EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0549*
SENATE BILL 549
D3 5lr1454
CF HB 629
By: Senators Love, West, Gile, Jackson, Kagan, Hester, and King
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Immunity – Disclosure of Allegations of Sexually Assaultive 2
Behavior 3
(Stop Silencing Survivors Act) 4
FOR the purpose of establishing that a person who in good faith discloses information about 5
allegations of sexually assaultive behavior may not be held liable for the disclosure; 6
requiring a court to award attorney’s fees and costs in certain circumstances; and 7
generally relating to immunity from liability for disclosure of allegations of sexually 8
assaultive behavior. 9
BY adding to 10
Article – Courts and Judicial Proceedings 11
Section 5–809 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Courts and Judicial Proceedings 16
Section 10–923(a) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Courts and Judicial Proceedings 22
5–809. 23
2 SENATE BILL 549
(A) IN THIS SECTION , “SEXUALLY ASSAULTIVE BEHAVIOR” HAS THE 1
MEANING STATED IN § 10–923 OF THIS ARTICLE. 2
(B) A PERSON ACTING IN GOO D FAITH MAY NOT BE H ELD LIABLE FOR 3
DISCLOSING ANY INFOR MATION ABOUT ALLEGAT IONS OF SEXUALLY ASSAULTIVE 4
BEHAVIOR TO ANOTHER PERSON . 5
(C) A PERSON WHO DISCLOSES INFORMATION UNDER SU BSECTION (B) OF 6
THIS SECTION SHALL B E PRESUMED TO HAVE ACTED IN GOOD FAITH UNLESS IT IS 7
SHOWN BY CLEAR AND C ONVINCING EVIDENCE T HAT THE PERSON : 8
(1) ACTED WITH ACTUAL MALICE T OWARD THE PERSON ALLEGED T O 9
HAVE COMMITTED SEXUA LLY ASSAULTIVE BEHAV IOR; OR 10
(2) INTENTIONALLY OR RECK LESSLY DISCLOSED FAL SE 11
INFORMATION ABOUT TH E PERSON ALLEGED TO HAVE COMMITTED SEXUA LLY 12
ASSAULTIVE BEHAVIOR . 13
(D) THE COURT SHALL AW ARD REASONABLE ATTORNEY ’S FEES AND COSTS 14
TO A PERSON WHO SUCC ESSFULLY DEFENDS A CLAIM THAT THE PERSON DID NOT 15
ACT IN GOOD FAITH IN DIS CLOSING INFORMATION ABOUT AL LEGATIONS OF 16
SEXUALLY ASSAULTIVE BEHAVIOR, UNLESS THE PARTY FRO M WHOM THE FEES AND 17
COSTS ARE SOUGHT ESTABLISHES T HAT THE AWARD WOULD BE CLEARLY 18
INAPPROPRIATE . 19
10–923. 20
(a) In this section, “sexually assaultive behavior” means an act that would 21
constitute: 22
(1) A sexual crime under Title 3, Subtitle 3 of the Criminal Law Article; 23
(2) Sexual abuse of a minor under § 3–602 of the Criminal Law Article; 24
(3) Sexual abuse of a vulnerable adult under § 3–604 of the Criminal Law 25
Article; 26
(4) A violation of 18 U.S.C. Chapter 109A; or 27
(5) A violation of a law of another state, the United States, or a foreign 28
country that is equivalent to an offense under item (1), (2), (3), or (4) of this subsection. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2025. 31