| 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 | *sb0949* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 949 | |
| 11 | - | I3, E2 | |
| 12 | - | CF | |
| 8 | + | I3, E2 4lr3168 | |
| 9 | + | CF 4lr3174 | |
| 13 | 10 | By: Senator Hettleman | |
| 14 | 11 | Introduced and read first time: February 2, 2024 | |
| 15 | 12 | Assigned to: Judicial Proceedings and Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted with floor amendments | |
| 18 | - | Read second time: March 23, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Consumer Protection – Self–Administered Sexual Assault Evidence Collection 2 | |
| 25 | 19 | Kits 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of providing that a party in a criminal trial involving an allegation of a 4 | |
| 28 | - | sexual crime sexually assaultive behavior may not introduce evidence information 5 | |
| 29 | - | that physical evidence of a sexual crime sexually assaultive behavior was obtained 6 | |
| 30 | - | using certain materials; providing that selling, offering for sale, or distributing a 7 | |
| 31 | - | certain self–administered sexual assault evidence collection kit is an unfair, 8 | |
| 32 | - | deceptive, or abusive trade practice; establishing the Forensic Nurse Examiner 9 | |
| 33 | - | Training Grant Program; establishing the Forensic Nurse Examiner Training Grant 10 | |
| 34 | - | Program Fund as a special, nonlapsing fund; prohibiting the limitation or waiver of 11 | |
| 35 | - | certain rights and warranties on certain products used to collect evidence of a sexual 12 | |
| 36 | - | assault; providing, subject to a certain contingency, that selling, offering for sale, or 13 | |
| 37 | - | distributing a certain self–administered sexual assault evidence collection kit in 14 | |
| 38 | - | violation of regulations adopted by the Attorney General is an unfair, deceptive, or 15 | |
| 39 | - | abusive trade practice; requiring the Attorney General to adopt certain regulations; 16 | |
| 40 | - | and generally relating to self–administered sexual assault evidence collection kits. 17 | |
| 22 | + | sexual crime may not introduce evidence that physical evidence of a sexual crime 5 | |
| 23 | + | was obtained using certain materials; providing that selling, offering for sale, or 6 | |
| 24 | + | distributing a certain self–administered sexual assault evidence collection kit is an 7 | |
| 25 | + | unfair, deceptive, or abusive trade practice; establishing the Forensic Nurse 8 | |
| 26 | + | Examiner Training Grant Program; establishing the Forensic Nurse Examiner 9 | |
| 27 | + | Training Grant Program Fund as a special, nonlapsing fund; and generally relating 10 | |
| 28 | + | to self–administered sexual assault evidence collection kits. 11 | |
| 41 | 29 | ||
| 42 | - | BY repealing and reenacting, with amendments, | |
| 43 | - | Article – Commercial Law | |
| 44 | - | Section 13–301(14)(xl) | |
| 45 | - | Annotated Code of Maryland | |
| 46 | - | (2013 Replacement Volume and 2023 Supplement) | |
| 30 | + | BY repealing and reenacting, with amendments, 12 | |
| 31 | + | Article – Commercial Law 13 | |
| 32 | + | Section 13–301(14)(xl) 14 | |
| 33 | + | Annotated Code of Maryland 15 | |
| 34 | + | (2013 Replacement Volume and 2023 Supplement) 16 | |
| 47 | 35 | ||
