EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1550*
HOUSE BILL 1550
E2 5lr3621
By: Delegate Conaway
Introduced and read first time: February 25, 2025
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Sexual Assault Evidence Collection Kits – Testing and 2
Reporting 3
FOR the purpose of requiring a law enforcement agency to provide a certain victim of sexual 4
assault certain notice pertaining to the submission of a sexual assault evidence 5
collection kit to a forensic laboratory under certain circumstances; altering a certain 6
provision of law to require a forensic laboratory to determine suitability and perform 7
screening, testing, and analysis within a certain time period of receipt of a sexual 8
assault evidence collection kit, rather than in a timely manner; authorizing a victim 9
of sexual assault to have a certain sexual assault evidence collection kit screened, 10
tested, and analyzed at the victim’s expense at a certain time; requiring forensic 11
laboratories to eliminate any untested sexual assault evidence collection kit backlog 12
in a certain manner at a certain time; requiring each law enforcement agency to 13
submit a certain annual report to the House Judiciary Committee; and generally 14
relating to sexual assault evidence. 15
BY repealing and reenacting, with amendments, 16
Article – Criminal Procedure 17
Section 11–926 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Criminal Procedure 23
11–926. 24
(a) (1) In this section the following words have the meanings indicated. 25
2 HOUSE BILL 1550
(2) “Child advocacy center” has the meaning stated in § 13–2201 of the 1
Health – General Article. 2
(3) “Hospital” has the meaning stated in § 19–301 of the Health – General 3
Article. 4
(4) “Qualified health care provider” has the meaning stated in § 11–1007 5
of this article. 6
(5) (i) “Sexual assault evidence collection kit” means physical evidence 7
collected: 8
1. by a qualified health care provider; 9
2. from the body or clothing of a living or deceased person; 10
3. following an allegation or suspicion of sexual assault; and 11
4. for the purpose of preserving the physical evidence. 12
(ii) “Sexual assault evidence collection kit” does not include a 13
self–administered sexual assault evidence collection kit. 14
(b) A qualified health care provider that performs a sexual assault evidence 15
collection kit exam on a victim of sexual assault shall provide the victim with: 16
(1) contact information for the investigating law enforcement agency that 17
the victim may contact about the status and results of the kit analysis; and 18
(2) written information describing the laws and policies governing the 19
testing, preservation, and disposal of a sexual assault evidence collection kit. 20
(c) An investigating law enforcement agency that receives a sexual assault 21
evidence collection kit[,] SHALL: 22
(1) UNLESS THERE IS A REQ UEST TO WAIVE NOTICE , NOTIFY THE 23
VICTIM VIA E–MAIL OF THE SUBMISSION OF THE VICTIM’S SEXUAL ASSAULT 24
EVIDENCE KIT TO A FORENSIC LA BORATORY; AND 25
(2) within 30 days after a request by the victim from whom the evidence 26
was collected, [shall] provide the victim with: 27
[(1)] (I) information about the status of the kit analysis; and 28
[(2)] (II) all available results of the kit analysis except results that would 29
impede or compromise an ongoing investigation. 30 HOUSE BILL 1550 3
(d) (1) A sexual assault evidence collection kit or a self–administered sexual 1
assault evidence collection kit shall be transferred to a law enforcement agency: 2
(i) by a hospital or a child advocacy center within 30 days after the 3
exam is performed; or 4
(ii) by a government agency in possession of a kit, unless the agency 5
is otherwise required to retain the kit by law or court rule. 6
(2) Except as provided in paragraph (3) of this subsection, within 75 years 7
after the evidence is collected, a law enforcement agency may not destroy or dispose of: 8
(i) a sexual assault evidence collection kit; or 9
(ii) other crime scene evidence relating to a sexual assault that has 10
been identified by the State’s Attorney as relevant to prosecution. 11
(3) A law enforcement agency is not required to comply with the 12
requirements in paragraph (2) of this subsection if: 13
(i) the case for which the evidence was collected resulted in a 14
conviction and the sentence has been completed; or 15
(ii) all suspects identified by testing a sexual assault evidence 16
collection kit are deceased. 17
(4) On written request by the victim from whom the evidence was collected, 18
a law enforcement agency with custody of a sexual assault evidence collection kit or other 19
crime scene evidence relating to a sexual assault shall: 20
(i) notify the victim no later than 60 days before the date of intended 21
destruction or disposal of the evidence; or 22
(ii) retain the evidence for 12 months longer than the time period 23
