Maryland 2024 Regular Session

Maryland Senate Bill SB949

Introduced
2/2/24  
Refer
2/2/24  
Report Pass
4/6/24  
Engrossed
4/8/24  

Caption

Consumer Protection - Self-Administered Sexual Assault Evidence Collection Kits

Impact

The bill is set to create a significant change in laws pertaining to the sale and distribution of self-administered sexual assault evidence collection kits. By prohibiting the sale of unregulated kits, it aims to enhance the integrity of collected evidence in sexual assault cases, which is crucial for prosecuting these crimes effectively. It also establishes the Forensic Nurse Examiner Training Grant Program, intended to support the training of nurses in conducting forensic examinations, thereby bolstering the resources available to victims of sexual assault during medical treatment and legal processes.

Summary

Senate Bill 949 addresses issues surrounding the collection of evidence in cases of sexual assault by introducing regulations for self-administered sexual assault evidence collection kits. The bill dictates that such kits may not be sold or distributed unless they comply with standards set forth by the Attorney General. Furthermore, it aims to ensure that no party in a sexual assault trial may introduce evidence collected using these kits if they were not regulated properly. As a consumer protection measure, it seeks to penalize any unfair or deceptive practices associated with the handling of these kits.

Sentiment

The sentiment surrounding SB949 appears to be largely supportive among legislators concerned with the protection of sexual assault victims and the integrity of evidence collection. Advocates believe that the regulations will prevent the misuse of kits and ensure victims have access to safe, standardized options for evidence collection. However, there may be concerns from stakeholders about enforcement mechanisms and potential delays in implementing regulations by the Attorney General, which could affect the immediate availability of reliable devices for victims. Critics may also worry about the implications of regulating products intended for personal use by survivors seeking justice.

Contention

A notable point of contention may arise regarding the enforcement of the proposed regulations and the potential consequences for those who violate the provisions outlined in the bill. The imposition of civil penalties for non-compliance, while intended as a deterrent, may raise questions about the appropriateness and sufficiency of the fines. There are also concerns about the practicality of transitioning to regulated kits, particularly regarding availability and access for survivors in urgent situations where prompt evidence collection is crucial.

Companion Bills

MD HB1047

Crossfiled Consumer Protection – Self–Administered Sexual Assault Evidence Collection Kits

Similar Bills

MD HB1047

Consumer Protection – Self–Administered Sexual Assault Evidence Collection Kits

MD HB1002

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MD HB758

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