| 48 | - | BY repealing and reenacting, without amendments, 23 2 SENATE BILL 949 | |
| 36 | + | BY repealing and reenacting, without amendments, 17 | |
| 37 | + | Article – Commercial Law 18 | |
| 38 | + | Section 13–301(14)(xli) 19 | |
| 39 | + | Annotated Code of Maryland 20 | |
| 40 | + | (2013 Replacement Volume and 2023 Supplement) 21 | |
| 41 | + | ||
| 42 | + | BY adding to 22 | |
| 43 | + | Article – Commercial Law 23 | |
| 44 | + | Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle 24 | |
| 45 | + | “Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits” 25 | |
| 46 | + | Annotated Code of Maryland 26 | |
| 47 | + | (2013 Replacement Volume and 2023 Supplement) 27 | |
| 48 | + | 2 SENATE BILL 949 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Article – Commercial Law 1 | |
| 52 | - | Section 13–301(14)(xli) 2 | |
| 53 | - | Annotated Code of Maryland 3 | |
| 54 | - | (2013 Replacement Volume and 2023 Supplement) 4 | |
| 51 | + | BY adding to 1 | |
| 52 | + | Article – Courts and Judicial Proceedings 2 | |
| 53 | + | Section 10–925 3 | |
| 54 | + | Annotated Code of Maryland 4 | |
| 55 | + | (2020 Replacement Volume and 2023 Supplement) 5 | |
| 55 | 56 | ||
| 56 | - | BY adding to 5 | |
| 57 | - | Article – Commercial Law 6 | |
| 58 | - | Section 13–301(14)(xlii); and 14–4601 through 14–4604 to be under the new subtitle 7 | |
| 59 | - | “Subtitle 46. Self–Administered Sexual Assault Evidence Collection Kits” 8 | |
| 60 | - | Annotated Code of Maryland 9 | |
| 61 | - | (2013 Replacement Volume and 2023 Supplement) 10 | |
| 57 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 58 | + | That the Laws of Maryland read as follows: 7 | |
| 62 | 59 | ||
| 63 | - | BY adding to 11 | |
| 64 | - | Article – Courts and Judicial Proceedings 12 | |
| 65 | - | Section 10–925 13 | |
| 66 | - | Annotated Code of Maryland 14 | |
| 67 | - | (2020 Replacement Volume and 2023 Supplement) 15 | |
| 60 | + | Article – Commercial Law 8 | |
| 68 | 61 | ||
| 69 | - | BY repealing and reenacting, with amendments, 16 | |
| 70 | - | Article – Commercial Law 17 | |
| 71 | - | Section 14–4602 18 | |
| 72 | - | Annotated Code of Maryland 19 | |
| 73 | - | (2013 Replacement Volume and 2023 Supplement) 20 | |
| 74 | - | (As enacted by Section 1 of this Act) 21 | |
| 62 | + | 13–301. 9 | |
| 75 | 63 | ||
| 76 | - | BY adding to 22 | |
| 77 | - | Article – Criminal Procedure 23 | |
| 78 | - | Section 11–926(j) 24 | |
| 79 | - | Annotated Code of Maryland 25 | |
| 80 | - | (2018 Replacement Volume and 2023 Supplement) 26 | |
| 64 | + | Unfair, abusive, or deceptive trade practices include any: 10 | |
| 81 | 65 | ||
| 82 | - | BY repealing and reenacting, with amendments, 27 | |
| 83 | - | Article – Criminal Procedure 28 | |
| 84 | - | Section 11–926(j) 29 | |
| 85 | - | Annotated Code of Maryland 30 | |
| 86 | - | (2018 Replacement Volume and 2023 Supplement) 31 | |
| 66 | + | (14) Violation of a provision of: 11 | |
| 87 | 67 | ||
| 88 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32 | |
| 89 | - | That the Laws of Maryland read as follows: 33 | |
| 68 | + | (xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 12 | |
| 90 | 69 | ||
| 91 | - | Article | |
| 70 | + | (xli) Title 14, Subtitle 45 of this article; or 13 | |
| 92 | 71 | ||
| 93 | - | ||
