EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0058*
HOUSE BILL 58
J1, E4 5lr0124
(PRE–FILED) CF SB 206
By: Chair, Judiciary Committee (By Request – Departmental – Office of Crime
Prevention and Policy)
Requested: September 29, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Rape Kit Collection, Testing, and Tracking Grant Fund 2
– Alterations 3
FOR the purpose of altering the name, purpose, and use of the Rape Kit Testing Grant 4
Fund; and generally relating to the Rape Kit Collection, Testing, and Tracking Grant 5
Fund. 6
BY repealing and reenacting, with amendments, 7
Article – Public Safety 8
Section 4–401 9
Annotated Code of Maryland 10
(2022 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 – Public Safety 14
4–401. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Forensic laboratory” means a facility, an entity, or a site that offers or 17
performs forensic analysis and is owned or operated by the State, a county or municipal 18
corporation in the State, or another governmental entity. 19
(3) “Fund” means the Rape Kit COLLECTION, Testing, AND TRACKING 20
Grant Fund. 21 2 HOUSE BILL 58
(4) “Law enforcement agency” means the Department of State Police or a 1
police department of a county or municipal corporation in the State. 2
(5) “RN–FNE” MEANS A REGISTERED N URSE – FORENSIC NURSE 3
EXAMINER CERTIFIED B Y THE STATE BOARD OF NURSING. 4
(b) There is a Rape Kit COLLECTION, Testing, AND TRACKING Grant Fund. 5
(c) (1) The purpose of the Fund is to provide law enforcement agencies with 6
MULTIYEAR funding to pay for testing of sexual assault evidence collection kits [by forensic 7
laboratories]. 8
(2) THE FUND MAY BE USED FOR EQUIPMENT, SUPPLIES, 9
PERSONNEL , AND OUTSOURCING NECE SSARY TO TEST SEXUAL ASSAULT EVIDENCE 10
COLLECTION KITS COLL ECTED BEFORE OR AFTER THE ESTABLISHM ENT OF THE 11
FUND. 12
(d) The Executive Director of the Governor’s Office of Crime Prevention and 13
Policy shall: 14
(1) administer the Fund; 15
(2) establish and publish procedures for the distribution of funding to [law 16
enforcement agencies] ELIGIBLE RECIPIENTS OF THE FUND; 17
(3) ensure each jurisdiction in the State that has a forensic laboratory is 18
able to access the Fund; 19
(4) consider the number of sexual assault incidents that were investigated 20
by a law enforcement agency in the prior fiscal year when distributing funding; and 21
(5) submit a report with information on the distribution of funding to the 22
General Assembly, in accordance with § 2–1257 of the State Government Article, before 23
[September] OCTOBER 1 each year. 24
(e) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY 25
MAY USE UP TO 5% OF THE FUND FOR ADMINISTRATI VE PURPOSES. 26
(2) AFTER DISTRIBUTING FU NDING TO PAY FOR TES TING, THE 27
GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY MAY PROVIDE GR ANTS 28
TO: 29
(I) LAW ENFORCEMENT AGEN CIES TO FUND AN INCR EASE IN 30
THE SEXUAL ASSAULT E VIDENCE COLLECTION K IT TESTING CAPACITY OF 31 HOUSE BILL 58 3
LABORATORIES , INCLUDING TECHNOLOGI CAL AND, SUBJECT TO TITLE 3, SUBTITLE 1
6 OF THE STATE FINANCE AND PROCUREMENT ARTICLE, PHYSICAL 2
IMPROVEMENTS ; 3
(II) SUPPORT EFFORTS TO E NTER SEXUAL ASSAULT EVIDENCE 4
COLLECTION KITS INTO THE REPORTING PROGRA M UNDER § 11–926.1 OF THE 5
CRIMINAL PROCEDURE ARTICLE; 6
(III) HOSPITALS FOR THE HI RING OF RN–FNE POSITIONS; AND 7
(IV) HOSPITALS OR NONPROF IT ORGANIZATIONS TO PAY FOR 8
TRAINING, TRAINING MATERIALS , AND OTHER RESOURCES REQUIRED FOR THE 9
RN–FNE CERTIFICATION . 10
(F) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 11
the State Finance and Procurement Article. 12
(2) The State Treasurer shall hold the Fund separately, and the 13
Comptroller shall account for the Fund. 14
[(f)] (G) The Fund consists of: 15
(1) money appropriated in the State budget to the Fund; 16
(2) any interest earnings of the Fund; and 17
(3) any other money from any other source accepted for the benefit of the 18
Fund. 19
[(g) (1) The Fund may be used only for equipment, supplies, personnel, and 20
outsourcing necessary for the testing of sexual assault evidence collection kits in forensic 21
laboratories. 22
(2) Subject to paragraph (1) of this subsection, the Fund may be used for 23
equipment, supplies, personnel, and outsourcing necessary for the testing of sexual assault 24
evidence collection kits collected before or after the establishment of the Fund.] 25
(h) (1) The State Treasurer shall invest the money of the Fund in the same 26
manner as other State money may be invested. 27
(2) Any interest earnings of the Fund, including interest earnings under 28
subsection [(f)] (G) of this section, shall be credited to the Fund. 29
(i) Expenditures from the Fund may be made only in accordance with the State 30
budget. 31 4 HOUSE BILL 58
(j) Money expended from the Fund for testing of sexual assault evidence 1
collection kits is supplemental to and is not intended to take the place of funding that 2
otherwise would be appropriated for testing of sexual assault evidence collection kits. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5