MD
Maryland House Bill HB458

Maryland 2024 Regular Session

Maryland House Bill HB458 Compare Versions

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1- WES MOORE, Governor Ch. 878
21
3-– 1 –
4-Chapter 878
5-(House Bill 458)
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+ *hb0458*
89
9-Criminal Procedure – Protection of Identity of Minor Victim
10+HOUSE BILL 458
11+E2 4lr1343
12+HB 1032/23 – JUD CF SB 111
13+By: Delegates Phillips, Arikan, Cardin, Grammer, Kaufman, McCaskill, Pasteur,
14+Simmons, Simpson, Taylor, White Holland, and Young Young, Conaway,
15+and Williams
16+Introduced and read first time: January 22, 2024
17+Assigned to: Judiciary
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: March 7, 2024
1021
11-FOR the purpose of requiring, with a certain exception, a party or nonparty making a
12-certain filing in a criminal or juvenile delinquency case to redact certain identifying
13-information relating to a minor victim that appears in the filing; authorizing the
14-Supreme Court of Maryland to adopt rules requiring or authorizing a person making
15-a redacted filing under this Act to also file an unredacted copy under seal providing
16-that a court or a party in a criminal or juvenile delinquency case may not disclose or
17-allow inspection of a certain court filing to a nonparty unless the court or the party
18-redacts certain identifying information relating to a minor victim that appears in the
19-filing, subject to a certain exception; and generally relating to protection of victims.
22+CHAPTER ______
2023
21-BY repealing and reenacting, with amendments,
22- Article – Criminal Procedure
23-Section 11–301
24- Annotated Code of Maryland
25- (2018 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2625
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
26+Criminal Procedure – Protection of Identity of Minor Victim 2
2927
30-Article – Criminal Procedure
28+FOR the purpose of requiring, with a certain exception, a party or nonparty making a 3
29+certain filing in a criminal or juvenile delinquency case to redact certain identifying 4
30+information relating to a minor victim that appears in the filing; authorizing the 5
31+Supreme Court of Maryland to adopt rules requiring or authorizing a person making 6
32+a redacted filing under this Act to also file an unredacted copy under seal providing 7
33+that a court or a party in a criminal or juvenile delinquency case may not disclose or 8
34+allow inspection of a certain court filing to a nonparty unless the court or the party 9
35+redacts certain identifying information relating to a minor victim that appears in the 10
36+filing, subject to a certain exception; and generally relating to protection of victims. 11
3137
32-11–301.
38+BY repealing and reenacting, with amendments, 12
39+ Article – Criminal Procedure 13
40+Section 11–301 14
41+ Annotated Code of Maryland 15
42+ (2018 Replacement Volume and 2023 Supplement) 16
3343
34- (A) On motion of the State or on request of a victim or witness, during a criminal
35-trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the
36-address or telephone number of the victim or witness unless the court determines that good
37-cause is shown for the release of the information.
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
45+That the Laws of Maryland read as follows: 18
3846
39- (B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
40-MEANINGS INDICATED .
47+Article – Criminal Procedure 19
48+ 2 HOUSE BILL 458
4149
42- (II) “IDENTIFYING INFORMATI ON” MEANS THE NAME OF , AND