| 72 | + | (XLII) TITLE 14, SUBTITLE 46 OF THIS ARTICLE; OR 14 | |
| 94 | 73 | ||
| 95 | - | Unfair, abusive, or deceptive trade practices include any: 36 | |
| 74 | + | SUBTITLE 46. SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION 15 | |
| 75 | + | KITS. 16 | |
| 96 | 76 | ||
| 97 | - | (14) Violation of a provision of: 37 SENATE BILL 949 3 | |
| 77 | + | 14–4601. 17 | |
| 78 | + | ||
| 79 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18 | |
| 80 | + | INDICATED. 19 | |
| 81 | + | ||
| 82 | + | (B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING 20 | |
| 83 | + | GRANT PROGRAM. 21 | |
| 84 | + | ||
| 85 | + | (C) “QUALIFIED HEALTH CARE PROVIDER ” HAS THE MEANING STAT ED IN § 22 | |
| 86 | + | 11–926 OF THE CRIMINAL PROCEDURE ARTICLE. 23 | |
| 87 | + | ||
| 88 | + | (D) “SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT” 24 | |
| 89 | + | MEANS MATERIALS ADVERTISED OR MARKETED AS A MEANS FOR A PERSON OTHER 25 | |
| 90 | + | THAN A QUALIFIED HEA LTH CARE PROVIDER TO COLLECT PHYSICAL EVIDENCE OF 26 | |
| 91 | + | A SEXUAL CRIME . 27 | |
| 92 | + | ||
| 93 | + | (E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE 28 | |
| 94 | + | COURTS ARTICLE. 29 | |
| 95 | + | SENATE BILL 949 3 | |
| 98 | 96 | ||
| 99 | 97 | ||
| 98 | + | 14–4602. 1 | |
| 100 | 99 | ||
| 101 | - | (xl) Title 14, Subtitle 13 of the Public Safety Article; [or] 1 | |
| 100 | + | (A) THIS SECTION DOES NOT APPLY TO A SELF –ADMINISTERED SEXUAL 2 | |
| 101 | + | ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY TH E MARYLAND 3 | |
| 102 | + | DEPARTMENT OF HEALTH. 4 | |
| 102 | 103 | ||
| 103 | - | (xli) Title 14, Subtitle 45 of this article; or 2 | |
| 104 | + | (B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A 5 | |
| 105 | + | SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT. 6 | |
| 104 | 106 | ||
| 105 | - | ( | |
| 107 | + | (C) (1) A VIOLATION OF THIS SE CTION IS: 7 | |
| 106 | 108 | ||
| 107 | - | ||
| 108 | - | ||
| 109 | + | (I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE 8 | |
| 110 | + | WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND 9 | |
| 109 | 111 | ||
| 110 | - | 14–4601. 6 | |
| 112 | + | (II) SUBJECT TO THE ENFORC EMENT AND PENALTY 10 | |
| 113 | + | PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. 11 | |
| 111 | 114 | ||
| 112 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7 | |
| 113 | - | INDICATED. 8 | |
| 115 | + | (2) (I) IN ADDITION TO ANY PE NALTY IMPOSED UNDER TITLE 13 12 | |
| 116 | + | OF THIS ARTICLE , A PERSON WHO VIOLATES THIS SECTIO N IS SUBJECT TO A CIVIL 13 | |
| 117 | + | PENALTY NOT EXCEEDING $1,000 FOR EACH VIOLATION . 14 | |
| 114 | 118 | ||
| 115 | - | (B) “PROGRAM” MEANS THE FORENSIC NURSE EXAMINER TRAINING 9 | |
| 116 | - | GRANT PROGRAM. 10 | |
| 119 | + | (II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS 15 | |
| 120 | + | PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CIVIL ACTI ON OR AN 16 | |
| 121 | + | ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS 17 | |
| 122 | + | ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER § 18 | |
| 123 | + | 13–403(D)(3) AND (4) OF THIS ARTICLE. 19 | |
| 117 | 124 | ||
| 118 | - | (C) “QUALIFIED HEALTH CARE PROVIDER” HAS THE MEANING STAT ED IN § 11 | |
| 119 | - | 11–926 OF THE CRIMINAL PROCEDURE ARTICLE. 12 | |
