MD
Maryland House Bill HB115

Maryland 2024 Regular Session

Maryland House Bill HB115 Compare Versions

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1- WES MOORE, Governor Ch. 758
21
3-– 1 –
4-Chapter 758
5-(House Bill 115)
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+ *hb0115*
89
9-Criminal Procedure – Victims’ Rights – Notification of Release From
10-Confinement
11-(Jaycee Webster Victims’ Rights Act)
10+HOUSE BILL 115
11+E2, E5 4lr0615
12+SB 684/23 – JPR (PRE–FILED) CF SB 4
13+By: Delegates Kaufman, Solomon, Attar, Buckel, Grammer, Hinebaugh ,
14+Hornberger, T. Morgan, Patterson, Pena–Melnyk, Pruski, Simpson, Stein,
15+and Wu Wu, Munoz, Cardin, Schmidt, Simmons, Phillips, Arikan, Taylor,
16+Valentine, and Conaway
17+Requested: September 11, 2023
18+Introduced and read first time: January 10, 2024
19+Assigned to: Judiciary
20+Committee Report: Favorable with amendments
21+House action: Adopted
22+Read second time: March 17, 2024
1223
13-FOR the purpose of requiring a certain commitment unit to include in a notification given
14-to a victim, victim’s representative, or witness regarding the release from
15-confinement of a sentenced defendant or child respondent the name and telephone
16-number of a certain victim services employee the Maryland Crime Victims Resource
17-Center; and generally relating to victims’ rights.
24+CHAPTER ______
1825
19-BY repealing and reenacting, with amendments,
20- Article – Criminal Procedure
21-Section 11–508
22- Annotated Code of Maryland
23- (2018 Replacement Volume and 2023 Supplement)
26+AN ACT concerning 1
2427
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
28+Criminal Procedure – Victims’ Rights – Notification of Release From 2
29+Confinement 3
30+(Jaycee Webster Victims’ Rights Act) 4
2731
28-Article – Criminal Procedure
32+FOR the purpose of requiring a certain commitment unit to include in a notification given 5
33+to a victim, victim’s representative, or witness regarding the release from 6
34+confinement of a sentenced defendant or child respondent the name and telephone 7
35+number of a certain victim services employee the Maryland Crime Victims Resource 8
36+Center; and generally relating to victims’ rights. 9
2937
30-11–508.
38+BY repealing and reenacting, with amendments, 10
39+ Article – Criminal Procedure 11
40+Section 11–508 12
41+ Annotated Code of Maryland 13
42+ (2018 Replacement Volume and 2023 Supplement) 14
3143
32- (a) (1) In this section the following words have the meanings indicated.
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
45+That the Laws of Maryland read as follows: 16
3346
34- (2) “Commitment unit” means a unit that a court orders to retain custody
35-of a defendant or a child respondent and that receives a notification request form under §
36-11–104(g)(1) or (h) of this title.
47+Article – Criminal Procedure 17
48+ 2 HOUSE BILL 115
3749
38- (3) “Release from confinement” means work release, home detention, or
39-other administrative or statutorily authorized release of a defendant or child respondent
40-from a confinement facility.
4150
42- (4) “Witness” means a person who:
51+11–508. 1
4352
44- (i) knows of facts relating to a crime of violence or conspiracy or
45-solicitation to commit a crime of violence; and
53+ (a) (1) In this section the following words have the meanings indicated. 2
4654
47- (ii) 1. makes a declaration under oath that is received as
48-evidence for any purpose; or
49- Ch. 758 2024 LAWS OF MARYLAND
55+ (2) “Commitment unit” means a unit that a court orders to retain custody 3
56+of a defendant or a child respondent and that receives a notification request form under § 4
57+11–104(g)(1) or (h) of this title. 5
5058
51-– 2 –
52- 2. has been served with a subpoena issued under the
53-authority of a court of this or any other state or of the United States.
59+ (3) “Release from confinement” means work release, home detention, or 6
60+other administrative or statutorily authorized release of a defendant or child respondent 7
61+from a confinement facility. 8
5462
55- (b) This section applies to a victim or victim’s representative who has submitted
56-a notification request form under § 11–104 of this title.
63+ (4) “Witness” means a person who: 9
5764
58- (c) This section applies if a witness requests in writing that a commitment unit
59-notify the witness in writing of the release from confinement of a defendant or child
60-respondent.
65+ (i) knows of facts relating to a crime of violence or conspiracy or 10
66+solicitation to commit a crime of violence; and 11
6167
62- (d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this
63-title or a written request from a witness for notification, a commitment unit, if practicable,
64-shall notify the victim, victim’s representative, or witness of:
68+ (ii) 1. makes a declaration under oath that is received as 12
69+evidence for any purpose; or 13
6570
66- (1) receipt of the notification request form;
71+ 2. has been served with a subpoena issued under the 14
