Maryland 2025 Regular Session

Maryland House Bill HB675 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0675
9	6
10	7		HOUSE BILL 675
11	8		J1, E4 5lr2435
12		-	CF SB 669
13		-	By: Delegates Bartlett, D. Jones, and Shetty Shetty, Crutchfield, Cardin,
14		-	Tomlinson, Pasteur, Simmons, Phillips, Stinnett, Arikan, Simpson,
15		-	Conaway, Kaufman, and Williams
	9	+	CF 5lr2433
	10	+	By: Delegates Bartlett, D. Jones, and Shetty
16	11		Introduced and read first time: January 24, 2025
17	12		Assigned to: Judiciary
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: February 27, 2025
21	13
22		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
23	15
24	16		AN ACT concerning 1
25	17
26		-	Public Safety – Rape Kit Testing – Tracking Program and Grant Fund – 2
27		-	Alterations 3
	18	+	Public Safety – Rape Kit Testing Grant Fund – Alterations 2
28	19
29		-	FOR the purpose of altering the date by which a certain report under a certain sexual 4
30		-	assault evidence collection kit tracking program is required to be submitted; altering 5
31		-	the purpose and use of the Rape Kit Testing Grant Fund; expanding the duties of the 6
32		-	Executive Director of the Governor’s Office of Crime Prevention and Policy relating 7
33		-	to the Fund; prohibiting the use of the Fund for the Sexual Assault Evidence Kit 8
34		-	Tracking System a certain sexual assault evidence collection kit tracking program; 9
35		-	and generally relating to the Rape Kit Testing Grant Fund rape kit testing. 10
	20	+	FOR the purpose of altering the purpose and use of the Rape Kit Testing Grant Fund; 3
	21	+	expanding the duties of the Executive Director of the Governor’s Office of Crime 4
	22	+	Prevention and Policy relating to the Fund; prohibiting the use of the Fund for the 5
	23	+	Sexual Assault Evidence Kit Tracking System; and generally relating to the Rape 6
	24	+	Kit Testing Grant Fund. 7
36	25
37		-	BY repealing and reenacting, with amendments, 11
38		-	Article – ~~Criminal Procedure 12~~
39		-	Section 11–~~926.1(b)(2) 13~~
40		-	Annotated Code of Maryland 14
41		-	(~~2018~~ Replacement Volume and 2024 Supplement) 15
	26	+	BY repealing and reenacting, with amendments, 8
	27	+	Article – Public Safety 9
	28	+	Section 4–401 10
	29	+	Annotated Code of Maryland 11
	30	+	(2022 Replacement Volume and 2024 Supplement) 12
42	31
43		-	BY repealing and reenacting, with amendments, 16
44		-	Article – Public Safety 17
45		-	Section 4–401 18
46		-	Annotated Code of Maryland 19
47		-	(2022 Replacement Volume and 2024 Supplement) 20
48		-	2 HOUSE BILL 675
	32	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
	33	+	That the Laws of Maryland read as follows: 14
49	34
	35	+	Article – Public Safety 15
50	36
51		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52		-	That the Laws of Maryland read as follows: 2
	37	+	4–401. 16
53	38
54		-	~~Article – Criminal Procedure 3~~
	39	+	(a) (1) In this section the following words have the meanings indicated. 17
55	40
56		-	11–926.1. 4
	41	+	(2) “Forensic laboratory” means a facility, an entity, or a site that offers or 18
	42	+	performs forensic analysis and is owned or operated by the State, a county or municipal 19
	43	+	corporation in the State, or another governmental entity. 20
57	44
58		-	(b) (2) A law enforcement agency or a person, including a health care provider, 5
59		-	forensic laboratory, or State’s Attorney, that had control or possession of a sexual assault 6
60		-	evidence collection kit before October 1, 2023, and has control or possession of the sexual 7
61		-	assault evidence collection kit on or after October 1, 2023, shall report location, status, and 8
62		-	chain of custody information to the reporting program established under this section on or 9
63		-	before [December 31, 2025] MARCH 31, 2026. 10
	45	+	(3) “Fund” means the Rape Kit Testing Grant Fund. 21
64	46
