Maryland 2025 Regular Session

Maryland House Bill HB638 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 EXISTING LA W.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0638
6	6
7	7	HOUSE BILL 638
8	8	E2, E3 5lr0736
9	9
10	10	By: Delegates Grammer and Arikan
11	11	Introduced and read first time: January 23, 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	Juveniles – Sexual Offenses – Registration and Reporting Requirements 2
19	19
20	20	FOR the purpose of requiring a person who has been adjudicated delinquent for an act that, 3
21	21	if committed by an adult, would constitute a certain sexual offense to register as a 4
22	22	juvenile sex offender; requiring a juvenile registrant to remain on the juvenile sex 5
23	23	offender registry until the registrant reaches a certain age under certain 6
24	24	circumstances; expanding the definition of “reportable offense” to include certain 7
25	25	sexual offenses in provisions of law requiring law enforcement agencies and State’s 8
26	26	Attorneys to notify schools when a child is arrested for certain offenses; and generally 9
27	27	relating to juveniles and sexual offenses. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Criminal Procedure 12
31	31	Section 11–704(c)(1) and 11–704.1 13
32	32	Annotated Code of Maryland 14
33	33	(2018 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY repealing and reenacting, without amendments, 16
36	36	Article – Education 17
37	37	Section 7–303(a)(1) 18
38	38	Annotated Code of Maryland 19
39	39	(2022 Replacement Volume and 2024 Supplement) 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Article – Education 22
43	43	Section 7–303(a)(6) 23
44	44	Annotated Code of Maryland 24
45	45	(2022 Replacement Volume and 2024 Supplement) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That the Laws of Maryland read as follows: 27 2 HOUSE BILL 638
49	49
50	50
51	51
52	52	Article – Criminal Procedure 1
53	53
54	54	11–704. 2
55	55
56	56	(c) (1) A person who has been adjudicated delinquent for an act that, if 3
57	57	committed by an adult, would constitute a violation of § 3–303 or § 3–304 of the Criminal 4
58	58	Law Article, § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before 5
59	59	October 1, 2017, or [§ 3–307(a)(1) or (2)] § 3–307 or § 3–308(b)(1) of the Criminal Law 6
60	60	Article [involving conduct described in § 3–301(e)(2) of the Criminal Law Article], shall 7
61	61	register with the person’s supervising authority if: 8
62	62
63	63	(i) the person was a minor who was at least 13 years old at the time 9
64	64	the delinquent act was committed; 10
65	65
66	66	(ii) the State’s Attorney or the Department of Juvenile Services 11
67	67	requests that the person be required to register; 12
68	68
69	69	(iii) 90 days prior to the time the juvenile court’s jurisdiction over the 13
70	70	person terminates under § 3–8A–07 of the Courts Article, the court, after a hearing, 14
71	71	determines under a clear and convincing evidence standard that the person is at significant 15
72	72	risk of committing a sexually violent offense or an offense for which registration as a tier II 16
73	73	sex offender or tier III sex offender is required; and 17
74	74
75	75	(iv) the person is at least 18 years old. 18
76	76
77	77	11–704.1. 19
78	78
79	79	(a) In this section, “juvenile registrant” means a person who is required to be 20
80	80	included in the registry of juvenile sex offenders under subsection (b) of this section. 21
81	81
82	82	(b) A person shall be included in a registry of juvenile sex offenders that is 22
83	83	maintained by the Department separately from the sex offender registry if: 23
84	84
85	85	(1) the person has been adjudicated delinquent for an act that, if committed 24
86	86	by an adult: 25
87	87
88	88	(i) would constitute a violation of § 3–303, § 3–304, or [§ 3–307(a)(1) 26
89	89	or (2)] § 3–307 of the Criminal Law Article; or 27
90	90
91	91	(ii) would constitute a violation of § 3–305 or § 3–306(a)(1) or (2) of 28
92	92	the Criminal Law Article as the sections existed before October 1, 2017; and 29
93	93
94	94	(2) the person was a minor who was at least 14 years old at the time the 30
95	95	delinquent act was committed. 31
96	96	HOUSE BILL 638 3
97	97
98	98
99	99	(c) The registry of juvenile sex offenders shall be accessible only by law 1
100	100	enforcement personnel for law enforcement purposes. 2
101	101
102	102	(d) (1) [When] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 3
103	103	SUBSECTION, WHEN the juvenile court’s jurisdiction over a juvenile registrant terminates 4
104	104	under § 3–8A–07 of the Courts Article, the juvenile registrant shall be removed from the 5
105	105	registry. 6
106	106
107	107	(2) IF A JUVENILE COURT ’S JURISDICTION OVER A JUVENILE 7
108	108	REGISTRANT TERMINATE S BEFORE THE JUVENIL E REGISTRANT REACHES 21 YEARS 8
109	109	OF AGE, THE JUVENILE REGISTRANT SHALL REMAIN ON THE REGISTRY UNTIL THE 9
110	110	REGISTRANT REACHES 21 YEARS OF AGE. 10
111	111
112	112	(e) A juvenile registrant shall appear in person at a location designated by the 11
113	113	Department of Juvenile Services every 3 months to: 12
114	114
115	115	(1) update and verify with the Department of Juvenile Services the 13
116	116	information included in the registry of juvenile sex offenders under this section; and 14
117	117
118	118	(2) allow the Department of Juvenile Services to take a digital image of the 15
119	119	juvenile registrant. 16
120	120
121	121	Article – Education 17
122	122
123	123	7–303. 18
124	124
125	125	(a) (1) In this section the following words have the meanings indicated. 19
126	126
127	127	(6) “Reportable offense” means an offense that: 20
128	128
129	129	(i) Occurred off school premises; 21
130	130
131	131	(ii) Did not occur at an event sponsored by the school; and 22
132	132
133	133	(iii) Involved any of the following: 23
134	134
135	135	1. A crime of violence, as defined in § 14–101 of the Criminal 24
136	136	Law Article; 25
137	137
138	138	2. Any of the offenses enumerated in [§ 3–8A–03(e)(4)] § 26
139	139	3–8A–03(D)(4) of the Courts Article; 27
140	140
141	141	3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 28
142	142	Criminal Law Article; 29
143	143	4 HOUSE BILL 638
144	144
145	145
146	146	4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 1
147	147	§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 2
148	148	or § 5–628 of the Criminal Law Article; 3
149	149
150	150	5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 4
151	151	Law Article; 5
152	152
153	153	6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 6
154	154	Criminal Law Article; 7
155	155
156	156	7. A violation of § 9–802 or § 9–803 of the Criminal Law 8
157	157	Article; 9
158	158
159	159	8. A violation of § 3–203 of the Criminal Law Article; 10
160	160
161	161	9. A violation of § 6–301 of the Criminal Law Article; 11
162	162
163	163	10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 12
164	164	Law Article; 13
165	165
166	166	11. A violation of § 7–105 of the Criminal Law Article; 14
167	167
168	168	12. A violation of § 6–202 of the Criminal Law Article; [or] 15
169	169
170	170	13. A violation of § 10–606 of the Criminal Law Article; OR 16
171	171
172	172	14. A VIOLATION OF § 3–307 OF THE CRIMINAL LAW 17
173	173	ARTICLE. 18
174	174
175	175	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
176	176	October 1, 2025. 20