EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0366*
HOUSE BILL 366
E3 5lr2461
CF 5lr2463
By: Delegate Embry
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Police Record Concerning a Child – Confidentiality Exception 2
FOR the purpose of authorizing the public disclosure by the Office of the Attorney General 3
of certain information concerning a child in relation to an independent investigation 4
of certain police–involved incidents, subject to a certain requirement; and generally 5
relating to police records concerning a child. 6
BY repealing and reenacting, with amendments, 7
Article – Courts and Judicial Proceedings 8
Section 3–8A–27(a) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Courts and Judicial Proceedings 14
3–8A–27. 15
(a) (1) (I) A police record concerning a child is confidential and shall be 16
maintained separate from those of adults. [Its] 17
(II) THE contents OF A POLICE RECORD C ONCERNING A CHILD 18
may not be divulged, by subpoena or otherwise, except by order of the court upon good cause 19
shown or as otherwise provided in § 7–303 of the Education Article. 20
(2) This subsection does not prohibit: 21
(i) Access to and confidential use of the record by the Department of 22 2 HOUSE BILL 366
Juvenile Services or in the investigation and prosecution of the child by any law 1
enforcement agency; 2
(ii) Access to and confidential use of the record by the Baltimore City 3
Mayor’s Office on Criminal Justice if the Baltimore City Mayor’s Office on Criminal Justice 4
is providing programs and services to a child who is the subject of the record, for a purpose 5
relevant to the provisions of the programs and services and the development of a 6
comprehensive treatment plan; 7
(iii) A law enforcement agency of the State or of a political subdivision 8
of the State, the Department of Juvenile Services, or the criminal justice information 9
system from including in the law enforcement computer information system information 10
about: 11
1. An outstanding juvenile court ordered writ of attachment 12
or an outstanding criminal court ordered writ of attachment, for the sole purpose of 13
apprehending a child named in the writ; 14
2. An outstanding criminal court issued warrant, for the sole 15
purpose of apprehending a child named in the warrant; or 16
3. A missing child as defined in § 9–401 of the Family Law 17
Article; [or] 18
(iv) A law enforcement agency of the State or of a political subdivision 19
of the State, when necessary and for the sole purposes of facilitating apprehension of a child 20
and ensuring public safety, from releasing to the public photographs and identifying 21
information of a child who: 22
1. Has escaped from: 23
A. A detention center for juveniles; 24
B. A secure residential facility for juveniles; or 25
C. A correctional unit as defined in § 2–401 of the 26
Correctional Services Article; 27
2. Is a missing child as defined in § 9–401 of the Family Law 28
Article; or 29
3. The court does not have jurisdiction over pursuant to § 30
3–8A–03(d)(1), (4), or (5) of this subtitle and who is subject to: 31
A. Arrest; or 32
B. An arrest warrant issued by a criminal court; OR 33 HOUSE BILL 366 3
(V) IN RELATION TO AN IND EPENDENT INVESTIGATI ON UNDER 1
§ 6–602 OF THE STATE GOVERNMENT ARTICLE OF A POLICE –INVOLVED INCIDENT 2
RESULTING IN THE DEA TH OR INJURY OF A CH ILD, AND ONLY WITH THE EX PRESS 3
CONSENT OF THE PAREN T OR GUARDIAN OF THE CHILD, THE OFFICE OF THE 4
ATTORNEY GENERAL FROM RELEASIN G TO THE PUBLIC THE NAME AND AGE OF T HE 5
CHILD. 6
(3) The Baltimore City Mayor’s Office on Criminal Justice shall be liable 7
for the unauthorized release of a police record it accesses under this subsection. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2025. 10