specified in paragraph (2) of this subsection or for a time period agreed to by the victim and 24
the law enforcement agency. 25
(e) A sexual assault evidence collection kit shall be submitted to a forensic 26
laboratory for analysis unless: 27
(1) there is clear evidence disproving the allegation of sexual assault; 28
(2) the facts alleged, if true, could not be interpreted to violate a provision 29
of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 of the 30
Criminal Law Article; 31
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(3) the victim from whom the evidence was collected declines to give 1
consent for analysis; or 2
(4) the suspect’s profile has been collected for entry as a convicted offender 3
for a qualifying offense in the Combined DNA Index System (CODIS) maintained by the 4
Federal Bureau of Investigation and the suspect has pleaded guilty to the offense that led 5
to the sexual assault evidence collection kit. 6
(f) (1) If a victim of sexual assault wishes to remain anonymous and not file a 7
criminal complaint, the victim shall be informed that the victim may file a criminal 8
complaint at a future time. 9
(2) If a provision of subsection (e) of this section is determined to be 10
satisfied after the submission of the victim’s sexual assault evidence collection kit for 11
analysis, testing may be terminated or not initiated. 12
(g) Except as provided in subsection (e) of this section, an investigating law 13
enforcement agency that receives a sexual assault evidence collection kit shall: 14
(1) submit the kit and all requested associated reference standards to a 15
forensic laboratory for analysis within 30 days of receipt of the kit and all requested 16
associated reference standards; and 17
(2) make use of certified sexual assault crisis programs or other qualified 18
community–based sexual assault victim service organizations that can provide services and 19
support to survivors of sexual assault. 20
(h) (1) (i) A forensic laboratory that receives a sexual assault evidence 21
collection kit and all requested associated reference standards for analysis shall determine 22
suitability and complete screening, testing, and analysis [in a timely manner] WITHIN 180 23
DAYS OF RECEIPT OF T HE KIT. 24
(ii) Failure to complete the screening, testing, and analysis [in a 25
timely manner] WITHIN 180 DAYS OF RECEIPT OF T HE KIT as required in subparagraph 26
(i) of this paragraph may not constitute the basis for excluding the analysis or results as 27
evidence in a criminal proceeding. 28
(III) IF A FORENSIC LABORAT ORY DOES NOT COMPLET E 29
SCREENING, TESTING, AND ANALYSIS WITHIN 180 DAYS OF RECEIPT OF T HE KIT, THE 30
VICTIM MAY HAVE THE KIT SCREENED, TESTED, AND ANALYZED AT THE VICTIM’S 31
EXPENSE. 32
(2) Forensic laboratories shall: 33
HOUSE BILL 1550 5
(I) AS SOON AS POSSIBLE , ELIMINATE ANY BACKLOG OF 1
UNTESTED SEXUAL ASSA ULT EVIDENCE COLLECT ION KITS ON A FIRST –IN, 2
FIRST–OUT BASIS; AND 3
(II) report annually to the Maryland Sexual Assault Evidence Kit 4
Policy and Funding Committee regarding the duration required to complete testing, 5
beginning with receipt of the kit until a report is prepared, of each sexual assault evidence 6
collection kit. 7
(i) (1) The eligible results of an analysis of a sexual assault evidence collection 8
kit shall be entered into CODIS. 9
(2) The DNA collected from a victim under this section may not be used for 10
any purpose except as authorized by this section. 11
(j) (1) Any agreement, condition of access or use, or policy that limits or waives 12
any substantive or procedural right or remedy to a claim against any person who provides 13
a victim or another person with any service, product, information, or other means to collect 14
evidence of a sexual assault is null and void as being against the public policy of the State. 15
(2) Any disclaimer of any warranties, express or implied, of 16
merchantability, fitness for a particular purpose, or noninfringement regarding any 17
service, product, information, or other means to collect evidence of a sexual assault is null 18
and void as being against the public policy of the State. 19
(K) ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 20
THEREAFTER , EACH LAW ENFORCEMENT AGENCY SHALL SUBMIT A REPORT TO THE 21
HOUSE JUDICIARY COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 22
GOVERNMENT ARTICLE, WITH REGARD TO THE P REVIOUS FISCAL YEAR , ON: 23
(1) THE NUMBER OF MINORS TES TED UNDER THIS SECTION BY 24
JURISDICTION; 25
(2) THE NUMBER OF ADULTS TES TED UNDER THIS SECTION BY 26
JURISDICTION; AND 27
(3) THE NUMBER OF SEXUAL ASS AULT EVIDENCE COLLEC TION KITS 28
WITHDRAWN FROM TESTI NG BY JURISDICTION . 29
[(k)] (L) The Attorney General shall adopt regulations for uniform statewide 30
implementation of this section. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32
1, 2025. 33