| 125 | + | (D) ONLY THE ATTORNEY GENERAL MAY ENFORCE THIS SECTION . 20 | |
| 120 | 126 | ||
| 121 | - | ( | |
| 122 | - | ||
| 123 | - | ||
| 124 | - | ||
| 127 | + | (E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF 21 | |
| 128 | + | THIS SECTION SHALL B E DEPOSITED IN TO THE FORENSIC NURSE EXAMINER 22 | |
| 129 | + | TRAINING GRANT PROGRAM FUND ESTABLISHED UNDE R § 14–4604 OF THIS 23 | |
| 130 | + | SUBTITLE. 24 | |
| 125 | 131 | ||
| 126 | - | (E) “SEXUAL CRIME ” HAS THE MEANING STAT ED IN § 10–925 OF THE 17 | |
| 127 | - | COURTS ARTICLE. 18 | |
| 132 | + | 14–4603. 25 | |
| 128 | 133 | ||
| 129 | - | ||
| 134 | + | (A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM. 26 | |
| 130 | 135 | ||
| 131 | - | (A) THIS SECTION DOES NOT APPLY TO A SELF–ADMINISTERED SEXUAL 20 | |
| 132 | - | ASSAULT EVIDENCE COL LECTION KIT THAT IS ISSUED BY THE MARYLAND 21 | |
| 133 | - | DEPARTMENT OF HEALTH. 22 | |
| 134 | - | ||
| 135 | - | (B) A PERSON MAY NOT SELL , OFFER FOR SALE , OR DISTRIBUTE A 23 | |
| 136 | - | SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KIT. 24 | |
| 137 | - | ||
| 138 | - | (C) (1) A VIOLATION OF THIS SECTION IS: 25 | |
| 139 | - | ||
| 140 | - | (I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 26 | |
| 141 | - | WITHIN THE MEANING O F TITLE 13 OF THIS ARTICLE; AND 27 | |
| 142 | - | ||
| 143 | - | (II) SUBJECT TO THE ENFORC EMENT AND PENALTY 28 | |
| 144 | - | PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. 29 4 SENATE BILL 949 | |
| 136 | + | (B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES 27 | |
| 137 | + | THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO 28 | |
| 138 | + | FUND TRAINING FOR NURSES IN THE STATE TO DEVELOP SKIL LS IN CONDUCTING 29 | |
| 139 | + | FORENSIC EXAMINATION S OF VICTIMS OF SEXUAL AS SAULT. 30 | |
| 140 | + | 4 SENATE BILL 949 | |
| 145 | 141 | ||
| 146 | 142 | ||
| 143 | + | (C) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 1 | |
| 144 | + | VICTIM SERVICES SHALL ESTABLISH : 2 | |
| 147 | 145 | ||
| 148 | - | (2) (I) IN ADDITION TO ANY P ENALTY IMPOSED UNDER TITLE 13 1 | |
| 149 | - | OF THIS ARTICLE , A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL 2 | |
| 150 | - | PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION . 3 | |
| 146 | + | (1) AN APPLICATION PROCESS FOR NONPROFIT ENTITI ES IN THE 3 | |
| 147 | + | STATE TO APPLY FOR GR ANT FUNDING FROM THE PROGRAM; AND 4 | |
| 151 | 148 | ||
| 152 | - | (II) THE CIVIL PENALTY UND ER SUBPARAGRAPH (I) OF THIS 4 | |
| 153 | - | PARAGRAPH IS RECOVER ABLE BY THE STATE IN A CI VIL ACTION OR AN 5 | |
| 154 | - | ADMINISTRATIVE CEASE AND DESIST ACTION UN DER § 13–403(A) AND (B) OF THIS 6 | |
| 155 | - | ARTICLE OR AFTER AN ADMINISTRATIVE HEARI NG HAS BEEN HELD UND ER § 7 | |
| 156 | - | 13–403(D)(3) AND (4) OF THIS ARTICLE. 8 | |
| 149 | + | (2) ELIGIBILITY CRITERIA FOR SELECTI NG RECIPIENTS FOR GR ANT 5 | |
| 150 | + | FUNDING FROM THE PROGRAM. 6 | |
| 157 | 151 | ||
| 158 | - | ||
| 152 | + | 14–4604. 7 | |
| 159 | 153 | ||
| 160 | - | (E) ALL FINES, PENALTIES, AND DAMAGES COLLECTE D FOR VIOLATIONS OF 10 | |
| 161 | - | THIS SECTION SHALL B E DEPOSITED INTO THE FORENSIC NURSE EXAMINER 11 | |
| 162 | - | TRAINING GRANT PROGRAM FUND ESTABLISHED UNDE R § 14–4604 OF THIS 12 | |
| 163 | - | SUBTITLE. 13 | |
