EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0579*
HOUSE BILL 579
E2 5lr1947
CF 5lr3005
By: Delegates Embry, Feldmark, Kaufman, R. Lewis, Palakovich Carr, Pasteur,
and Taveras
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – U Nonimmigrant Status Petitions 2
FOR the purpose of altering the requirements for certification of a U Nonimmigrant Status 3
Petition; altering the individuals eligible to request a certain official to certify victim 4
helpfulness on a certain form relating to certification of a U Nonimmigrant Status 5
Petition; authorizing disclosure of certain information under certain circumstances; 6
and generally relating to U Nonimmigrant Status petitions. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Procedure 9
Section 11–930 and 11–931 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – Criminal Procedure 14
Section 11–932 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Procedure 20
11–930. 21
(a) In this part the following words have the meanings indicated. 22
(b) “Certifying entity” means: 23 2 HOUSE BILL 579
(1) a State or local law enforcement agency; 1
(2) a State’s Attorney or deputy or assistant State’s Attorney; 2
(3) any other authority that has responsibility for the detection, 3
investigation, or prosecution of a qualifying crime or criminal activity; or 4
(4) an agency that has criminal, CIVIL, FAMILY, OR ADMINISTRATIVE 5
detection [or], investigative, OR PROSECUTORIAL jurisdiction in the agency’s respective 6
areas of expertise, including child protective services, ADULT PROTECTIVE SER VICES, the 7
Commission on Civil Rights, and the Maryland Department of Labor. 8
(c) “Certifying official” means: 9
(1) the head of a certifying entity; 10
(2) an individual in a supervisory role who has been specifically designated 11
by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf 12
of that entity; or 13
(3) any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the 14
Code of Federal Regulations. 15
(d) “FEDERAL U VISA GUIDELINES” MEANS FEDERAL STATUT ES, 16
REGULATIONS , POLICIES, PUBLICATIONS , GUIDANCE, AND INS TRUCTIONS 17
RELATING TO U NONIMMIGRANT STATUS, INCLUDING 8 U.S.C. § 1101(A)(15)(U), 8 18
U.S.C. § 1184(O), 8 U.S.C. § 1367, 72 FED. REG. 53014 (SEPT. 17, 2007), 8 C.F.R. § 19
214.14, AND 8 U.S.C. § 1255(M)(1). 20
(E) “Qualifying crime” includes a criminal offense for which the nature and 21
elements of the offense are substantially similar to the criminal activity described in 22
subsection [(e)] (F) of this section and the attempt, conspiracy, or solicitation to commit the 23
offense. 24
[(e)] (F) “Qualifying criminal activity” means criminal activity under § 25
1101(a)(15)(U)(iii) of the United States Code OR THAT IS DESCRIBED IN FEDERAL U VISA 26
GUIDELINES. 27
11–931. 28
(a) (1) For purposes of filing a petition with the United States Citizenship and 29
Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 30
guardian, [or] next friend, ATTORNEY, VICTIM ADVOCATE , OR OTHER 31
REPRESENTATIVE may request a certifying official of a certifying entity to certify victim 32
helpfulness on a Form I–918, Supplement B certification if the victim: 33 HOUSE BILL 579 3
[(1)] (I) was a victim of a qualifying criminal activity and has been 1
helpful, IS BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL [to the certifying entity] in 2
the detection, investigation, or prosecution, INCLUDING SENTENCING, of that qualifying 3
criminal activity; 4
[(2)] (II) was under the age of 16 years on the date that an act that 5
constitutes an element of qualifying criminal activity first occurred and the victim’s parent, 6
guardian, or next friend has been helpful to the certifying entity in the detection, 7
investigation, or prosecution, INCLUDING SENTENCING, of that qualifying criminal 8
