Maryland 2025 Regular Session

Maryland House Bill HB686 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 MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0686
6	6
7	7	HOUSE BILL 686
8	8	E2 5lr2301
9	9	CF SB 553
10	10	By: Delegates Solomon, Charkoudian, Ebersole, Fraser –Hidalgo, Kaufman,
11	11	R. Lewis, Martinez, Palakovich Carr, Pena–Melnyk, Ruff, Ruth, Shetty,
12	12	Taveras, Terrasa, Valderrama, Vogel, and Woorman
13	13	Introduced and read first time: January 24, 2025
14	14	Assigned to: Judiciary
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Victims and Witnesses – U Nonimmigrant Status – Certification of Victim 2
21	21	Helpfulness 3
22	22
23	23	FOR the purpose of altering the criteria for determining whether a certain victim or the 4
24	24	victim’s parent, guardian, or next friend shall be considered to be helpful, to have 5
25	25	been helpful, or likely to be helpful to the detection, investigation, or prosecution of 6
26	26	certain criminal activity for a certain purpose; altering the time periods within which 7
27	27	a certain certifying entity shall certify or decline a certain form under certain 8
28	28	circumstances; requiring a certifying entity to develop protocols to assist certain 9
29	29	petitioners to take certain actions; and generally relating to certification of victim 10
30	30	helpfulness for U Nonimmigrant Status. 11
31	31
32	32	BY repealing and reenacting, with amendments, 12
33	33	Article – Criminal Procedure 13
34	34	Section 11–931 14
35	35	Annotated Code of Maryland 15
36	36	(2018 Replacement Volume and 2024 Supplement) 16
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
39	39	That the Laws of Maryland read as follows: 18
40	40
41	41	Article – Criminal Procedure 19
42	42
43	43	11–931. 20
44	44
45	45	(a) For purposes of filing a petition with the United States Citizenship and 21
46	46	Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 22
47	47	guardian, or next friend may request a certifying official of a certifying entity to certify 23
48	48	victim helpfulness on a Form I–918, Supplement B certification if the victim: 24 2 HOUSE BILL 686
49	49
50	50
51	51
52	52	(1) was a victim of a qualifying criminal activity and has been helpful to 1
53	53	the certifying entity in the detection, investigation, or prosecution of that qualifying 2
54	54	criminal activity; 3
55	55
56	56	(2) was under the age of 16 years on the date that an act that constitutes 4
57	57	an element of qualifying criminal activity first occurred and the victim’s parent, guardian, 5
58	58	or next friend has been helpful to the certifying entity in the detection, investigation, or 6
59	59	prosecution of that qualifying criminal activity; or 7
60	60
61	61	(3) is incapacitated or incompetent and the victim’s parent, guardian, or 8
62	62	next friend has been helpful to the certifying entity in the detection, investigation, or 9
63	63	prosecution of that qualifying criminal activity. 10
64	64
65	65	(b) For purposes of determining helpfulness under subsection (a) of this section, 11
66	66	THERE IS A REBUTTABL E PRESUMPTION THAT if the victim or the victim’s parent, 12
67	67	guardian, or next friend [is assisting, has assisted, or is likely to assist law enforcement 13
68	68	authorities in the detection, investigation, or prosecution of qualifying criminal activity, 14
69	69	the victim or the victim’s parent, guardian, or next friend shall be considered to be helpful, 15
70	70	to have been helpful, or likely to be helpful] HAS NOT REFUSED OR F AILED TO PROVIDE 16
71	71	INFORMATION AND ASSI STANCE REASONABLY RE QUESTED BY LAW ENFOR CEMENT 17
72	72	AUTHORITIES, THE VICTIM OR THE VICTIM’S PARENT, GUARDIAN, OR NEXT FRIEND 18
73	73	SHALL BE CONSIDERED TO BE HELPFUL , TO HAVE BEEN HELPFUL, OR LIKELY TO BE 19
74	74	HELPFUL TO THE DETE CTION, INVESTIGATION , OR PROSECUTION OF TH E 20
75	75	QUALIFYING CRIMINAL ACTIVITY. 21
76	76
77	77	(c) If the victim or the victim’s parent, guardian, or next friend satisfies the 22
78	78	criteria specified under subsection (a) of this section, the certifying official shall fully 23
79	79	complete and sign the Form I–918, Supplement B certification and, with respect to victim 24
80	80	helpfulness, include: 25
81	81
82	82	(1) specific details about the nature of the crime investigated or prosecuted; 26
83	83
84	84	(2) a detailed description of the victim’s helpfulness or likely helpfulness to 27
85	85	the detection, investigation, or prosecution of the criminal activity; and 28
86	86
87	87	(3) copies of any documents in the possession of the certifying official that 29
88	88	evince the harm endured by the victim due to the criminal activity. 30
89	89
90	90	(d) (1) Except as provided in paragraph (2) of this subsection, the certifying 31
91	91	entity shall certify or decline certification of the Form I–918, Supplement B certification 32
92	92	within [90] 30 days after receiving a request under subsection (a) of this section. 33
93	93
94	94	(2) If a noncitizen victim is the subject of removal, exclusion, or deportation 34
95	95	proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 35 HOUSE BILL 686 3
96	96
97	97
98	98	entity shall certify or decline certification of the Form I–918, Supplement B certification 1
99	99	within [14] 7 days after receiving a request under subsection (a) of this section. 2
100	100
101	101	(e) A current investigation, the filing of charges, a prosecution, or a conviction is 3
102	102	not required for a victim or the victim’s parent, guardian, or next friend to request and 4
103	103	obtain the Form I–918, Supplement B certification under this section. 5
104	104
105	105	(f) A certifying official may withdraw the certification provided under this section 6
106	106	only on refusal to provide information and assistance when reasonably requested of: 7
107	107
108	108	(1) the victim; or 8
109	109
110	110	(2) the victim’s parent, guardian, or next friend if the victim was under the 9
111	111	age of 16 years on the date that an act that constitutes an element of qualifying criminal 10
112	112	activity first occurred or if the victim is incapacitated or incompetent. 11
113	113
114	114	(g) A certifying entity may disclose information relating to a victim who is seeking 12
115	115	or has obtained U Nonimmigrant Status only: 13
116	116
117	117	(1) in order to comply with federal law, court order, or a discovery 14
118	118	obligation in the prosecution of a criminal offense; or 15
119	119
120	120	(2) after adult petitioners for U Nonimmigrant Status or adult U 16
121	121	Nonimmigrant Status holders have provided written consent for the disclosure of the 17
122	122	information. 18
123	123
124	124	(h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 19
125	125	certifying official who acts or fails to act in good faith in compliance with this section has 20
126	126	the immunity from liability described under § 5–643 of the Courts Article. 21
127	127
128	128	(2) A person who brings an action to seek enforcement of this section may 22
129	129	not be awarded attorney’s fees or costs unless the action demonstrates willful or wanton 23
130	130	misconduct by a certifying entity or certifying official. 24
131	131
132	132	(I) A CERTIFYING ENTITY SH ALL DEVELOP PROTOCOL S TO ASSIST 25
133	133	PETITIONERS WHO HAVE LIMITED ENGLISH PROFICIENCY TO PROCEED UNDER THI S 26
134	134	SECTION. 27
135	135
136	136	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
137	137	October 1, 2025. 29