| 154 | + | (A) IN THIS SECTION , “FUND” MEANS THE FORENSIC NURSE EXAMINER 8 | |
| 155 | + | TRAINING GRANT PROGRAM FUND. 9 | |
| 164 | 156 | ||
| 165 | - | 14–4603. 14 | |
| 157 | + | (B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM 10 | |
| 158 | + | FUND. 11 | |
| 166 | 159 | ||
| 167 | - | (A) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM. 15 | |
| 160 | + | (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR GRANTS 12 | |
| 161 | + | AWARDED UNDER THE PROGRAM. 13 | |
| 168 | 162 | ||
| 169 | - | (B) THE PURPOSE OF THE PROGRAM IS TO ASSIST NONPROFIT ENTITIES 16 | |
| 170 | - | THAT PROVIDE RESOURC ES FOR VICTIMS OF SE XUAL ASSAULT IN THE STATE TO 17 | |
| 171 | - | FUND TRAINING FOR NU RSES IN THE STATE TO DEVELOP SKIL LS IN CONDUCTING 18 | |
| 172 | - | FORENSIC EXAMINATION S OF VICTIMS OF SEXUAL AS SAULT. 19 | |
| 163 | + | (D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 14 | |
| 164 | + | VICTIM SERVICES SHALL ADMINISTER THE FUND. 15 | |
| 173 | 165 | ||
| 174 | - | ( | |
| 175 | - | ||
| 166 | + | (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 16 | |
| 167 | + | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 17 | |
| 176 | 168 | ||
| 177 | - | (1) AN APPLICATION PROCES S FOR NONPROFIT ENTI TIES AND 22 | |
| 178 | - | HIGHER EDUCATION INS TITUTIONS AND COLLEG ES IN THE STATE TO APPLY FOR 23 | |
| 179 | - | GRANT FUND ING FROM THE PROGRAM; AND 24 | |
| 169 | + | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 18 | |
| 170 | + | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 19 | |
| 180 | 171 | ||
| 181 | - | (2) ELIGIBILITY CRITERIA FOR SELECTING RECIPI ENTS FOR GRANT 25 | |
| 182 | - | FUNDING FROM THE PROGRAM. 26 | |
| 172 | + | (F) THE FUND CONSIST S OF: 20 | |
| 183 | 173 | ||
| 184 | - | 14–4604. 27 | |
| 174 | + | (1) REVENUE DISTRIBUTED TO THE FUND UNDER § 14–4602 OF THIS 21 | |
| 175 | + | SUBTITLE; AND 22 | |
| 185 | 176 | ||
| 186 | - | ( | |
| 187 | - | ||
| 177 | + | (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 23 | |
| 178 | + | THE BENEFIT OF THE FUND. 24 | |
| 188 | 179 | ||
| 189 | - | (B) THERE IS A FORENSIC NURSE EXAMINER TRAINING GRANT PROGRAM 30 | |
| 190 | - | FUND. 31 SENATE BILL 949 5 | |
| 180 | + | (G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT 25 | |
| 181 | + | ENTITIES THROUGH THE PROGRAM. 26 | |
| 182 | + | ||
| 183 | + | (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 27 | |
| 184 | + | IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 28 | |
| 185 | + | SENATE BILL 949 5 | |
| 191 | 186 | ||
| 192 | 187 | ||
| 188 | + | (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 1 | |
| 189 | + | THE GENERAL FUND OF THE STATE. 2 | |
| 193 | 190 | ||
| 194 | - | ( | |
| 195 | - | ||
| 191 | + | (I) EXPENDITURES FROM THE FUND MAY BE M ADE ONLY IN ACCORDAN CE 3 | |
| 192 | + | WITH THE STATE BUDGET . 4 | |
| 196 | 193 | ||
| 197 | - | (D) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 3 | |
| 198 | - | VICTIM SERVICES SHALL ADMINI STER THE FUND. 4 | |
| 194 | + | Article – Courts and Judicial Proceedings 5 | |
| 199 | 195 | ||
| 200 | - | (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 5 | |
| 201 | - | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 6 | |
| 196 | + | 10–925. 6 | |
| 202 | 197 | ||
| 203 | - | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 7 | |