activity; or 9
[(3)] (III) is incapacitated or incompetent and the victim’s parent, 10
guardian, or next friend has been helpful to the certifying entity in the detection, 11
investigation, or prosecution, INCLUDING SENTENCING, of that qualifying criminal 12
activity. 13
(2) (I) A VICTIM OF A QUALIFYI NG CRIME OR A QUALIFYING 14
CRIMINAL ACTIVIT Y IS ELIGIBLE FOR CERT IFICATION. 15
(II) IF A VICTIM IS APPLYI NG FOR CERTIFICATION AS A RESULT 16
OF BEING A VICTIM OF MORE THAN ONE QUALIFYING CRIME OR QUALIFYING 17
CRIMINAL ACTIVIT Y, EACH QUALIFYING CRIME AND QUALIFYING CRIMINAL 18
ACTIVITY SHALL BE LISTED ON THE CER TIFICATION. 19
(b) FOR PURPOSES OF DETER MINING HELPFULNESS FOR A REQUEST FOR 20
CERTIFICATION UNDER SUBSECTION (A) OF THIS SECTION , AN INDIVIDUAL SHALL 21
BE CONSIDERED HELPFU L IF, SINCE THE INITIATION OF HE LPFULNESS, THE 22
INDIVIDUAL HAS NOT U NREASONABLY REFUSED TO COOPERATE OR FAIL ED TO 23
PROVIDE INFORMATION AND ASSISTANCE REASO NABLY REQUESTED BY A 24
CERTIFYING ENTITY . 25
(C) For purposes of determining helpfulness under subsection (a) of this section, 26
if the victim or the victim’s parent, guardian, or next friend is assisting, has assisted, or is 27
likely to assist law enforcement authorities in the detection, investigation, or prosecution 28
of qualifying criminal activity, the victim or the victim’s parent, guardian, or next friend 29
shall be considered to be helpful, to have been helpful, or likely to be helpful. 30
[(c)] (D) If the victim or the victim’s parent, guardian, or next friend satisfies 31
the criteria specified under subsection (a) of this section, the certifying official shall fully 32
complete and sign the Form I–918, Supplement B certification and, with respect to victim 33
helpfulness, include: 34
(1) specific details about the nature of the crime DETECTED, investigated 35
[or], prosecuted, OR SENTENCED ; 36 4 HOUSE BILL 579
(2) a detailed description of the victim’s PAST OR PRESENT helpfulness or 1
likely helpfulness to the detection, investigation, or prosecution, INCLUDING 2
SENTENCING, of the criminal activity; and 3
(3) copies of any documents in the possession of the certifying official that 4
evince the harm endured by the victim due to the criminal activity. 5
[(d)] (E) (1) Except as provided in paragraph (2) of this subsection, the 6
certifying entity shall certify or decline certification of the Form I–918, Supplement B 7
certification within 90 days after receiving a request under subsection (a) of this section. 8
(2) If a noncitizen victim is the subject of removal, exclusion, or deportation 9
proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 10
entity shall certify or decline certification of the Form I–918, Supplement B certification 11
within 14 days after receiving a request under subsection (a) of this section. 12
[(e)] (F) A current investigation, the filing of charges, a prosecution, or a 13
conviction is not required for a victim or the victim’s parent, guardian, [or] next friend, 14
ATTORNEY, VICTIM ADVOCATE , OR OTHER REPRESENTAT IVE to request and obtain the 15
Form I–918, Supplement B certification under this section. 16
(G) THERE IS NO STATUTE OF LIMITATIONS FOR WHEN A QUALIFYING 17
CRIMINAL ACTIVITY OC CURRED RELATIVE TO T HE REQUEST FOR CERTI FICATION OF 18
VICTIM HELPFULNESS U NDER THIS SECTION. 19
(H) IF THE CERTIFYING OFF ICIAL CANNOT DETERMI NE WHETHER THE 20
APPLICANT IS A VICTI M OF A QUALIFYING CRIMINAL ACTIVITY OR DETERMIN ES 21
THAT THE APPLICANT D OES NOT QUALIFY FOR CERTIFICATION , THE CERTIFYING 22
OFFICIAL SHALL PROVI DE A WRITTEN EXPLANA TION TO THE VICTIM OR THE 23
VICTIM’S PARENT, GUARDIAN, NEXT FRIEND , ATTORNEY, VICTIM ADVOCATE , OR 24
OTHER REPRESENTATIVE SETTING FORTH REASON S WHY THE AVAILABLE EVIDENCE 25
