Maryland 2024 2024 Regular Session

Maryland House Bill HB458 Introduced / Bill

Filed 01/23/2024

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0458*  
  
HOUSE BILL 458 
E2   	4lr1343 
HB 1032/23 – JUD   	CF SB 111 
By: Delegates Phillips, Arikan, Cardin, Grammer, Kaufman, McCaskill, Pasteur, 
Simmons, Simpson, Taylor, White Holland, and Young 
Introduced and read first time: January 22, 2024 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Criminal Procedure – Protection of Identity of Minor Victim 2 
 
FOR the purpose of requiring, with a certain exception, a party or nonparty making a 3 
certain filing in a criminal or juvenile delinquency case to redact certain identifying 4 
information relating to a minor victim that appears in the filing; authorizing the 5 
Supreme Court of Maryland to adopt rules requiring or authorizing a person making 6 
a redacted filing under this Act to also file an unredacted copy under seal; and 7 
generally relating to protection of victims. 8 
 
BY repealing and reenacting, with amendments, 9 
 Article – Criminal Procedure 10 
Section 11–301 11 
 Annotated Code of Maryland 12 
 (2018 Replacement Volume and 2023 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Criminal Procedure 16 
 
11–301. 17 
 
 (A) On motion of the State or on request of a victim or witness, during a criminal 18 
trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the 19 
address or telephone number of the victim or witness unless the court determines that good 20 
cause is shown for the release of the information. 21 
 
 (B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 22 
MEANINGS INDICATED . 23  2 	HOUSE BILL 458  
 
 
 
 (II) “IDENTIFYING INFORMATI ON” MEANS THE NAME OF , AND 1 
ANY OTHER INFORMATIO N THAT COULD REASONA BLY BE EXPECTED TO I DENTIFY, A 2 
MINOR VICTIM. 3 
 
 (III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR 4 
DELINQUENT ACT WHO W AS A MINOR AT THE TI ME THAT THE CRIME OR DELINQUENT 5 
ACT OCCURRED . 6 
 
 (2) NOTWITHSTANDING ANY O THER LAW, UNLESS THE COURT FIN DS 7 
BY CLEAR AND CONVINC ING EVIDENCE THAT TH ERE IS GOOD CAU SE TO ORDER 8 
OTHERWISE, A PARTY OR NONPARTY MAKING AN ELECTRONIC OR PAPER COURT 9 
FILING, INCLUDING THE FILING OF A CHARGING DOCUME NT, IN A CRIMINAL OR 10 
JUVENILE DELINQUENCY CASE SHALL REDACT AN Y IDENTIFYING INFORM ATION 11 
THAT APPEARS IN THE FILING. 12 
 
 (3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES 13 
REQUIRING OR AUTHORI ZING A PERSON MAKING A REDACTED FILING UN DER 14 
PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNRED ACTED COPY UNDER 15 
SEAL. 16 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 
October 1, 2024. 18