| 204 | - | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 8 | |
| 198 | + | (A) IN THIS SECTION, “SEXUAL CRIME ” MEANS: 7 | |
| 205 | 199 | ||
| 206 | - | (F) THE FUND CONSISTS OF : 9 | |
| 200 | + | (1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 8 | |
| 201 | + | ARTICLE; 9 | |
| 207 | 202 | ||
| 208 | - | ( | |
| 209 | - | ||
| 203 | + | (2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE 10 | |
| 204 | + | CRIMINAL LAW ARTICLE; OR 11 | |
| 210 | 205 | ||
| 211 | - | ( | |
| 212 | - | THE | |
| 206 | + | (3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF 12 | |
| 207 | + | THE CRIMINAL LAW ARTICLE. 13 | |
| 213 | 208 | ||
| 214 | - | (G) THE FUND MAY BE USED ONLY TO FUND GRANTS TO NO NPROFIT 14 | |
| 215 | - | ENTITIES THROUGH THE PROGRAM. 15 | |
| 209 | + | (B) EVIDENCE THAT PHYSICA L EVIDENCE OF A SEXU AL CRIME WAS 14 | |
| 210 | + | OBTAINED USING MATER IALS THAT WERE SOLD , OFFERED FOR SALE , OR 15 | |
| 211 | + | DISTRIBUTED IN A MANNER THAT WOULD CONSTITUT E A VIOLATION OF § 14–4602 16 | |
| 212 | + | OF THE COMMERCIAL LAW ARTICLE IS NOT ADMISS IBLE IN A CRIMINAL O R CIVIL 17 | |
| 213 | + | PROCEEDING INVOLVING AN ALLEGATION OF A S EXUAL CRIME. 18 | |
| 216 | 214 | ||
| 217 | - | (H) (1) THE STATE TREASURER SHALL INVEST THE MON EY OF THE FUND 16 | |
| 218 | - | IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 17 | |
| 219 | - | ||
| 220 | - | (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 18 | |
| 221 | - | THE GENERAL FUND OF THE STATE. 19 | |
| 222 | - | ||
| 223 | - | (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 20 | |
| 224 | - | WITH THE STATE BUDGET . 21 | |
| 225 | - | ||
| 226 | - | Article – Courts and Judicial Proceedings 22 | |
| 227 | - | ||
| 228 | - | 10–925. 23 | |
| 229 | - | ||
| 230 | - | (A) IN THIS SECTION, “SEXUAL CRIME ” MEANS: 24 | |
| 231 | - | ||
| 232 | - | (1) AN OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW 25 | |
| 233 | - | ARTICLE; 26 | |
| 234 | - | ||
| 235 | - | (2) THE SEXUAL ABUSE OF A MINOR UNDER § 3–604 OF THE 27 | |
| 236 | - | CRIMINAL LAW ARTICLE; OR 28 | |
| 237 | - | 6 SENATE BILL 949 | |
| 238 | - | ||
| 239 | - | ||
| 240 | - | (3) THE SEXUAL ABUSE OF A VULNERABLE ADULT UND ER § 3–802 OF 1 | |
| 241 | - | THE CRIMINAL LAW ARTICLE. 2 | |
| 242 | - | ||
| 243 | - | (A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE 3 | |
| 244 | - | MEANING STATED IN § 10–923 OF THIS SUBTITLE. 4 | |
| 245 | - | ||
| 246 | - | (B) EVIDENCE INFORMATION THAT PHYSICAL EVIDEN CE OF A SEXUAL 5 | |
| 247 | - | CRIME SEXUALLY ASSAULTIVE BEHAVIOR WAS OBTAINED USING M ATERIALS THAT 6 | |
| 248 | - | WERE SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN A MANNER THAT WOULD 7 | |
| 249 | - | CONSTITUTE A VIOLATI ON OF § 14–4602 OF THE COMMERCIAL LAW ARTICLE IS NOT 8 | |
| 250 | - | ADMISSIBLE IN A CRIMINAL OR CIVI L PROCEEDING INVOLVI NG AN ALLEGATION OF 9 | |
| 251 | - | A SEXUAL CRIME SEXUALLY ASSAULTIVE BEHAVIOR. 10 | |
| 252 | - | ||
| 253 | - | (C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A COURT TO ADMIT 11 | |
| 254 | - | PHYSICAL EVIDENCE . 12 | |
| 255 | - | ||
| 256 | - | Article – Criminal Procedure 13 | |
| 257 | - | ||
| 258 | - | 11–926. 14 | |
| 259 | - | ||
| 260 | - | (J) (1) ANY AGREEMENT , CONDITION OF ACCESS OR USE, OR POLICY 15 | |
