EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0553*
SENATE BILL 553
E2 5lr2385
CF HB 686
By: Senator Augustine
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Victims and Witnesses – U Nonimmigrant Status – Certification of Victim 2
Helpfulness 3
FOR the purpose of altering the criteria for determining whether a certain victim or the 4
victim’s parent, guardian, or next friend shall be considered to be helpful, to have 5
been helpful, or likely to be helpful to the detection, investigation, or prosecution of 6
certain criminal activity for a certain purpose; altering the time periods within which 7
a certain certifying entity shall certify or decline a certain form under certain 8
circumstances; requiring a certifying entity to develop protocols to assist certain 9
petitioners to take certain actions; and generally relating to certification of victim 10
helpfulness for U Nonimmigrant Status. 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Procedure 13
Section 11–931 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Criminal Procedure 19
11–931. 20
(a) For purposes of filing a petition with the United States Citizenship and 21
Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 22
guardian, or next friend may request a certifying official of a certifying entity to certify 23
victim helpfulness on a Form I–918, Supplement B certification if the victim: 24
2 SENATE BILL 553
(1) was a victim of a qualifying criminal activity and has been helpful to 1
the certifying entity in the detection, investigation, or prosecution of that qualifying 2
criminal activity; 3
(2) was under the age of 16 years on the date that an act that constitutes 4
an element of qualifying criminal activity first occurred and the victim’s parent, guardian, 5
or next friend has been helpful to the certifying entity in the detection, investigation, or 6
prosecution of that qualifying criminal activity; or 7
(3) is incapacitated or incompetent and the victim’s parent, guardian, or 8
next friend has been helpful to the certifying entity in the detection, investigation, or 9
prosecution of that qualifying criminal activity. 10
(b) For purposes of determining helpfulness under subsection (a) of this section, 11
THERE IS A REBUTTABL E PRESUMPTION THAT if the victim or the victim’s parent, 12
guardian, or next friend [is assisting, has assisted, or is likely to assist law enforcement 13
authorities in the detection, investigation, or prosecution of qualifying criminal activity, 14
the victim or the victim’s parent, guardian, or next friend shall be considered to be helpful, 15
to have been helpful, or likely to be helpful] HAS NOT REFUSED OR F AILED TO PROVIDE 16
INFORMATION AND ASSI STANCE REASONABLY RE QUESTED BY LAW ENFOR CEMENT 17
AUTHORITIES, THE VICTIM OR THE VI CTIM’S PARENT, GUARDIAN, OR NEXT FRIEND 18
SHALL BE CONSIDERED TO BE HELPFUL, TO HAVE BEEN HELPFUL , OR LIKELY TO BE 19
HELPFUL TO THE DETEC TION, INVESTIGATION , OR PROSECUTION OF TH E 20
QUALIFYING CRIMINAL ACTIVITY. 21
(c) If the victim or the victim’s parent, guardian, or next friend satisfies the 22
criteria specified under subsection (a) of this section, the certifying official shall fully 23
complete and sign the Form I–918, Supplement B certification and, with respect to victim 24
helpfulness, include: 25
(1) specific details about the nature of the crime investigated or prosecuted; 26
(2) a detailed description of the victim’s helpfulness or likely helpfulness to 27
the detection, investigation, or prosecution of the criminal activity; and 28
(3) copies of any documents in the possession of the certifying official that 29
evince the harm endured by the victim due to the criminal activity. 30
(d) (1) Except as provided in paragraph (2) of this subsection, the certifying 31
entity shall certify or decline certification of the Form I–918, Supplement B certification 32
within [90] 30 days after receiving a request under subsection (a) of this section. 33
(2) If a noncitizen victim is the subject of removal, exclusion, or deportation 34
proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 35
entity shall certify or decline certification of the Form I–918, Supplement B certification 36
within [14] 7 days after receiving a request under subsection (a) of this section. 37 SENATE BILL 553 3
(e) A current investigation, the filing of charges, a prosecution, or a conviction is 1
not required for a victim or the victim’s parent, guardian, or next friend to request and 2
obtain the Form I–918, Supplement B certification under this section. 3
(f) A certifying official may withdraw the certification provided under this section 4
only on refusal to provide information and assistance when reasonably requested of: 5
(1) the victim; or 6
(2) the victim’s parent, guardian, or next friend if the victim was under the 7
age of 16 years on the date that an act that constitutes an element of qualifying criminal 8
activity first occurred or if the victim is incapacitated or incompetent. 9
(g) A certifying entity may disclose information relating to a victim who is seeking 10
or has obtained U Nonimmigrant Status only: 11
(1) in order to comply with federal law, court order, or a discovery 12
obligation in the prosecution of a criminal offense; or 13
(2) after adult petitioners for U Nonimmigrant Status or adult U 14
Nonimmigrant Status holders have provided written consent for the disclosure of the 15
information. 16
(h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 17
certifying official who acts or fails to act in good faith in compliance with this section has 18
the immunity from liability described under § 5–643 of the Courts Article. 19
(2) A person who brings an action to seek enforcement of this section may 20
not be awarded attorney’s fees or costs unless the action demonstrates willful or wanton 21
misconduct by a certifying entity or certifying official. 22
(I) A CERTIFYING ENTITY SH ALL DEVELOP PROTOCOL S TO ASS IST 23
PETITIONERS WHO HAVE LIMITED ENGLISH PROFICIENCY T O PROCEED UNDER THIS 24
SECTION. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2025. 27