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.
*sb0949*
SENATE BILL 949
I3, E2 EMERGENCY BILL 4lr3168
CF HB 1047
By: Senator Hettleman
Introduced and read first time: February 2, 2024
Assigned to: Judicial Proceedings and Finance
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 23, 2024
CHAPTER ______
AN ACT concerning 1
Consumer Protection – Self–Administered Sexual Assault Evidence Collection 2
Kits 3
FOR the purpose of providing that a party in a criminal trial involving an allegation of a 4
sexual crime sexually assaultive behavior may not introduce evidence information 5
that physical evidence of a sexual crime sexually assaultive behavior was obtained 6
using certain materials; providing that selling, offering for sale, or distributing a 7
certain self–administered sexual assault evidence collection kit is an unfair, 8
deceptive, or abusive trade practice; establishing the Forensic Nurse Examiner 9
Training Grant Program; establishing the Forensic Nurse Examiner Training Grant 10
Program Fund as a special, nonlapsing fund; prohibiting the limitation or waiver of 11
certain rights and warranties on certain products used to collect evidence of a sexual 12
assault; providing, subject to a certain contingency, that selling, offering for sale, or 13
distributing a certain self–administered sexual assault evidence collection kit in 14
violation of regulations adopted by the Attorney General is an unfair, deceptive, or 15
abusive trade practice; requiring the Attorney General to adopt certain regulations; 16
and generally relating to self–administered sexual assault evidence collection kits. 17
BY repealing and reenacting, with amendments, 18
Article – Commercial Law 19
Section 13–301(14)(xl) 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2023 Supplement) 22
BY repealing and reenacting, without amendments, 23 2 SENATE BILL 949
Article – Commercial Law 1
Section 13–301(14)(xli) 2
Annotated Code of Maryland 3
(2013 Replacement Volume and 2023 Supplement) 4
BY adding to 5
Article – Commercial Law 6
Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle 7
“Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits” 8
Annotated Code of Maryland 9
(2013 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – Courts and Judicial Proceedings 12
Section 10–925 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Commercial Law 17
Section 14–4602 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2023 Supplement) 20
(As enacted by Section 1 of this Act) 21
BY adding to 22
Article – Criminal Procedure 23
Section 11–926(j) 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2023 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Criminal Procedure 28
Section 11–926(j) 29
Annotated Code of Maryland 30
(2018 Replacement Volume and 2023 Supplement) 31
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
That the Laws of Maryland read as follows: 33
Article – Commercial Law 34
13–301. 35
Unfair, abusive, or deceptive trade practices include any: 36
(14) Violation of a provision of: 37 SENATE BILL 949 3
(xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 1
(xli) Title 14, Subtitle 45 of this article; or 2
(XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR 3
SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION 4
KITS. 5
14–4601. 6
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING 9
GRANT PROGRAM. 10
(C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN § 11
11–926 OF THE CRIMINAL PROCEDURE ARTICLE. 12
(D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT” 13
MEANS MATERIALS ADVE RTISED OR MARKETED AS A MEANS FOR A PERSON O THER 14
THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVI DENCE OF 15
A SEXUAL CRIME . 16
(E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE 17
COURTS ARTICLE. 18
14–4602. 19
(A) THIS SECTION DOES NOT APPLY TO A SELF–ADMINISTERED SEXUAL 20
ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND 21
DEPARTMENT OF HEALTH. 22
(B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A 23
SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT. 24
(C) (1) A VIOLATION OF THIS SECTION IS: 25
(I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 26
WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND 27
(II) SUBJECT TO THE ENFORC EMENT AND PENALTY 28
PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. 29 4 SENATE BILL 949
(2) (I) IN ADDITION TO ANY P ENALTY IMPOSED UNDER TITLE 13 1
OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL 2
PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION . 3
(II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS 4
PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CI VIL ACTION OR AN 5
ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS 6
ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER § 7
13–403(D)(3) AND (4) OF THIS ARTICLE. 8
(D) ONLY THE ATTORNEY GENERAL MAY ENFORCE T HIS SECTION. 9
(E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF 10
THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER 11
TRAINING GRANT PROGRAM FUND ESTABLISHED UNDE R § 14–4604 OF THIS 12
SUBTITLE. 13
14–4603. 14
(A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM. 15
(B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES 16
THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO 17
FUND TRAINING FOR NU RSES IN THE STATE TO DEVELOP SKIL LS IN CONDUCTING 18
FORENSIC EXAMINATION S OF VICTIMS OF SEXUAL AS SAULT. 19
(C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 20
VICTIM SERVICES SHALL ESTABL ISH: 21
(1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES AND 22
HIGHER EDUCATION INS TITUTIONS AND COLLEG ES IN THE STATE TO APPLY FOR 23
GRANT FUND ING FROM THE PROGRAM; AND 24
(2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT 25
FUNDING FROM THE PROGRAM. 26
14–4604. 27
(A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER 28
TRAINING GRANT PROGRAM FUND. 29
(B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM 30
FUND. 31 SENATE BILL 949 5
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS 1
AWARDED UNDER THE PROGRAM. 2
(D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 3
VICTIM SERVICES SHALL ADMINI STER THE FUND. 4
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 5
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 6
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 7
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 8
(F) THE FUND CONSISTS OF : 9
(1) REVENUE DISTRIBUTED TO THE FUND UNDER § 14–4602 OF THIS 10
SUBTITLE; AND 11
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 12
THE BENEFIT OF THE FUND. 13
(G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT 14
ENTITIES THROUGH THE PROGRAM. 15
(H) (1) THE STATE TREASURER SHALL INVEST THE MON EY OF THE FUND 16
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 17
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 18
THE GENERAL FUND OF THE STATE. 19
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 20
WITH THE STATE BUDGET . 21
Article – Courts and Judicial Proceedings 22
10–925. 23
(A) IN THIS SECTION, “SEXUAL CRIME ” MEANS: 24
(1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 25
ARTICLE; 26
(2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE 27
CRIMINAL LAW ARTICLE; OR 28
6 SENATE BILL 949
(3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF 1
THE CRIMINAL LAW ARTICLE. 2
(A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE 3
MEANING STATED IN § 10–923 OF THIS SUBTITLE. 4
(B) EVIDENCE INFORMATION THAT PHYSICAL EVIDEN CE OF A SEXUAL 5
CRIME SEXUALLY ASSAULTIVE BEHAVIOR WAS OBTAINED USING M ATERIALS THAT 6
WERE SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN A MANNER THAT WOULD 7
CONSTITUTE A VIOLATI ON OF § 14–4602 OF THE COMMERCIAL LAW ARTICLE IS NOT 8
ADMISSIBLE IN A CRIMINAL OR CIVI L PROCEEDING INVOLVI NG AN ALLEGATION OF 9
A SEXUAL CRIME SEXUALLY ASSAULTIVE BEHAVIOR. 10
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A COURT TO ADMIT 11
PHYSICAL EVIDENCE . 12
Article – Criminal Procedure 13
11–926. 14
(J) (1) ANY AGREEMENT , CONDITION OF ACCESS OR USE, OR POLICY 15
THAT LIMITS OR WAIVE S ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REMEDY TO 16
A CLAIM AGAINST ANY PERSON WHO PROVIDES A VICTIM OR ANOTHER PERSON WITH 17
ANY SERVICE, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT EVIDENCE 18
OF A SEXUAL ASSAULT IS NU LL AND VOID AS BEING AGAINST THE PUBLIC P OLICY OF 19
THE STATE. 20
(2) ANY DISCLAIMER OF ANY WARRANTIES , EXPRESS OR IMPLIED , OF 21
MERCHANTABILITY , FITNESS FOR A PARTIC ULAR PURPOSE , OR NONINFRINGEMENT 22