43-ANY OTHER INFORMATIO N THAT COULD REASONA BLY BE EXPECTED TO IDENTIFY, A
44-MINOR VICTIM.
4550
46- (III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR
47-DELINQUENT ACT WHO W AS A MINOR AT THE TI ME THAT THE CRIME OR DELINQUENT
48-ACT OCCURRED . Ch. 878 2024 LAWS OF MARYLAND
51+11–301. 1
4952
50-– 2 –
53+ (A) On motion of the State or on request of a victim or witness, during a criminal 2
54+trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the 3
55+address or telephone number of the victim or witness unless the court determines that good 4
56+cause is shown for the release of the information. 5
5157
52- (2) NOTWITHSTANDING ANY O THER LAW , ON NOTICE THAT AN
53-ELECTRONIC OR PAPER FILING INCLUDES IDENTIFYING INFORMATION OF A MIN OR
54-VICTIM, UNLESS THE COURT FIN DS BY CLEAR AND CONV INCING EVIDENCE THAT
55-THERE IS GOOD CAUSE TO ORDER OTHERWISE , A PARTY OR NONPARTY MAKING AN
56-ELECTRONIC OR PAPER COURT FILING, INCLUDING THE FILING OF A CHARGING
57-DOCUMENT , IN A CRIMINAL OR JUVENILE DELINQUENCY CASE SHALL REDACT AN Y
58-IDENTIFYING INFORMAT ION THAT APPEARS IN THE FILING THE COURT OR A PARTY
59-IN A CRIMINAL OR JUV ENILE DELINQUENCY CA SE MAY NOT DISCLOSE OR ALLOW
60-INSPECTION OF AN ELE CTRONIC OR PAPER COU RT FILING, INCLUDING A CHARGING
61-DOCUMENT , TO A NONPARTY TO THE CRIMINAL OR JUVENILE DELINQUENCY CASE
62-UNLESS THE COURT OR THE PARTY DISCLOSING OR ALLOWING INSPECTI ON OF THE
63-FILING REDACTS ALL I DENTIFYING INFORMATI ON THAT APPEARS IN T HE FILING.
58+ (B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 6
59+MEANINGS INDICATED . 7
6460
65- (3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES
66-REQUIRING OR AUTHORI ZING A PERSON MAKING A REDACTED FILING UN DER
67-PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNRED ACTED COPY UNDER
68-SEAL.
61+ (II) “IDENTIFYING INFORMATI ON” MEANS THE NAME OF , AND 8
62+ANY OTHER INFORMATIO N THAT COULD REASONA BLY BE EXPECTED TO IDENTIFY, A 9
63+MINOR VICTIM. 10
6964
70- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
71-October 1, 2024.
65+ (III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR 11
66+DELINQUENT ACT WHO W AS A MINOR AT THE TI ME THAT THE CRIME OR DELINQUENT 12
67+ACT OCCURRED . 13
7268
73-Approved by the Governor, May 16, 2024.
69+ (2) NOTWITHSTANDING ANY O THER LAW , ON NOTICE THAT AN 14
70+ELECTRONIC OR PAPER FILING INCLUDES IDENTIFYING INFORMATION OF A MIN OR 15
71+VICTIM, UNLESS THE COURT FIN DS BY CLEAR AND CONV INCING EVIDENCE THAT 16
72+THERE IS GOOD CAUSE TO ORDER OTHERWISE , A PARTY OR NONPARTY MAKING AN 17
73+ELECTRONIC OR PAPER COURT FILING, INCLUDING THE FILING OF A CHARGING 18
74+DOCUMENT , IN A CRIMINAL OR JUVENILE DELINQUENCY CASE SHALL REDACT AN Y 19
75+IDENTIFYING INFORMAT ION THAT APPEARS IN THE FILING THE COURT OR A PARTY 20
76+IN A CRIMINAL OR JUV ENILE DELINQUENCY CA SE MAY NOT DISCLOSE OR ALLOW 21
77+INSPECTION OF AN ELE CTRONIC OR PAPER COU RT FILING, INCLUDING A CHARGING 22
78+DOCUMENT , TO A NONPARTY TO THE CRIMINAL OR JUVENILE DELINQUENCY CASE 23
79+UNLESS THE COURT OR THE PARTY DISCLOSING OR ALLOWING INSPECTI ON OF THE 24
80+FILING REDACTS ALL I DENTIFYING INFORMATI ON THAT APPEARS IN T HE FILING. 25
81+
82+ (3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES 26
83+REQUIRING OR AUTHORI ZING A PERSON MAKING A REDACTED FILING UN DER 27
84+PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNRED ACTED COPY UNDER 28
85+SEAL. 29
86+
87+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
88+October 1, 2024. 31
89+