65		-	Article – Public Safety 11
66		-
67		-	4–401. 12
68		-
69		-	(a) (1) In this section the following words have the meanings indicated. 13
70		-
71		-	(2) “Forensic laboratory” means a facility, an entity, or a site that offers or 14
72		-	performs forensic analysis and is owned or operated by the State, a county or municipal 15
73		-	corporation in the State, or another governmental entity. 16
74		-
75		-	(3) “Fund” means the Rape Kit Testing Grant Fund. 17
76		-
77		-	(4) “Law enforcement agency” means the Department of State Police or a 18
78		-	police department of a county or municipal corporation in the State. 19
79		-
80		-	(b) There is a Rape Kit Testing Grant Fund. 20
81		-
82		-	(c) The purpose of the Fund is to PROVIDE FUNDING TO : 21
83		-
84		-	(1) provide law enforcement agencies with funding to pay for testing of 22
85		-	sexual assault evidence collection kits by forensic laboratories, INCLUDING EQUIPMENT, 23
86		-	SUPPLIES, PERSONNEL, AND OUTSOURCING ; 24
87		-
88		-	(2) PROVIDE THE OFFICE OF THE ATTORNEY GENERAL WITH 25
89		-	FUNDING TO ASSIST LAW ENFORC EMENT AGENCY INVESTI GATIONS OF CRIMES 26
90		-	INVOLVING SEXUAL ASS AULT EVIDENCE COLLEC TION KITS THAT WERE COLLECTED 27
91		-	BEFORE OCTOBER 1, 2020, AND HAVE NOT BEEN TE STED; 28
92		-
93		-	(3) PROVIDE THE FEDERALLY RECOGN IZED STATE SEXUAL ASSAULT 29
94		-	COALITION WITH FUNDING FOR A STATEWIDE SEXU AL ASSAULT VICTIM 30
95		-	NOTIFICATION HOTLINE AND RELATED PERSONNE L TO PROVIDE VICTIMS OF 31
96		-	SEXUAL ASSAULT WITH : 32 HOUSE BILL 675 3
	47	+	(4) “Law enforcement agency” means the Department of State Police or a 22
	48	+	police department of a county or municipal corporation in the State. 23 2 HOUSE BILL 675
97	49
98	50
99	51
100		-	(I) ~~ADVOCACY;~~ 1
	52	+	(b) There is a Rape Kit Testing Grant Fund. 1
101	53
102		-	(II) ~~SUPPORT;~~ 2
	54	+	(c) The purpose of the Fund is to: 2
103	55
104		-	(III) INFORMATION ABOUT UN TESTED RAPE KITS ; 3
	56	+	(1) provide law enforcement agencies with funding to pay for testing of 3
	57	+	sexual assault evidence collection kits by forensic laboratories; 4
105	58
106		-	(IV) INFORMATION ABOUT NA VIGATING THE SEXUAL ASSAULT 4
107		-	EVIDENCE KIT TRACKIN G SYSTEM ESTABLISHED UNDER § 11–926.1 OF THE 5
108		-	CRIMINAL PROCEDURE ARTICLE; AND 6
	59	+	(2) PROVIDE THE OFFICE OF THE ATTORNEY GENERAL WITH 5
	60	+	FUNDING TO ASSIST LA W ENFORCEMENT AGENCY INVESTIGATIONS OF CR IMES 6
	61	+	INVOLVING SEXUAL ASS AULT EVIDENCE COLLEC TION KITS THAT WERE COLLECTED 7
	62	+	BEFORE OCTOBER 1, 2020, AND HAVE NOT BEEN TE STED; 8
109	63
110		-	(V) VICTIMS’ RIGHTS INFORMA TION; AND 7
	64	+	(3) PROVIDE THE FEDERALL Y RECOGNIZED STATE SEXUAL ASSAULT 9
	65	+	COALITION WITH FUNDI NG FOR A STATEWIDE S EXUAL ASSAULT VICTIM 10
	66	+	NOTIFICATION HOTLINE AND RELATED PERSONNE L TO PROVIDE VICTIMS OF 11
	67	+	SEXUAL ASSAULT WITH : 12
111	68
112		-	(4) PROVIDE SUPPORT TO PEER–TO–PEER TELEHEALTH PROG RAMS 8
113		-	AS DEFINED IN § 11–1007 OF THE CRIMINAL PROCEDURE ARTICLE. 9
	69	+	(I) ADVOCACY; 13
114	70
115		-	(d) The Executive Director of the Governor’s Office of Crime Prevention and 10
116		-	Policy shall: 11
	71	+	(II) SUPPORT; 14
117	72
118		-	(1) ~~administer the Fund~~; 12
	73	+	(III) INFORMATION ABOUT UN TESTED RAPE KITS ; 15
119	74
120		-	(2) establish and publish procedures for the distribution of funding to law 13
121		-	enforcement agencies; 14
	75	+	(IV) INFORMATION ABOUT NAVIG ATING THE SEXUAL ASS AULT 16
	76	+	EVIDENCE KIT TRACKIN G SYSTEM ESTABLISHED UNDER § 11–926.1 OF THE 17
	77	+	CRIMINAL PROCEDURE ARTICLE; AND 18
122	78
123		-	(3) ensure each jurisdiction in the State that has a forensic laboratory is 15
124		-	able to access the Fund; 16
	79	+	(V) VICTIMS’ RIGHTS INFORMATION ; AND 19
125	80
126		-	(4) ~~consider the number of sexual assault incidents that were investigated 17~~