| 261 | - | THAT LIMITS OR WAIVE S ANY SUBSTANTIVE OR PROCEDURAL RIGHT OR REMEDY TO 16 | |
| 262 | - | A CLAIM AGAINST ANY PERSON WHO PROVIDES A VICTIM OR ANOTHER PERSON WITH 17 | |
| 263 | - | ANY SERVICE, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT EVIDENCE 18 | |
| 264 | - | OF A SEXUAL ASSAULT IS NU LL AND VOID AS BEING AGAINST THE PUBLIC P OLICY OF 19 | |
| 265 | - | THE STATE. 20 | |
| 266 | - | ||
| 267 | - | (2) ANY DISCLAIMER OF ANY WARRANTIES , EXPRESS OR IMPLIED , OF 21 | |
| 268 | - | MERCHANTABILITY , FITNESS FOR A PARTIC ULAR PURPOSE , OR NONINFRINGEMENT 22 | |
| 269 | - | REGARDING ANY SERVIC E, PRODUCT, INFORMATION , OR OTHER MEANS TO CO LLECT 23 | |
| 270 | - | EVIDENCE OF A SEXUAL ASSAULT IS NULL AND VOID AS BEING AGAINS T THE PUBLIC 24 | |
| 271 | - | POLICY OF THE STATE. 25 | |
| 272 | - | ||
| 273 | - | [(j)] (K) The Attorney General shall adopt regulations for uniform statewide 26 | |
| 274 | - | implementation of this section. 27 | |
| 275 | - | ||
| 276 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 28 | |
| 277 | - | as follows: 29 | |
| 278 | - | ||
| 279 | - | Article – Commercial Law 30 | |
| 280 | - | ||
| 281 | - | 14–4602. 31 | |
| 282 | - | ||
| 283 | - | (a) This section does not apply to a self–administered sexual assault evidence 32 | |
| 284 | - | collection kit that is issued by the Maryland Department of Health. 33 SENATE BILL 949 7 | |
| 285 | - | ||
| 286 | - | ||
| 287 | - | ||
| 288 | - | (b) A person may not sell, offer for sale, or distribute a 1 | |
| 289 | - | self–administered sexual assault evidence collection kit IN VIOLATION OF REGU LATIONS 2 | |
| 290 | - | ADOPTED BY THE ATTORNEY GENERAL UNDER THIS SE CTION. 3 | |
| 291 | - | ||
| 292 | - | (c) (1) A violation of this section is: 4 | |
| 293 | - | ||
| 294 | - | (i) An unfair, abusive, or deceptive trade practice within the 5 | |
| 295 | - | meaning of Title 13 of this article; and 6 | |
| 296 | - | ||
| 297 | - | (ii) Subject to the enforcement and penalty provisions contained in 7 | |
| 298 | - | Title 13 of this article. 8 | |
| 299 | - | ||
| 300 | - | (2) (i) In addition to any penalty imposed under Title 13 of this article, 9 | |
| 301 | - | a person who violates this section is subject to a civil penalty not exceeding $1,000 for each 10 | |
| 302 | - | violation. 11 | |
| 303 | - | ||
| 304 | - | (ii) The civil penalty under subparagraph (i) of this paragraph is 12 | |
| 305 | - | recoverable by the State in a civil action or an administrative cease and desist action under 13 | |
| 306 | - | § 13–403(a) and (b) of this article or after an administrative hearing has been held under § 14 | |
| 307 | - | 13–403(d)(3) and (4) of this article. 15 | |
| 308 | - | ||
| 309 | - | (d) Only the Attorney General may enforce this section. 16 | |
| 310 | - | ||
| 311 | - | (e) All fines, penalties, and damages collected for violations of this section shall 17 | |
| 312 | - | be deposited into the Forensic Nurse Examiner Training Grant Program Fund established 18 | |
| 313 | - | under § 14–4604 of this subtitle. 19 | |
| 314 | - | ||
| 315 | - | (F) (1) THE ATTORNEY GENERAL SHALL ADOPT R EGULATIONS 20 | |
| 316 | - | RELATING TO SELF –ADMINISTERED SEXUAL ASSAULT EVIDENCE COL LECTION KITS. 21 | |
| 317 | - | ||
