EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0115*
HOUSE BILL 115
E2, E5 4lr0615
SB 684/23 – JPR (PRE–FILED) CF SB 4
By: Delegates Kaufman, Solomon, Attar, Buckel, Grammer, Hinebaugh,
Hornberger, T. Morgan, Patterson, Pena–Melnyk, Pruski, Simpson, Stein,
and Wu
Requested: September 11, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Victims’ Rights – Notification of Release From 2
Confinement 3
(Jaycee Webster Victims’ Rights Act) 4
FOR the purpose of requiring a certain commitment unit to include in a notification given 5
to a victim, victim’s representative, or witness regarding the release from 6
confinement of a sentenced defendant or child respondent the name and telephone 7
number of a certain victim services employee; and generally relating to victims’ 8
rights. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Procedure 11
Section 11–508 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
11–508. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) “Commitment unit” means a unit that a court orders to retain custody 20
of a defendant or a child respondent and that receives a notification request form under § 21
11–104(g)(1) or (h) of this title. 22 2 HOUSE BILL 115
(3) “Release from confinement” means work release, home detention, or 1
other administrative or statutorily authorized release of a defendant or child respondent 2
from a confinement facility. 3
(4) “Witness” means a person who: 4
(i) knows of facts relating to a crime of violence or conspiracy or 5
solicitation to commit a crime of violence; and 6
(ii) 1. makes a declaration under oath that is received as 7
evidence for any purpose; or 8
2. has been served with a subpoena issued under the 9
authority of a court of this or any other state or of the United States. 10
(b) This section applies to a victim or victim’s representative who has submitted 11
a notification request form under § 11–104 of this title. 12
(c) This section applies if a witness requests in writing that a commitment unit 13
notify the witness in writing of the release from confinement of a defendant or child 14
respondent. 15
(d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this 16
title or a written request from a witness for notification, a commitment unit, if practicable, 17
shall notify the victim, victim’s representative, or witness of: 18
(1) receipt of the notification request form; 19
(2) the date when the defendant or child respondent was placed in the 20
custody of the commitment unit; 21
(3) how to change the address to receive notice for the victim, victim’s 22
representative, witness, or the person to receive notice for the victim; and 23
(4) how to elect not to receive future notices. 24
(e) (1) The commitment unit shall notify a victim, victim’s representative, or 25
witness, in advance if practicable, if any of the following events occur concerning the 26
defendant or child respondent: 27
[(1)] (I) an escape; 28
[(2)] (II) a recapture; 29
[(3)] (III) a transfer to another commitment unit; 30
HOUSE BILL 115 3
[(4)] (IV) a release from confinement and any conditions attached to the 1
release; and 2
[(5)] (V) the death of the defendant or child respondent. 3
(2) WHEN A SENTENCED DEFE NDANT OR CHILD RESPO NDENT IS 4
BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUDE IN 5
THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION T HE 6
NAME AND TELEPHONE N UMBER OF THE LEAD VI CTIM SERVICES EMPLOY EE OF THE 7
STATE’S ATTORNEY’S OFFICE OF THE COUN TY IN WHICH THE SENT ENCED 8
DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED. 9
(f) A commitment unit may not disclose to a defendant or child respondent the 10
address or telephone number of a witness, victim, victim’s representative, or person who 11
receives notice for the victim. 12
(g) An elected public official, public employee, or public unit has the immunity 13
described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages 14
arising out of an action relating to this section, unless the official, employee, or unit acts 15
with gross negligence or in bad faith. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2024. 18