Maryland 2024 2024 Regular Session

Maryland Senate Bill SB111 Engrossed / Bill

Filed 02/20/2024

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0111*  
  
SENATE BILL 111 
E2   	4lr1345 
HB 1032/23 – JUD 	(PRE–FILED) 	CF HB 458 
By: Senator Sydnor 
Requested: October 31, 2023 
Introduced and read first time: January 10, 2024 
Assigned to: Judicial Proceedings 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 12, 2024 
 
CHAPTER ______ 
 
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 providing 7 
that a court or a party in a criminal or juvenile delinquency case may not disclose or 8 
allow inspection of a certain court filing to a nonparty unless the court or the party 9 
redacts certain identifying information relating to a minor victim that appears in the 10 
filing, subject to a certain exception; and generally relating to protection of victims. 11 
 
BY repealing and reenacting, with amendments, 12 
 Article – Criminal Procedure 13 
Section 11–301 14 
 Annotated Code of Maryland 15 
 (2018 Replacement Volume and 2023 Supplement) 16 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 
That the Laws of Maryland read as follows: 18 
 
Article – Criminal Procedure 19 
 
11–301. 20  2 	SENATE BILL 111  
 
 
 
 (A) On motion of the State or on request of a victim or witness, during a criminal 1 
trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the 2 
address or telephone number of the victim or witness unless the court determines that good 3 
cause is shown for the release of the information. 4 
 
 (B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 5 
MEANINGS INDICATED . 6 
 
 (II) “IDENTIFYING INFORMATI ON” MEANS TH E NAME OF, AND 7 
ANY OTHER INFORMATIO N THAT COULD REASONA BLY BE EXPECTED TO I DENTIFY, A 8 
MINOR VICTIM. 9 
 
 (III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR 10 
DELINQUENT ACT WHO W AS A MINOR AT THE TI ME THAT THE CRIME OR DELINQUENT 11 
ACT OCCURRED . 12 
 
 (2) NOTWITHSTANDING ANY OTHER LAW , UNLESS THE COURT FIN DS 13 
BY CLEAR AND CONVINC ING EVIDENCE THAT TH ERE IS GOOD CAUSE TO ORDER 14 
OTHERWISE, A PARTY OR NONPARTY MAKING AN ELECTRONIC OR PAPER COURT 15 
FILING, INCLUDING THE FILING OF A CHARGING DOCUME NT, IN A CRIMINAL OR 16 
JUVENILE DELINQUENCY CASE S HALL REDACT ANY IDEN TIFYING INFORMATION 17 
THAT APPEARS IN THE FILING THE COURT OR A PARTY IN A CRIMINAL OR JUV ENILE 18 
DELINQUENCY CASE MAY NOT DISCLOSE OR ALLO W INSPECTION OF AN E LECTRONIC 19 
OR PAPER COURT FILIN G, INCLUDING A CHARGING DOCUMEN T, TO A NONPARTY TO 20 
THE CRIMINAL OR JUVE NILE DELINQUENCY CAS E UNLESS THE COURT O R THE 21 
PARTY DISCLOSING OR ALLOWING INSPECTION OF THE FILING REDACT S ALL 22 
IDENTIFYING INFORMAT ION THAT APPEARS IN THE FILING. 23 
 
 (3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES 24 
REQUIRING OR AUTHORI ZING A PERSON MAKING A REDACTED FILING UN DER 25 
PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNRED ACTED COPY UNDER 26 
SEAL. 27 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 
October 1, 2024. 29