DOES NOT SUPPORT ISS UANCE OF THE CERTIFI CATION. 26
[(f)] (I) A certifying official may DENY OR withdraw the certification provided 27
under this section only [on refusal to provide information and assistance when reasonably 28
requested of: 29
(1) the victim; or 30
(2) the victim’s parent, guardian, or next friend if the victim was under the 31
age of 16 years on the date that an act that constitutes an element of qualifying criminal 32
activity first occurred or if the victim is incapacitated or incompetent] IF, AFTER 33
CONSIDERING THE TOTA LITY OF THE CIRCUMST ANCES, THE PERSON PROVIDING 34
THE HELPFULNESS UNDER SUBSECTION (A) OF THIS SECTION UNREASONABLY 35 HOUSE BILL 579 5
REFUSED TO COOPERATE OR FAILED TO PROVIDE INFORMATION OR ASSISTANCE 1
REASONABLY REQUESTED BY A CERTIFYING OFFI CIAL. 2
(J) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, A 3
CERTIFYING OFFICIAL ’S COMPLETION OF A CE RTIFICATION FORM MAY NOT BE 4
CONSIDERED SUFFICIEN T EVIDENCE THAT AN A PPLICANT FOR A U OR A T VISA HAS 5
MET ALL ELIGIBILITY REQUIREMENTS FOR THAT VISA , AND COMPLETION OF A 6
CERTIFICATION FORM BY A CERTIFYING OFFICIAL MAY NOT BE CONSTRUED TO 7
GUARANTEE THAT THE VICTIM WILL RECEIVE IMMIGRA TION RELIE F UNDER 8
FEDERAL LAW . 9
(2) COMPLETION OF A CERTI FICATION FORM BY A C ERTIFYING 10
OFFICIAL ONLY SERVES AS VERIF ICATION OF THE FACTUAL INFORMATION 11
RELEVANT FOR A FEDERAL IMMIGRATION OFFICIAL TO DETERMIN E ELIGIBILITY 12
FOR A U OR A T VISA. 13
(3) BY COMPLETING A CERTI FICATION FORM , THE CERT IFYING 14
OFFICIAL ATTESTS THA T THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF 15
THE CERTIFYING OFFIC IAL’S KNOWLEDGE . 16
(4) THIS SECTION DOES NOT LIMIT THE MANNER IN WHICH A 17
CERTIFYING OFFICIAL OR CERTIFYING AGENCY MAY: 18
(I) DESCRIBE WHETHER THE PERSON HAS BEEN HELP FUL TO 19
THE CERTIFYING ENTITY ; OR 20
(II) PROVIDE ANY ADDITION AL INFORMATION THE C ERTIFYING 21
OFFICIAL OR CERTIFYI NG ENTITY BELIEVES MIGHT BE RE LEVANT TO THE 22
ADJUDICATION OF A U OR A T VISA APPLICATION . 23
[(g) A certifying entity may disclose information relating to a victim who is seeking 24
or has obtained U Nonimmigrant Status only: 25
(1) in order to comply with federal law, court order, or a discovery 26
obligation in the prosecution of a criminal offense; or 27
(2) after adult petitioners for U Nonimmigrant Status or adult U 28
Nonimmigrant Status holders have provided written consent for the disclosure of the 29
information. 30
(h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 31
certifying official who acts or fails to act in good faith in compliance with this section has 32
the immunity from liability described under § 5–643 of the Courts Article. 33
6 HOUSE BILL 579
(2) A person who brings an action to seek enforcement of this section may 1
not be awarded attorney’s fees or costs unless the action demonstrates willful or wanton 2
misconduct by a certifying entity or certifying official.] 3
11–932. 4
(A) A CERTIFYING ENTITY OR A CERTIFYING OFFI CIAL MAY DISCLOSE 5
INFORMATION RELATING TO A VICTIM WHO IS S EEKING CERTIFICATION , OR WHO IS 6
SEEKING OR HAS OBTAINED U NONIMMIGRANT STATUS ONLY: 7
(1) TO COMPLY WITH FEDER AL LAW, A COURT ORDER , OR A 8
DISCOVERY OBLIGATION IN THE PROSECUTION O F A CRIMINAL OFFENSE ; OR 9
(2) IF APPLICABLE , AFTER THE VICTIM HAS WAIVED 10
CONFIDENTIALITY PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT 11
UNDER 34 U.S.C. § 12291(B)(2). 12
(B) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R OR DIMINISH THE 13
DUTIES AND REQUIREME NTS OF A LAW ENFORCE MENT OFFICER , A STATE’S 14
ATTORNEY, OR THE ATTORNEY GENERAL FROM DISCLOSI NG EXCULPATORY 15
INFORMATION TO A DEF ENDANT IN A CRIMINAL CASE. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18