Maryland 2024 Regular Session

Maryland Senate Bill SB4 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0004
9	6
10	7		SENATE BILL 4
11	8		E2, E5 4lr0614
12	9		SB 684/23 – JPR (PRE–FILED) CF HB 115
13		-	By: Senator Waldstreicher Senators Waldstreicher, Smith, Carter, West, James,
14		-	McKay, and Folden
	10	+	By: Senator Waldstreicher
15	11		Requested: September 11, 2023
16	12		Introduced and read first time: January 10, 2024
17	13		Assigned to: Judicial Proceedings
18		-	Committee Report: Favorable with amendments
19		-	Senate action: Adopted
20		-	Read second time: February 10, 2024
21	14
22		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
23	16
24	17		AN ACT concerning 1
25	18
26	19		Criminal Procedure – Victims’ Rights – Notification of Release From 2
27	20		Confinement 3
28	21		(Jaycee Webster Victims’ Rights Act) 4
29	22
30	23		FOR the purpose of requiring a certain commitment unit to include in a notification given 5
31	24		to a victim, victim’s representative, or witness regarding the release from 6
32	25		confinement of a sentenced defendant or child respondent the name and telephone 7
33	26		number of a certain victim services employee; and generally relating to victims’ 8
34	27		rights. 9
35	28
36	29		BY repealing and reenacting, with amendments, 10
37	30		Article – Criminal Procedure 11
38	31		Section 11–508 12
39	32		Annotated Code of Maryland 13
40	33		(2018 Replacement Volume and 2023 Supplement) 14
41	34
42	35		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
43	36		That the Laws of Maryland read as follows: 16
44	37
45	38		Article – Criminal Procedure 17
46	39
47	40		11–508. 18
48		-	2 SENATE BILL 4
	41	+
	42	+	(a) (1) In this section the following words have the meanings indicated. 19
	43	+
	44	+	(2) “Commitment unit” means a unit that a court orders to retain custody 20
	45	+	of a defendant or a child respondent and that receives a notification request form under § 21
	46	+	11–104(g)(1) or (h) of this title. 22
	47	+
	48	+	(3) “Release from confinement” means work release, home detention, or 23 2 SENATE BILL 4
49	49
50	50
51		-	(a) (1) In this section the following words have the meanings indicated. 1
	51	+	other administrative or statutorily authorized release of a defendant or child respondent 1
	52	+	from a confinement facility. 2
52	53
53		-	(2) “Commitment unit” means a unit that a court orders to retain custody 2
54		-	of a defendant or a child respondent and that receives a notification request form under § 3
55		-	11–104(g)(1) or (h) of this title. 4
	54	+	(4) “Witness” means a person who: 3
56	55
57		-	(3) “Release from confinement” means work release, home detention, or 5
58		-	other administrative or statutorily authorized release of a defendant or child respondent 6
59		-	from a confinement facility. 7
	56	+	(i) knows of facts relating to a crime of violence or conspiracy or 4
	57	+	solicitation to commit a crime of violence; and 5
60	58
61		-	(4) “Witness” means a person who: 8
	59	+	(ii) 1. makes a declaration under oath that is received as 6
	60	+	evidence for any purpose; or 7
62	61
63		-	~~(i) knows of facts relating to~~ a ~~crime of violence or conspiracy or 9~~
64		-	~~solicitation to commit~~ a ~~crime~~ of ~~violence; and 10~~
	62	+	2. has been served with a subpoena issued under the 8
	63	+	authority of a court of this or any other state or of the United States. 9
65	64
66		-	(ii) ~~1. makes~~ a ~~declaration under oath that is received as 11~~
67		-	~~evidence for any purpose;~~ ~~or 12~~
	65	+	(b) This section applies to a victim or victim’s representative who has submitted 10
	66	+	a notification request form under § 11–104 of this title. 11
68	67
69		-	2. has been served with a subpoena issued under the 13
70		-	authority of a court of this or any other state or of the United States. 14
	68	+	(c) This section applies if a witness requests in writing that a commitment unit 12
	69	+	notify the witness in writing of the release from confinement of a defendant or child 13
	70	+	respondent. 14
71	71
72		-	(b) This section applies to a victim or victim’s representative who has submitted 15
73		-	a notification request form under § 11–104 of this title. 16
	72	+	(d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this 15
	73	+	title or a written request from a witness for notification, a commitment unit, if practicable, 16
	74	+	shall notify the victim, victim’s representative, or witness of: 17
74	75
75		-	(c) This section applies if a witness requests in writing that a commitment unit 17
76		-	notify the witness in writing of the release from confinement of a defendant or child 18
77		-	respondent. 19
	76	+	(1) receipt of the notification request form; 18
78	77