127		-	~~by a law enforcement agency~~ in the ~~prior fiscal year when distributing funding; [and] 18~~
	81	+	(4) PROVIDE SUPPORT TO P EER–TO–PEER TELEHEALTH PROG RAMS 20
	82	+	AS DEFINED IN § 11–1007 OF THE CRIMINAL PROCEDURE ARTICLE. 21
128	83
129		-	(5) (I) ENSURE THAT FUNDS AR E DISTRIBUTED IN ACC ORDANCE 19
130		-	WITH SUBSECTION (C)(2) AND (3) OF THIS SECTION EACH FISCAL Y EAR UNTIL ALL 20
131		-	SEXUAL ASSAULT EVIDE NCE COLLECTION KITS COLLECTED BEFORE OCTOBER 1, 21
132		-	2020, HAVE BEEN TESTED , OR IT HAS BEEN DETER MINED THAT TESTING I S NOT 22
133		-	REQUIRED UNDER § 11–926 OF THE CRIMINAL PROCEDURE ARTICLE; AND 23
	84	+	(d) The Executive Director of the Governor’s Office of Crime Prevention and 22
	85	+	Policy shall: 23
134	86
135		-	(II) UNLESS THE A PPROPRIATION TO THE FUND IS REDUCED OR 24
136		-	FUNDING HAS BEEN AWA RDED FROM THE NATIONAL SEXUAL ASSAULT KIT 25
137		-	INITIATIVE FOR THE SA ME PURPOSE , ENSURE THAT FUNDS DI STRIBUTED UNDER 26
138		-	THIS PARAGRAPH ARE N OT LESS THAN THE AMO UNT DISTRIBUTED FOR THE PRIOR 27
139		-	FISCAL YEAR; AND 28
	87	+	(1) administer the Fund; 24
140	88
141		-	(6) submit a report with information on the distribution of funding to the 29
142		-	General Assembly, in accordance with § 2–1257 of the State Government Article, before 30
143		-	September 1 each year. 31 4 HOUSE BILL 675
	89	+	(2) establish and publish procedures for the distribution of funding to law 25
	90	+	enforcement agencies; 26
	91	+
	92	+	(3) ensure each jurisdiction in the State that has a forensic laboratory is 27
	93	+	able to access the Fund; 28
	94	+	HOUSE BILL 675 3
	95	+
	96	+
	97	+	(4) consider the number of sexual assault incidents that were investigated 1
	98	+	by a law enforcement agency in the prior fiscal year when distributing funding; [and] 2
	99	+
	100	+	(5) (I) ENSURE THAT FUNDS AR E DISTRIBUTED IN ACC ORDANCE 3
	101	+	WITH SUBSECTION (C)(2) AND (3) OF THIS SECTION EACH FISCAL YEAR UNTIL AL L 4
	102	+	SEXUAL ASSAULT EVIDE NCE COLLECTION KITS COLLECTED BEFORE OCTOBER 1, 5
	103	+	2020, HAVE BEEN TESTED , OR IT HAS BEEN DETERMINED THAT TESTING IS NOT 6
	104	+	REQUIRED UNDER § 11–926 OF THE CRIMINAL PROCEDURE ARTICLE; AND 7
	105	+
	106	+	(II) UNLESS THE APPROPRIA TION TO THE FUND IS REDUCED OR 8
	107	+	FUNDING HAS BEEN AWA RDED FROM THE NATIONAL SEXUAL ASSAULT KIT 9
	108	+	INITIATIVE FOR THE SA ME PURPOSE , ENSURE THAT FUNDS DI STRIBUTED UNDER 10
	109	+	THIS PARAGRAPH ARE N OT LESS THAN THE AMO UNT DISTRIBUTED FOR THE PRIOR 11
	110	+	FISCAL YEAR; AND 12
	111	+
	112	+	(6) submit a report with information on the distribution of funding to the 13
	113	+	General Assembly, in accordance with § 2–1257 of the State Government Article, before 14
	114	+	September 1 each year. 15
	115	+
	116	+	(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 16
	117	+	the State Finance and Procurement Article. 17
	118	+
	119	+	(2) The State Treasurer shall hold the Fund separately, and the 18
	120	+	Comptroller shall account for the Fund. 19
	121	+
	122	+	(f) The Fund consists of: 20
	123	+
	124	+	(1) money appropriated in the State budget to the Fund; 21
	125	+
	126	+	(2) any interest earnings of the Fund; and 22
	127	+
	128	+	(3) any other money from any other source accepted for the benefit of the 23
	129	+	Fund. 24
	130	+
	131	+	(g) (1) The Fund may be used only for [equipment, supplies, personnel, and 25
	132	+	outsourcing necessary for the testing of sexual assault evidence collection kits in forensic 26
	133	+	laboratories] THE PURPOSES STATED IN SUBSECTION (C) OF THIS SECTION . 27
	134	+
	135	+	(2) Subject to paragraph (1) of this subsection, the Fund may be used for 28
	136	+	equipment, supplies, personnel, and outsourcing necessary for the testing of sexual assault 29
	137	+	evidence collection kits collected before or after the establishment of the Fund. 30
	138	+
	139	+	(3) THE FUND MAY NOT BE USED TO SUPPORT THE SEXUA L ASSAULT 31