72+authority of a court of this or any other state or of the United States. 15
6773
68- (2) the date when the defendant or child respondent was placed in the
69-custody of the commitment unit;
74+ (b) This section applies to a victim or victim’s representative who has submitted 16
75+a notification request form under § 11–104 of this title. 17
7076
71- (3) how to change the address to receive notice for the victim, victim’s
72-representative, witness, or the person to receive notice for the victim; and
77+ (c) This section applies if a witness requests in writing that a commitment unit 18
78+notify the witness in writing of the release from confinement of a defendant or child 19
79+respondent. 20
7380
74- (4) how to elect not to receive future notices.
81+ (d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this 21
82+title or a written request from a witness for notification, a commitment unit, if practicable, 22
83+shall notify the victim, victim’s representative, or witness of: 23
7584
76- (e) (1) The commitment unit shall notify a victim, victim’s representative, or
77-witness, in advance if practicable, if any of the following events occur concerning the
78-defendant or child respondent:
85+ (1) receipt of the notification request form; 24
7986
80- [(1)] (I) an escape;
87+ (2) the date when the defendant or child respondent was placed in the 25
88+custody of the commitment unit; 26
8189
82- [(2)] (II) a recapture;
90+ (3) how to change the address to receive notice for the victim, victim’s 27
91+representative, witness, or the person to receive notice for the victim; and 28
8392
84- [(3)] (III) a transfer to another commitment unit;
93+ (4) how to elect not to receive future notices. 29
8594
86- [(4)] (IV) a release from confinement and any conditions attached to the
87-release; and
95+ (e) (1) The commitment unit shall notify a victim, victim’s representative, or 30
96+witness, in advance if practicable, if any of the following events occur concerning the 31
97+defendant or child respondent: 32 HOUSE BILL 115 3
8898
89- [(5)] (V) the death of the defendant or child respondent.
9099
91- (2) WHEN A SENTENCED DEFE NDANT OR CHILD RESPO NDENT IS
92-BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUDE IN
93-THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION T HE
94-NAME AND TELEPHONE NUMBER OF THE LEAD VICTIM SERVICES EMPLOYEE OF T HE
95-STATE’S ATTORNEY’S OFFICE OF THE COUN TY IN WHICH THE SENT ENCED WES MOORE, Governor Ch. 758
96100
97-– 3 –
98-DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED MARYLAND CRIME VICTIMS
99-RESOURCE CENTER.
101+ [(1)] (I) an escape; 1
100102
101- (f) A commitment unit may not disclose to a defendant or child respondent the
102-address or telephone number of a witness, victim, victim’s representative, or person who
103-receives notice for the victim.
103+ [(2)] (II) a recapture; 2
104104
105- (g) An elected public official, public employee, or public unit has the immunity
106-described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages
107-arising out of an action relating to this section, unless the official, employee, or unit acts
108-with gross negligence or in bad faith.
105+ [(3)] (III) a transfer to another commitment unit; 3
109106
110- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
111-October 1, 2024.
107+ [(4)] (IV) a release from confinement and any conditions attached to the 4
108+release; and 5
112109
113-Approved by the Governor, May 16, 2024.
110+ [(5)] (V) the death of the defendant or child respondent. 6
111+
112+ (2) WHEN A SENTENCED DEFE NDANT OR CHILD RESPO NDENT IS 7
113+BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUD E IN 8
114+THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION T HE 9
115+NAME AND TELEPHONE NUMBER OF THE LEAD VICTIM SERVICES EMPLOYEE OF THE 10
116+STATE’S ATTORNEY’S OFFICE OF THE COUN TY IN WHICH THE SENT ENCED 11
117+DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED MARYLAND CRIME VICTIMS 12
118+RESOURCE CENTER. 13
119+
120+ (f) A commitment unit may not disclose to a defendant or child respondent the 14
121+address or telephone number of a witness, victim, victim’s representative, or person who 15
122+receives notice for the victim. 16
123+
124+ (g) An elected public official, public employee, or public unit has the immunity 17
125+described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages 18
126+arising out of an action relating to this section, unless the official, employee, or unit acts 19
127+with gross negligence or in bad faith. 20
128+
129+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
130+October 1, 2024. 22
131+
132+
133+
134+
135+Approved:
136+________________________________________________________________________________
137+ Governor.
138+________________________________________________________________________________
139+ Speaker of the House of Delegates.
140+________________________________________________________________________________
141+ President of the Senate.