEFIT OF THE FUND.
186- WES MOORE, Governor Ch. 262
183+ (2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT 27
184+FUNDING FROM THE PROGRAM. 28
187185
188-– 5 –
189- (G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT
190-ENTITIES THROUGH THE PROGRAM.
186+14–4604. 29
191187
192- (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
193-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
188+ (A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER 30
189+TRAINING GRANT PROGRAM FUND. 31
190+ HOUSE BILL 1047 5
194191
195- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
196-THE GENERAL FUND OF THE STATE.
197192
198- (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
199-WITH THE STATE BUDGET .
193+ (B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM 1
194+FUND. 2
200195
201-Article – Courts and Judicial Proceedings
196+ (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS 3
197+AWARDED UNDER THE PROGRAM. 4
202198
203-10–925.
199+ (D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 5
200+VICTIM SERVICES SHALL ADMINI STER THE FUND. 6
204201
205- (A) IN THIS SECTION, “SEXUAL CRIME ” MEANS:
202+ (E) (1) THE FUND IS A SPE CIAL, NONLAPSING FUND THAT IS NOT 7
203+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
206204
207- (1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW
208-ARTICLE;
205+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9
206+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10
209207
210- (2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE
211-CRIMINAL LAW ARTICLE; OR
208+ (F) THE FUND CONSISTS OF : 11
212209
213- (3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF
214-THE CRIMINAL LAW ARTICLE.
210+ (1) REVENUE DISTRIB UTED TO THE FUND UNDER § 14–4602 OF THIS 12
211+SUBTITLE; AND 13
215212
216- (A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE
217-MEANING STATED IN § 10–923 OF THIS SUBTITLE.
213+ (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 14
214+THE BENEFIT OF THE FUND. 15
218215
219- (B) EVIDENCE INFORMATION THAT PHYSICAL EVIDEN CE OF A SEXUAL
220-CRIME SEXUALLY ASSAULTIVE BEHAVIOR WAS OBTAINED USING M ATERIALS THAT
221-WERE SOLD, OFFERED FOR SALE , OR DISTRIBU TED IN A MANNER THAT WOULD
222-CONSTITUTE A VIOLATI ON OF § 14–4602 OF THE COMMERCIAL LAW ARTICLE IS NOT
223-ADMISSIBLE IN A CRIM INAL OR CIVIL PROCEE DING INVOLVING AN AL LEGATION OF
224-A SEXUAL CRIME SEXUALLY ASSAULTIVE BEHAVIOR.
216+ (G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT 16
217+ENTITIES THROUGH THE PROGRAM. 17
225218
226- (C) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE A COURT T O ADMIT
227-PHYSICAL EVIDENCE .
219+ (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 18
220+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 19
228221
229-Article – Criminal Procedure
222+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 20
223+THE GENERAL FUND OF THE STATE. 21
230224
231-11–926.
232- Ch. 262 2024 LAWS OF MARYLAND
225+ (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 22
226+WITH THE STATE BUDGET . 23
233227
234-– 6 –
235- (J) (1) ANY AGREEMENT , CONDITION OF ACCESS OR USE, OR POLICY
236-THAT LIMITS OR WAIVE S ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REMEDY TO
237-A CLAIM AGAINST ANY PERSON WHO PROVIDES A VICTIM OR ANOTHER PERSON WITH
238-ANY SERVICE, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT EVIDENCE
239-OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINST THE PU BLIC POLICY OF
240-THE STATE.
228+Article – Courts and Judicial Proceedings 24
241229
242- (2) ANY DISCLAIMER OF ANY WARRANTIES , EXPRESS OR IMPLIED , OF
243-MERCHANTABILITY , FITNESS FOR A PARTIC ULAR PURPOSE , OR NONINFRINGEMENT
244-REGARDING ANY SERVIC E, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT
245-EVIDENCE OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINS T THE PUBLIC
246-POLICY OF THE STATE.
230+10–925. 25
247231
248- [(j)] (K) The Attorney General shall adopt regulations for uniform statewide
249-implementation of this section.
232+ (A) IN THIS SECTION, “SEXUAL CRIME ” MEANS: 26
250233
251- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
252-October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the
253-public health or safety, has been passed by a yea and nay vote supported by three–fifths of
254-all the members elected to each of the two Houses of the General Assembly, and shall take
255-effect from the date it is enacted.
234+ (1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 27
235+ARTICLE; 28
236+ 6 HOUSE BILL 1047
256237
257-Approved by the Governor, April 25, 2024.
238+
239+ (2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE 1
240+CRIMINAL LAW ARTICLE; OR 2
241+
242+ (3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF 3
243+THE CRIMINAL LAW ARTICLE. 4
244+
245+ (A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE 5
246+MEANING STATED IN § 10–923 OF THIS SUBTITLE. 6
247+
248+ (B) EVIDENCE INFORMATION THAT PHYSICAL EVIDEN CE OF A SEXUAL 7
249+CRIME SEXUALLY ASSAULTIVE BEHAVIOR WAS OBTAINED USING M ATERIALS THAT 8
250+WERE SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN A MANNER THAT WOULD 9
251+CONSTITUTE A VIOLATI ON OF § 14–4602 OF THE COMMERCIAL LAW ARTICLE IS NOT 10
252+ADMISSIBLE IN A CRIMINAL OR CIVI L PROCEEDING INVOLVI NG AN ALLEGATION OF 11
253+A SEXUAL CRIME SEXUALLY ASSAULTIVE BEHAVIOR. 12
254+
255+ (C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A COURT TO ADMIT 13
256+PHYSICAL EVIDENCE . 14
257+
258+Article – Criminal Procedure 15
259+
260+11–926. 16
261+
262+ (J) (1) ANY AGREEMENT , CONDITION OF ACCESS OR USE, OR POLICY 17
263+THAT LIMITS OR WAIVE S ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REMEDY TO 18
264+A CLAIM AGAINST ANY PERSON WHO PROVIDES A VICTIM OR ANOTHER PERSON WITH 19
265+ANY SERVICE, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT EVIDENCE 20
266+OF A SEXUAL ASSAULT IS NU LL AND VOID AS BEING AGAINST THE PUBLIC P OLICY OF 21
267+THE STATE. 22
268+
269+ (2) ANY DISCLAIMER OF ANY WARRANTIES , EXPRESS OR IMPLIED , OF 23
270+MERCHANTABILITY , FITNESS FOR A PARTIC ULAR PURPOSE , OR NONINFRINGEMENT 24
271+REGARDING ANY SERVIC E, PRODUCT, INFORMATI ON, OR OTHER MEANS TO CO LLECT 25
272+EVIDENCE OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINS T THE PUBLIC 26
273+POLICY OF THE STATE. 27
274+
275+ [(j)] (K) The Attorney General shall adopt regulations for uniform statewide 28
276+implementation of this section. 29
277+
278+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
279+October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the 31
280+public health or safety, has been passed by a yea and nay vote supported by three–fifths of 32
281+all the members elected to each of the two Houses of the General Assembly, and shall take 33
282+effect from the date it is enacted. 34
283+