	140	+	EVIDENCE KIT TRACKIN G SYSTEM ESTABLISHED UNDER § 11–926.1 OF THE 32
	141	+	CRIMINAL PROCEDURE ARTICLE. 33 4 HOUSE BILL 675
144	142
145	143
146	144
147		-	(e) (1) The ~~Fund is a special,~~ ~~nonlapsing~~ fund ~~that is not subject to § 7–302 of~~ 1
148		-	~~the~~ State ~~Finance and Procurement Article~~. 2
	145	+	(h) (1) The State Treasurer shall invest the money of the Fund in the same 1
	146	+	manner as other State money may be invested. 2
149	147
150		-	(2) ~~The State Treasurer shall hold~~ the Fund ~~separately~~, ~~and the~~ 3
151		-	~~Comptroller~~ shall ~~account for~~ the Fund. 4
	148	+	(2) Any interest earnings of the Fund, including interest earnings under 3
	149	+	subsection (f) of this section, shall be credited to the Fund. 4
152	150
153		-	(f) The Fund consists of: 5
	151	+	(i) Expenditures from the Fund may be made only in accordance with the State 5
	152	+	budget. 6
154	153
155		-	(1) money appropriated in the State budget to the Fund; 6
	154	+	(j) Money expended from the Fund for testing of sexual assault evidence 7
	155	+	collection kits is supplemental to and is not intended to take the place of funding that 8
	156	+	otherwise would be appropriated for [testing of sexual assault evidence collection kits] THE 9
	157	+	PURPOSES OF THE FUND STATED IN SUBSEC TION (C) OF THIS SECTION . 10
156	158
157		-	(2) any interest earnings of the Fund; and 7
	159	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
	160	+	October 1, 2025. 12
158	161
159		-	(3) any other money from any other source accepted for the benefit of the 8
160		-	Fund. 9
161		-
162		-	(g) (1) The Fund may be used only for [equipment, supplies, personnel, and 10
163		-	outsourcing necessary for the testing of sexual assault evidence collection kits in forensic 11
164		-	laboratories] THE PURPOSES STATED IN SUBSECTION (C) OF THIS SECTION . 12
165		-
166		-	(2) Subject to paragraph (1) of this subsection, the Fund may be used for 13
167		-	equipment, supplies, personnel, and outsourcing necessary for the testing of sexual assault 14
168		-	evidence collection kits collected before or after the establishment of the Fund. 15
169		-
170		-	(3) THE FUND MAY NOT BE USED TO SUPPORT THE SEXUA L ASSAULT 16
171		-	EVIDENCE COLLECTION KIT TRACKING SYSTEM PROGRAM ESTABLISHED UNDER § 17
172		-	11–926.1 OF THE CRIMINAL PROCEDURE ARTICLE. 18
173		-
174		-	(h) (1) The State Treasurer shall invest the money of the Fund in the same 19
175		-	manner as other State money may be invested. 20
176		-
177		-	(2) Any interest earnings of the Fund, including interest earnings under 21
178		-	subsection (f) of this section, shall be credited to the Fund. 22
179		-
180		-	(i) (1) Expenditures from the Fund may be made only in accordance with the 23
181		-	State budget. 24
182		-
183		-	(2) THE EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF 25
184		-	CRIME PREVENTION AND POLICY MAY MAKE A GRANT FROM THE FUND FOR A 26
185		-	PERIOD OF UP TO 36 MONTHS. 27
186		-
187		-	(j) Money expended from the Fund for testing of sexual assault evidence 28
188		-	collection kits is supplemental to and is not intended to take the place of funding that 29
189		-	otherwise would be appropriated for [testing of sexual assault evidence collection kits] THE 30
190		-	PURPOSES OF THE FUND AS STATED IN SUBSECTION (C) OF THIS SECTION . 31
191		-	HOUSE BILL 675 5
192		-
193		-
194		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
195		-	October 1, 2025. 2
196		-
197		-
198		-
199		-
200		-
201		-	Approved:
202		-	________________________________________________________________________________
203		-	Governor.
204		-	________________________________________________________________________________
205		-	Speaker of the House of Delegates.
206		-	________________________________________________________________________________
207		-	President of the Senate.