79		-	(d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this 20
80		-	title or a written request from a witness for notification, a commitment unit, if practicable, 21
81		-	shall notify the victim, victim’s representative, or witness of: 22
	78	+	(2) the date when the defendant or child respondent was placed in the 19
	79	+	custody of the commitment unit; 20
82	80
83		-	(1) receipt of the notification request form; 23
	81	+	(3) how to change the address to receive notice for the victim, victim’s 21
	82	+	representative, witness, or the person to receive notice for the victim; and 22
84	83
85		-	(2) the date when the defendant or child respondent was placed in the 24
86		-	custody of the commitment unit; 25
	84	+	(4) how to elect not to receive future notices. 23
87	85
88		-	(3) how to change the address to receive notice for the victim, victim’s 26
89		-	representative, witness, or the person to receive notice for the victim; and 27
	86	+	(e) (1) The commitment unit shall notify a victim, victim’s representative, or 24
	87	+	witness, in advance if practicable, if any of the following events occur concerning the 25
	88	+	defendant or child respondent: 26
90	89
91		-	(4) ~~how to elect not to receive future notices. 28~~
	90	+	[(1)] (I) an escape; 27
92	91
93		-	(e) (1) The commitment unit shall notify a victim, victim’s representative, or 29
94		-	witness, in advance if practicable, if any of the following events occur concerning the 30
95		-	defendant or child respondent: 31
	92	+	[(2)] (II) a recapture; 28
96	93
97		-	[(1)] (I) an escape; 32 SENATE BILL 4 3
	94	+	[(3)] (III) a transfer to another commitment unit; 29
	95	+
	96	+	[(4)] (IV) a release from confinement and any conditions attached to the 30
	97	+	release; and 31 SENATE BILL 4 3
98	98
99	99
100	100
101		-	[(2)] (II) ~~a recapture;~~ 1
	101	+	[(5)] (V) the death of the defendant or child respondent. 1
102	102
103		-	[(3)] (III) a transfer to another commitment unit; 2
	103	+	(2) WHEN A SENTENCED DEFE NDANT OR CHILD RESPO NDENT IS 2
	104	+	BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUDE IN 3
	105	+	THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION T HE 4
	106	+	NAME AND TELEPHONE N UMBER OF THE LEAD VICTIM SERV ICES EMPLOYEE OF THE 5
	107	+	STATE’S ATTORNEY’S OFFICE OF THE COUN TY IN WHICH THE SENT ENCED 6
	108	+	DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED. 7
104	109
105		-	[(4)] (IV) a release from confinement and any conditions attached to the 3
106		-	release; and 4
	110	+	(f) A commitment unit may not disclose to a defendant or child respondent the 8
	111	+	address or telephone number of a witness, victim, victim’s representative, or person who 9
	112	+	receives notice for the victim. 10
107	113
108		-	[(5)] (V) the death of the defendant or child respondent. 5
	114	+	(g) An elected public official, public employee, or public unit has the immunity 11
	115	+	described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages 12
	116	+	arising out of an action relating to this section, unless the official, employee, or unit acts 13
	117	+	with gross negligence or in bad faith. 14
109	118
110		-	(2) WHEN A SENTENCED DEFE NDANT OR CHIL D RESPONDENT IS 6
111		-	BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUDE IN 7
112		-	THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION T HE 8
113		-	NAME AND TELEPHONE N UMBER OF THE LEAD VI CTIM SERVICES EMPLOY EE OF THE 9
114		-	STATE’S ATTORNEY’S OFFICE OF TH E COUNTY IN WHICH TH E SENTENCED 10
115		-	DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED. 11
116		-
117		-	(f) A commitment unit may not disclose to a defendant or child respondent the 12
118		-	address or telephone number of a witness, victim, victim’s representative, or person who 13
119		-	receives notice for the victim. 14
120		-
121		-	(g) An elected public official, public employee, or public unit has the immunity 15
122		-	described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages 16
123		-	arising out of an action relating to this section, unless the official, employee, or unit acts 17
124		-	with gross negligence or in bad faith. 18
125		-
126		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
127		-	October 1, 2024. 20
128		-
129		-
130		-
131		-	Approved:
132		-	________________________________________________________________________________
133		-	Governor.
134		-	________________________________________________________________________________
135		-	President of the Senate.
136		-	________________________________________________________________________________
137		-	Speaker of the House of Delegates.
	119	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	120	+	October 1, 2024. 16