EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0675*
HOUSE BILL 675
J1, E4 5lr2435
CF 5lr2433
By: Delegates Bartlett, D. Jones, and Shetty
Introduced and read first time: January 24, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Rape Kit Testing Grant Fund – Alterations 2
FOR the purpose of altering the purpose and use of the Rape Kit Testing Grant Fund; 3
expanding the duties of the Executive Director of the Governor’s Office of Crime 4
Prevention and Policy relating to the Fund; prohibiting the use of the Fund for the 5
Sexual Assault Evidence Kit Tracking System; and generally relating to the Rape 6
Kit Testing Grant Fund. 7
BY repealing and reenacting, with amendments, 8
Article – Public Safety 9
Section 4–401 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Public Safety 15
4–401. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) “Forensic laboratory” means a facility, an entity, or a site that offers or 18
performs forensic analysis and is owned or operated by the State, a county or municipal 19
corporation in the State, or another governmental entity. 20
(3) “Fund” means the Rape Kit Testing Grant Fund. 21
(4) “Law enforcement agency” means the Department of State Police or a 22
police department of a county or municipal corporation in the State. 23 2 HOUSE BILL 675
(b) There is a Rape Kit Testing Grant Fund. 1
(c) The purpose of the Fund is to: 2
(1) provide law enforcement agencies with funding to pay for testing of 3
sexual assault evidence collection kits by forensic laboratories; 4
(2) PROVIDE THE OFFICE OF THE ATTORNEY GENERAL WITH 5
FUNDING TO ASSIST LA W ENFORCEMENT AGENCY INVESTIGATIONS OF CR IMES 6
INVOLVING SEXUAL ASS AULT EVIDENCE COLLEC TION KITS THAT WERE COLLECTED 7
BEFORE OCTOBER 1, 2020, AND HAVE NOT BEEN TE STED; 8
(3) PROVIDE THE FEDERALL Y RECOGNIZED STATE SEXUAL ASSAULT 9
COALITION WITH FUNDI NG FOR A STATEWIDE S EXUAL ASSAULT VICTIM 10
NOTIFICATION HOTLINE AND RELATED PERSONNE L TO PROVIDE VICTIMS OF 11
SEXUAL ASSAULT WITH : 12
(I) ADVOCACY; 13
(II) SUPPORT; 14
(III) INFORMATION ABOUT UN TESTED RAPE KITS ; 15
(IV) INFORMATION ABOUT NAVIG ATING THE SEXUAL ASS AULT 16
EVIDENCE KIT TRACKIN G SYSTEM ESTABLISHED UNDER § 11–926.1 OF THE 17
CRIMINAL PROCEDURE ARTICLE; AND 18
(V) VICTIMS’ RIGHTS INFORMATION ; AND 19
(4) PROVIDE SUPPORT TO P EER–TO–PEER TELEHEALTH PROG RAMS 20
AS DEFINED IN § 11–1007 OF THE CRIMINAL PROCEDURE ARTICLE. 21
(d) The Executive Director of the Governor’s Office of Crime Prevention and 22
Policy shall: 23
(1) administer the Fund; 24
(2) establish and publish procedures for the distribution of funding to law 25
enforcement agencies; 26
(3) ensure each jurisdiction in the State that has a forensic laboratory is 27
able to access the Fund; 28
HOUSE BILL 675 3
(4) consider the number of sexual assault incidents that were investigated 1
by a law enforcement agency in the prior fiscal year when distributing funding; [and] 2
(5) (I) ENSURE THAT FUNDS AR E DISTRIBUTED IN ACC ORDANCE 3
WITH SUBSECTION (C)(2) AND (3) OF THIS SECTION EACH FISCAL YEAR UNTIL AL L 4
SEXUAL ASSAULT EVIDE NCE COLLECTION KITS COLLECTED BEFORE OCTOBER 1, 5
2020, HAVE BEEN TESTED , OR IT HAS BEEN DETERMINED THAT TESTING IS NOT 6
REQUIRED UNDER § 11–926 OF THE CRIMINAL PROCEDURE ARTICLE; AND 7
(II) UNLESS THE APPROPRIA TION TO THE FUND IS REDUCED OR 8
FUNDING HAS BEEN AWA RDED FROM THE NATIONAL SEXUAL ASSAULT KIT 9
INITIATIVE FOR THE SA ME PURPOSE , ENSURE THAT FUNDS DI STRIBUTED UNDER 10
THIS PARAGRAPH ARE N OT LESS THAN THE AMO UNT DISTRIBUTED FOR THE PRIOR 11
FISCAL YEAR; AND 12
(6) submit a report with information on the distribution of funding to the 13
General Assembly, in accordance with § 2–1257 of the State Government Article, before 14
September 1 each year. 15
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 16
the State Finance and Procurement Article. 17
(2) The State Treasurer shall hold the Fund separately, and the 18
Comptroller shall account for the Fund. 19
(f) The Fund consists of: 20
(1) money appropriated in the State budget to the Fund; 21
(2) any interest earnings of the Fund; and 22
(3) any other money from any other source accepted for the benefit of the 23
Fund. 24
(g) (1) The Fund may be used only for [equipment, supplies, personnel, and 25
outsourcing necessary for the testing of sexual assault evidence collection kits in forensic 26
laboratories] THE PURPOSES STATED IN SUBSECTION (C) OF THIS SECTION . 27
(2) Subject to paragraph (1) of this subsection, the Fund may be used for 28
equipment, supplies, personnel, and outsourcing necessary for the testing of sexual assault 29
evidence collection kits collected before or after the establishment of the Fund. 30
(3) THE FUND MAY NOT BE USED TO SUPPORT THE SEXUA L ASSAULT 31
EVIDENCE KIT TRACKIN G SYSTEM ESTABLISHED UNDER § 11–926.1 OF THE 32
CRIMINAL PROCEDURE ARTICLE. 33 4 HOUSE BILL 675
(h) (1) The State Treasurer shall invest the money of the Fund in the same 1
manner as other State money may be invested. 2
(2) Any interest earnings of the Fund, including interest earnings under 3
subsection (f) of this section, shall be credited to the Fund. 4
(i) Expenditures from the Fund may be made only in accordance with the State 5
budget. 6
(j) Money expended from the Fund for testing of sexual assault evidence 7
collection kits is supplemental to and is not intended to take the place of funding that 8
otherwise would be appropriated for [testing of sexual assault evidence collection kits] THE 9
PURPOSES OF THE FUND STATED IN SUBSEC TION (C) OF THIS SECTION . 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12