WES MOORE, Governor Ch. 262
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Chapter 262
(House Bill 1047)
AN ACT concerning
Consumer Protection – Self–Administered Sexual Assault Evidence Collection
Kits
FOR the purpose of providing that a party in a criminal trial involving an allegation of a
sexual crime sexually assaultive behavior may not introduce evidence information
that physical evidence of a sexual crime sexually assaultive behavior was obtained
using certain materials; providing that selling, offering for sale, or distributing a
certain self–administered sexual assault evidence collection kit is an unfair,
deceptive, or abusive trade practice; establishing the Forensic Nurse Examiner
Training Grant Program; establishing the Forensic Nurse Examiner Training Grant
Program Fund as a special, nonlapsing fund; prohibiting the limitation or waiver of
certain rights and warranties on certain products used to collect evidence of a sexual
assault; and generally relating to self–administered sexual assault evidence
collection kits.
BY repealing and reenacting, with amendments,
Article – Commercial Law
Section 13–301(14)(xl)
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Commercial Law
Section 13–301(14)(xli)
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY adding to
Article – Commercial Law
Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle
“Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits”
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY adding to
Article – Courts and Judicial Proceedings
Section 10–925
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY adding to Ch. 262 2024 LAWS OF MARYLAND
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Article – Criminal Procedure
Section 11–926(j)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 11–926(j)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Commercial Law
13–301.
Unfair, abusive, or deceptive trade practices include any:
(14) Violation of a provision of:
(xl) Title 14, Subtitle 13 of the Public Safety Article; [or]
(xli) Title 14, Subtitle 45 of this article; or
(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR
SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION
KITS.
14–4601.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING
GRANT PROGRAM.
(C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN §
11–926 OF THE CRIMINAL PROCEDURE ARTICLE.
(D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT”
MEANS MATERIALS ADVE RTISED OR MARKETED A S A MEANS FOR A PERSON OTHER WES MOORE, Governor Ch. 262
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THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVI DENCE OF
A SEXUAL CRIME .
(E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE
COURTS ARTICLE.
14–4602.
(A) THIS SECTION DOES NOT APPLY TO A SELF –ADMINISTERED SEXU AL
ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND
DEPARTMENT OF HEALTH.
(B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A
SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT.
(C) (1) A VIOLATION OF THIS SE CTION IS:
(I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE
WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND
(II) SUBJECT TO THE ENFORC EMENT AND PENALTY
PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE.
(2) (I) IN ADDITION TO ANY PE NALTY IMPOSED UNDER TITLE 13
OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL
PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION .
(II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS
PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CIVIL ACTI ON OR AN
ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS
ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER §
13–403(D)(3) AND (4) OF THIS ARTICLE.
(D) ONLY THE ATTORNEY GENERAL MAY ENFORCE T HIS SECTION.
(E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF
THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER
TRAINING GRANT PROGRAM FUND ESTAB LISHED UNDER § 14–4604 OF THIS
SUBTITLE.
14–4603.
(A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM.
Ch. 262 2024 LAWS OF MARYLAND
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(B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES
THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO
FUND TRAINING FOR NURSES I N THE STATE TO DEVELOP SKIL LS IN CONDUCTING
FORENSIC EXAMINATION S OF VICTIMS OF SEXU AL ASSAULT.
(C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
VICTIM SERVICES SHALL ESTABL ISH:
(1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES AND
HIGHER EDUCATION INS TITUTIONS AND COLLEG ES IN THE STATE TO APPLY FOR
GRANT FUNDING FROM T HE PROGRAM; AND
(2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT
FUNDING FROM THE PROGRAM.
14–4604.
(A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER
TRAINING GRANT PROGRAM FUND.
(B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM
FUND.
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS
AWARDED UNDER THE PROGRAM.
(D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
VICTIM SERVICES SHALL ADMINI STER THE FUND.
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(F) THE FUND CONSISTS OF :
(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 14–4602 OF THIS
SUBTITLE; AND
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
WES MOORE, Governor Ch. 262
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(G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT
ENTITIES THROUGH THE PROGRAM.
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
THE GENERAL FUND OF THE STATE.
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET .
Article – Courts and Judicial Proceedings
10–925.
(A) IN THIS SECTION, “SEXUAL CRIME ” MEANS:
(1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW
ARTICLE;
(2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE
CRIMINAL LAW ARTICLE; OR
(3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF
THE CRIMINAL LAW ARTICLE.
(A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE
MEANING STATED IN § 10–923 OF THIS SUBTITLE.
(B) EVIDENCE INFORMATION THAT PHYSICAL EVIDEN CE OF A SEXUAL
CRIME SEXUALLY ASSAULTIVE BEHAVIOR WAS OBTAINED USING M ATERIALS THAT
WERE SOLD, OFFERED FOR SALE , OR DISTRIBU TED IN A MANNER THAT WOULD
CONSTITUTE A VIOLATI ON OF § 14–4602 OF THE COMMERCIAL LAW ARTICLE IS NOT
ADMISSIBLE IN A CRIM INAL OR CIVIL PROCEE DING INVOLVING AN AL LEGATION OF
A SEXUAL CRIME SEXUALLY ASSAULTIVE BEHAVIOR.
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE A COURT T O ADMIT
PHYSICAL EVIDENCE .
Article – Criminal Procedure
11–926.
Ch. 262 2024 LAWS OF MARYLAND
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(J) (1) ANY AGREEMENT , CONDITION OF ACCESS OR USE, OR POLICY
THAT LIMITS OR WAIVE S ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REMEDY TO
A CLAIM AGAINST ANY PERSON WHO PROVIDES A VICTIM OR ANOTHER PERSON WITH
ANY SERVICE, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT EVIDENCE
OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINST THE PU BLIC POLICY OF
THE STATE.
(2) ANY DISCLAIMER OF ANY WARRANTIES , EXPRESS OR IMPLIED , OF
MERCHANTABILITY , FITNESS FOR A PARTIC ULAR PURPOSE , OR NONINFRINGEMENT
REGARDING ANY SERVIC E, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT
EVIDENCE OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINS T THE PUBLIC
POLICY OF THE STATE.
[(j)] (K) The Attorney General shall adopt regulations for uniform statewide
implementation of this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the
public health or safety, has been passed by a yea and nay vote supported by three–fifths of
all the members elected to each of the two Houses of the General Assembly, and shall take
effect from the date it is enacted.
Approved by the Governor, April 25, 2024.