Maryland 2025 Regular Session

Maryland House Bill HB366 Compare Versions

Only one version of the bill is available at this time.

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	5	hb0366
6	6
7	7	HOUSE BILL 366
8	8	E3 5lr2461
9	9	CF 5lr2463
10	10	By: Delegate Embry
11	11	Introduced and read first time: January 16, 2025
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Juvenile Law – Police Record Concerning a Child – Confidentiality Exception 2
19	19
20	20	FOR the purpose of authorizing the public disclosure by the Office of the Attorney General 3
21	21	of certain information concerning a child in relation to an independent investigation 4
22	22	of certain police–involved incidents, subject to a certain requirement; and generally 5
23	23	relating to police records concerning a child. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Courts and Judicial Proceedings 8
27	27	Section 3–8A–27(a) 9
28	28	Annotated Code of Maryland 10
29	29	(2020 Replacement Volume and 2024 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Courts and Judicial Proceedings 14
35	35
36	36	3–8A–27. 15
37	37
38	38	(a) (1) (I) A police record concerning a child is confidential and shall be 16
39	39	maintained separate from those of adults. [Its] 17
40	40
41	41	(II) THE contents OF A POLICE RECORD C ONCERNING A CHILD 18
42	42	may not be divulged, by subpoena or otherwise, except by order of the court upon good cause 19
43	43	shown or as otherwise provided in § 7–303 of the Education Article. 20
44	44
45	45	(2) This subsection does not prohibit: 21
46	46
47	47	(i) Access to and confidential use of the record by the Department of 22 2 HOUSE BILL 366
48	48
49	49
50	50	Juvenile Services or in the investigation and prosecution of the child by any law 1
51	51	enforcement agency; 2
52	52
53	53	(ii) Access to and confidential use of the record by the Baltimore City 3
54	54	Mayor’s Office on Criminal Justice if the Baltimore City Mayor’s Office on Criminal Justice 4
55	55	is providing programs and services to a child who is the subject of the record, for a purpose 5
56	56	relevant to the provisions of the programs and services and the development of a 6
57	57	comprehensive treatment plan; 7
58	58
59	59	(iii) A law enforcement agency of the State or of a political subdivision 8
60	60	of the State, the Department of Juvenile Services, or the criminal justice information 9
61	61	system from including in the law enforcement computer information system information 10
62	62	about: 11
63	63
64	64	1. An outstanding juvenile court ordered writ of attachment 12
65	65	or an outstanding criminal court ordered writ of attachment, for the sole purpose of 13
66	66	apprehending a child named in the writ; 14
67	67
68	68	2. An outstanding criminal court issued warrant, for the sole 15
69	69	purpose of apprehending a child named in the warrant; or 16
70	70
71	71	3. A missing child as defined in § 9–401 of the Family Law 17
72	72	Article; [or] 18
73	73
74	74	(iv) A law enforcement agency of the State or of a political subdivision 19
75	75	of the State, when necessary and for the sole purposes of facilitating apprehension of a child 20
76	76	and ensuring public safety, from releasing to the public photographs and identifying 21
77	77	information of a child who: 22
78	78
79	79	1. Has escaped from: 23
80	80
81	81	A. A detention center for juveniles; 24
82	82
83	83	B. A secure residential facility for juveniles; or 25
84	84
85	85	C. A correctional unit as defined in § 2–401 of the 26
86	86	Correctional Services Article; 27
87	87
88	88	2. Is a missing child as defined in § 9–401 of the Family Law 28
89	89	Article; or 29
90	90
91	91	3. The court does not have jurisdiction over pursuant to § 30
92	92	3–8A–03(d)(1), (4), or (5) of this subtitle and who is subject to: 31
93	93
94	94	A. Arrest; or 32
95	95
96	96	B. An arrest warrant issued by a criminal court; OR 33 HOUSE BILL 366 3
97	97
98	98
99	99
100	100	(V) IN RELATION TO AN IND EPENDENT INVESTIGATI ON UNDER 1
101	101	§ 6–602 OF THE STATE GOVERNMENT ARTICLE OF A POLICE –INVOLVED INCIDENT 2
102	102	RESULTING IN THE DEA TH OR INJURY OF A CH ILD, AND ONLY WITH THE EX PRESS 3
103	103	CONSENT OF THE PAREN T OR GUARDIAN OF THE CHILD, THE OFFICE OF THE 4
104	104	ATTORNEY GENERAL FROM RELEASIN G TO THE PUBLIC THE NAME AND AGE OF T HE 5
105	105	CHILD. 6
106	106
107	107	(3) The Baltimore City Mayor’s Office on Criminal Justice shall be liable 7
108	108	for the unauthorized release of a police record it accesses under this subsection. 8
109	109
110	110	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
111	111	October 1, 2025. 10
112	112