Maryland 2025 Regular Session

Maryland House Bill HB638 Latest Draft

Bill / Introduced Version Filed 01/23/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0638*  
  
HOUSE BILL 638 
E2, E3   	5lr0736 
      
By: Delegates Grammer and Arikan 
Introduced and read first time: January 23, 2025 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Juveniles – Sexual Offenses – Registration and Reporting Requirements 2 
 
FOR the purpose of requiring a person who has been adjudicated delinquent for an act that, 3 
if committed by an adult, would constitute a certain sexual offense to register as a 4 
juvenile sex offender; requiring a juvenile registrant to remain on the juvenile sex 5 
offender registry until the registrant reaches a certain age under certain 6 
circumstances; expanding the definition of “reportable offense” to include certain 7 
sexual offenses in provisions of law requiring law enforcement agencies and State’s 8 
Attorneys to notify schools when a child is arrested for certain offenses; and generally 9 
relating to juveniles and sexual offenses.  10 
 
BY repealing and reenacting, with amendments, 11 
 Article – Criminal Procedure 12 
Section 11–704(c)(1) and 11–704.1 13 
 Annotated Code of Maryland 14 
 (2018 Replacement Volume and 2024 Supplement) 15 
 
BY repealing and reenacting, without amendments, 16 
 Article – Education 17 
Section 7–303(a)(1) 18 
 Annotated Code of Maryland 19 
 (2022 Replacement Volume and 2024 Supplement) 20 
 
BY repealing and reenacting, with amendments, 21 
 Article – Education 22 
Section 7–303(a)(6) 23 
 Annotated Code of Maryland 24 
 (2022 Replacement Volume and 2024 Supplement) 25 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 
That the Laws of Maryland read as follows: 27  2 	HOUSE BILL 638  
 
 
 
Article – Criminal Procedure 1 
 
11–704. 2 
 
 (c) (1) A person who has been adjudicated delinquent for an act that, if 3 
committed by an adult, would constitute a violation of § 3–303 or § 3–304 of the Criminal 4 
Law Article, § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before 5 
October 1, 2017, or [§ 3–307(a)(1) or (2)] § 3–307 or § 3–308(b)(1) of the Criminal Law 6 
Article [involving conduct described in § 3–301(e)(2) of the Criminal Law Article], shall 7 
register with the person’s supervising authority if: 8 
 
 (i) the person was a minor who was at least 13 years old at the time 9 
the delinquent act was committed; 10 
 
 (ii) the State’s Attorney or the Department of Juvenile Services 11 
requests that the person be required to register; 12 
 
 (iii) 90 days prior to the time the juvenile court’s jurisdiction over the 13 
person terminates under § 3–8A–07 of the Courts Article, the court, after a hearing, 14 
determines under a clear and convincing evidence standard that the person is at significant 15 
risk of committing a sexually violent offense or an offense for which registration as a tier II 16 
sex offender or tier III sex offender is required; and 17 
 
 (iv) the person is at least 18 years old. 18 
 
11–704.1. 19 
 
 (a) In this section, “juvenile registrant” means a person who is required to be 20 
included in the registry of juvenile sex offenders under subsection (b) of this section. 21 
 
 (b) A person shall be included in a registry of juvenile sex offenders that is 22 
maintained by the Department separately from the sex offender registry if: 23 
 
 (1) the person has been adjudicated delinquent for an act that, if committed 24 
by an adult: 25 
 
 (i) would constitute a violation of § 3–303, § 3–304, or [§ 3–307(a)(1) 26 
or (2)] § 3–307 of the Criminal Law Article; or 27 
 
 (ii) would constitute a violation of § 3–305 or § 3–306(a)(1) or (2) of 28 
the Criminal Law Article as the sections existed before October 1, 2017; and 29 
 
 (2) the person was a minor who was at least 14 years old at the time the 30 
delinquent act was committed. 31 
   	HOUSE BILL 638 	3 
 
 
 (c) The registry of juvenile sex offenders shall be accessible only by law 1 
enforcement personnel for law enforcement purposes. 2 
 
 (d) (1) [When] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 3 
SUBSECTION, WHEN the juvenile court’s jurisdiction over a juvenile registrant terminates 4 
under § 3–8A–07 of the Courts Article, the juvenile registrant shall be removed from the 5 
registry. 6 
 
 (2) IF A JUVENILE COURT ’S JURISDICTION OVER A JUVENILE 7 
REGISTRANT TERMINATE S BEFORE THE JUVENIL E REGISTRANT REACHES 21 YEARS 8 
OF AGE, THE JUVENILE REGISTRANT SHALL REMAIN ON THE REGISTRY UNTIL THE 9 
REGISTRANT REACHES 21 YEARS OF AGE. 10 
 
 (e) A juvenile registrant shall appear in person at a location designated by the 11 
Department of Juvenile Services every 3 months to: 12 
 
 (1) update and verify with the Department of Juvenile Services the 13 
information included in the registry of juvenile sex offenders under this section; and 14 
 
 (2) allow the Department of Juvenile Services to take a digital image of the 15 
juvenile registrant. 16 
 
Article – Education 17 
 
7–303. 18 
 
 (a) (1) In this section the following words have the meanings indicated. 19 
 
 (6) “Reportable offense” means an offense that: 20 
 
 (i) Occurred off school premises; 21 
 
 (ii) Did not occur at an event sponsored by the school; and 22 
 
 (iii) Involved any of the following: 23 
 
 1. A crime of violence, as defined in § 14–101 of the Criminal 24 
Law Article; 25 
 
 2. Any of the offenses enumerated in [§ 3–8A–03(e)(4)] §  26 
3–8A–03(D)(4) of the Courts Article; 27 
 
 3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the 28 
Criminal Law Article; 29 
  4 	HOUSE BILL 638  
 
 
 4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, 1 
§ 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, 2 
or § 5–628 of the Criminal Law Article; 3 
 
 5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal 4 
Law Article; 5 
 
 6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the 6 
Criminal Law Article; 7 
 
 7. A violation of § 9–802 or § 9–803 of the Criminal Law 8 
Article; 9 
 
 8. A violation of § 3–203 of the Criminal Law Article; 10 
 
 9. A violation of § 6–301 of the Criminal Law Article; 11 
 
 10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal 12 
Law Article; 13 
 
 11. A violation of § 7–105 of the Criminal Law Article; 14 
 
 12. A violation of § 6–202 of the Criminal Law Article; [or] 15 
 
 13. A violation of § 10–606 of the Criminal Law Article; OR 16 
 
 14. A VIOLATION OF § 3–307 OF THE CRIMINAL LAW 17 
ARTICLE. 18 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 
October 1, 2025. 20