| 318 | - | (2) THE REGULATIONS SHALL INCLUDE REQUIREMENTS FOR: 22 | |
| 319 | - | ||
| 320 | - | (I) ITEMS THAT ARE INCLUDED IN SELF–ADMINISTERED 23 | |
| 321 | - | SEXUAL ASSAULT EVIDE NCE COLLECTION KITS ; 24 | |
| 322 | - | ||
| 323 | - | (II) TRANSPORTATION AND STORAGE OF SELF–ADMINISTERED 25 | |
| 324 | - | SEXUAL ASSAULT EVIDE NCE COLLECTION KITS ; 26 | |
| 325 | - | ||
| 326 | - | (III) TESTING OF SELF–ADMINISTERED SEXUAL ASSAULT 27 | |
| 327 | - | EVIDENCE COLLECTION KITS; AND 28 | |
| 328 | - | ||
| 329 | - | (IV) PACKAGING, MARKETING, AND REQUIRED DISCLOS URES 29 | |
| 330 | - | FOR SELF–ADMINISTERED SEXUAL ASSAULT EVIDENCE COLLECTION KITS . 30 | |
| 331 | - | ||
| 332 | - | SECTION 3. AND BE IT FURTHER ENACTED, That: 31 8 SENATE BILL 949 | |
| 333 | - | ||
| 334 | - | ||
| 335 | - | ||
| 336 | - | (a) The Attorney General shall adopt regulations relating to self–administered 1 | |
| 337 | - | sexual assault evidence collection kits. 2 | |
| 338 | - | ||
| 339 | - | (b) The regulations shall include requirements for: 3 | |
| 340 | - | ||
| 341 | - | (1) items that are included in self–administered sexual assault evidence 4 | |
| 342 | - | collection kits; 5 | |
| 343 | - | ||
| 344 | - | (2) transportation and storage of self–administered sexual assault 6 | |
| 345 | - | evidence collection kits; 7 | |
| 346 | - | ||
| 347 | - | (3) testing of self–administered sexual assault evidence collection kits; and 8 | |
| 348 | - | ||
| 349 | - | (4) packaging, marketing, and required disclosures for self–administered 9 | |
| 350 | - | sexual assault evidence collection kits. 10 | |
| 351 | - | ||
| 352 | - | SECTION 4. AND BE IT FURTHER ENACTED, That: 11 | |
| 353 | - | ||
| 354 | - | (a) Section 2 of this Act is contingent on the Attorney General adopting 12 | |
| 355 | - | regulations as required by Section 3 of this Act. Section 2 of this Act shall take effect on the 13 | |
| 356 | - | publication of regulations adopted by the Attorney General under Section 3 of this Act. 14 | |
| 357 | - | ||
| 358 | - | (b) The Attorney General shall notify the Department of Legislative Services 15 | |
| 359 | - | when the regulations required by Section 3 of this Act have been adopted. 16 | |
| 360 | - | ||
| 361 | - | (c) If the Department of Legislative Services receives notice that the Attorney 17 | |
| 362 | - | General has adopted the regulations required by Section 3 of this Act, Section 2 of this Act 18 | |
| 363 | - | shall take effect on the date the notice is received by the Department of Legislative Services 19 | |
| 364 | - | in accordance with subsection (b) of this section. 20 | |
| 215 | + | (C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A COURT TO AD MIT 19 | |
| 216 | + | PHYSICAL EVIDENCE . 20 | |
| 365 | 217 | ||
| 366 | 218 | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
| 367 | - | October 1, 2024 is an emergency measure, is necessary for the immediate preservation of 22 | |
| 368 | - | the public health or safety, has been passed by a yea and nay vote supported by three–fifths 23 | |
| 369 | - | of all the members elected to each of the two Houses of the General Assembly, and, except 24 | |
| 370 | - | as provided in Section 4 of this Act, shall take effect from the date it is enacted. 25 | |
| 219 | + | October 1, 2024. 22 |