REGARDING ANY SERVIC E, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT 23
EVIDENCE OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINS T THE PUBLIC 24
POLICY OF THE STATE. 25
[(j)] (K) The Attorney General shall adopt regulations for uniform statewide 26
implementation of this section. 27
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 28
as follows: 29
Article – Commercial Law 30
14–4602. 31
(a) This section does not apply to a self–administered sexual assault evidence 32
collection kit that is issued by the Maryland Department of Health. 33 SENATE BILL 949 7
(b) A person may not sell, offer for sale, or distribute a 1
self–administered sexual assault evidence collection kit IN VIOLATION OF REGU LATIONS 2
ADOPTED BY THE ATTORNEY GENERAL UNDER THIS SE CTION. 3
(c) (1) A violation of this section is: 4
(i) An unfair, abusive, or deceptive trade practice within the 5
meaning of Title 13 of this article; and 6
(ii) Subject to the enforcement and penalty provisions contained in 7
Title 13 of this article. 8
(2) (i) In addition to any penalty imposed under Title 13 of this article, 9
a person who violates this section is subject to a civil penalty not exceeding $1,000 for each 10
violation. 11
(ii) The civil penalty under subparagraph (i) of this paragraph is 12
recoverable by the State in a civil action or an administrative cease and desist action under 13
§ 13–403(a) and (b) of this article or after an administrative hearing has been held under § 14
13–403(d)(3) and (4) of this article. 15
(d) Only the Attorney General may enforce this section. 16
(e) All fines, penalties, and damages collected for violations of this section shall 17
be deposited into the Forensic Nurse Examiner Training Grant Program Fund established 18
under § 14–4604 of this subtitle. 19
(F) (1) THE ATTORNEY GENERAL SHALL ADOPT R EGULATIONS 20
RELATING TO SELF –ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KITS. 21
(2) THE REGULATIONS SHALL INCLUDE REQUIREMENTS FOR: 22
(I) ITEMS THAT ARE INCLUDED IN SELF–ADMINISTERED 23
SEXUAL ASSAULT EVIDE NCE COLLECTION KITS ; 24
(II) TRANSPORTATION AND STORAGE OF SELF–ADMINISTERED 25
SEXUAL ASSAULT EVIDE NCE COLLECTION KITS ; 26
(III) TESTING OF SELF–ADMINISTERED SEXUAL ASSAULT 27
EVIDENCE COLLECTION KITS; AND 28
(IV) PACKAGING, MARKETING, AND REQUIRED DISCLOS URES 29
FOR SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION KITS . 30
SECTION 3. AND BE IT FURTHER ENACTED, That: 31 8 SENATE BILL 949
(a) The Attorney General shall adopt regulations relating to self–administered 1
sexual assault evidence collection kits. 2
(b) The regulations shall include requirements for: 3
(1) items that are included in self–administered sexual assault evidence 4
collection kits; 5
(2) transportation and storage of self–administered sexual assault 6
evidence collection kits; 7
(3) testing of self–administered sexual assault evidence collection kits; and 8
(4) packaging, marketing, and required disclosures for self–administered 9
sexual assault evidence collection kits. 10
SECTION 4. AND BE IT FURTHER ENACTED, That: 11
(a) Section 2 of this Act is contingent on the Attorney General adopting 12
regulations as required by Section 3 of this Act. Section 2 of this Act shall take effect on the 13
publication of regulations adopted by the Attorney General under Section 3 of this Act. 14
(b) The Attorney General shall notify the Department of Legislative Services 15
when the regulations required by Section 3 of this Act have been adopted. 16
(c) If the Department of Legislative Services receives notice that the Attorney 17
General has adopted the regulations required by Section 3 of this Act, Section 2 of this Act 18
shall take effect on the date the notice is received by the Department of Legislative Services 19
in accordance with subsection (b) of this section. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2024 is an emergency measure, is necessary for the immediate preservation of 22
the public health or safety, has been passed by a yea and nay vote supported by three–fifths 23
of all the members elected to each of the two Houses of the General Assembly, and, except 24
as provided in Section 4 of this Act, shall take effect from the date it is enacted. 25