Maryland 2025 Regular Session

Maryland Senate Bill SB608 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 LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		sb0608
10	9
11	10		SENATE BILL 608
12		-	E2 (5lr3005)
13		-	ENROLLED BILL
14		-	— Judicial Proceedings/Judiciary —
15		-	Introduced by Senators Augustine and Smith
16		-
17		-	Read and Examined by Proofreaders:
18		-
19		-	_______________________________________________
20		-	Proofreader.
21		-	_______________________________________________
22		-	Proofreader.
23		-
24		-	Sealed with the Great Seal and presented to the Governor, for his approval this
25		-
26		-	_______ day of _______________ at _________________ _______ o’clock, ________M.
27		-
28		-	______________________________________________
29		-	President.
	11	+	E2 5lr3005
	12	+	CF HB 579
	13	+	By: Senators Augustine and Smith
	14	+	Introduced and read first time: January 23, 2025
	15	+	Assigned to: Judicial Proceedings
	16	+	Committee Report: Favorable with amendments
	17	+	Senate action: Adopted
	18	+	Read second time: February 27, 2025
30	19
31	20		CHAPTER ______
32	21
33	22		AN ACT concerning 1
34	23
35	24		Criminal Procedure – U Nonimmigrant Status Petitions 2
36	25
37	26		FOR the purpose of altering the requirements for certification of a U Nonimmigrant Status 3
38	27		Petition; altering the individuals eligible to request a certain official to certify victim 4
39	28		helpfulness on a certain form relating to certification of a U Nonimmigrant Status 5
40	29		Petition; altering the time periods within which a certain certifying entity shall 6
41	30		certify or decline a certain form under certain circumstances; requiring a certifying 7
42	31		entity to develop protocols to assist certain petitioners to take certain actions; 8
43	32		authorizing disclosure of certain information under certain circumstances; and 9
44	33		generally relating to U Nonimmigrant Status petitions. 10
45	34
46	35		BY repealing and reenacting, with amendments, 11
47	36		Article – Criminal Procedure 12
48	37		Section 11–930 and 11–931 13
49		-	Annotated Code of Maryland 14 2 SENATE BILL 608
	38	+	Annotated Code of Maryland 14
	39	+	(2018 Replacement Volume and 2024 Supplement) 15
50	40
	41	+	BY adding to 16
	42	+	Article – Criminal Procedure 17
	43	+	Section 11–932 18
	44	+	Annotated Code of Maryland 19
	45	+	(2018 Replacement Volume and 2024 Supplement) 20
51	46
52		-	(2018 Replacement Volume and 2024 Supplement) 1
53		-
54		-	BY adding to 2
55		-	Article – Criminal Procedure 3
56		-	Section 11–932 4
57		-	Annotated Code of Maryland 5
58		-	(2018 Replacement Volume and 2024 Supplement) 6
59		-
60		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
61		-	That the Laws of Maryland read as follows: 8
62		-
63		-	Article – Criminal Procedure 9
64		-
65		-	11–930. 10
66		-
67		-	(a) In this part the following words have the meanings indicated. 11
68		-
69		-	(b) “Certifying entity” means: 12
70		-
71		-	(1) a State or local law enforcement agency; 13
72		-
73		-	(2) a State’s Attorney or deputy or assistant State’s Attorney; 14
74		-
75		-	(3) any other authority that has responsibility for the detection, 15
76		-	investigation, or prosecution of a qualifying crime or criminal activity; or 16
77		-
78		-	(4) an agency that has criminal, CIVIL, FAMILY, OR ADMINISTRATIVE 17
79		-	detection [or], investigative, OR PROSECUTORIAL jurisdiction in the agency’s respective 18
80		-	areas of expertise, including child protective services, ADULT PROTECTIVE SER VICES, the 19
81		-	Commission on Civil Rights, and the Maryland Department of Labor. 20
82		-
83		-	(c) “Certifying official” means: 21
84		-
85		-	(1) the head of a certifying entity; 22
86		-
87		-	(2) an individual in a supervisory role who has been specifically designated 23
88		-	by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf 24
89		-	of that entity; or 25
90		-
91		-	(3) any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the 26
92		-	Code of Federal Regulations. 27
93		-
94		-	(d) “FEDERAL U VISA NONIMMIGRANT STATUS PETITION GUIDELINES” 28
95		-	MEANS FEDERAL STATUT ES, REGULATIONS , POLICIES, PUBLICATIONS , GUIDANCE, 29
96		-	AND INSTRUCTIONS REL ATING TO U NONIMMIGRANT STATUS, INCLUDING 8 U.S.C. 30
97		-	§ 1101(A)(15)(U), 8 U.S.C. § 1184(O) § 1184(P), 8 U.S.C. § 1367, 72 FED. REG. 53014 31 SENATE BILL 608 3
98		-
99		-
100		-	(SEPT. 17, 2007), 8 C.F.R. § 214.14 AND 245.24, 8 C.F.R. § 245.24, AND 8 U.S.C. § 1
101		-	1255(M)(1). 2
102		-
103		-	(E) “Qualifying crime” includes a criminal offense for which the nature and 3
104		-	elements of the offense are substantially similar to the criminal activity described in 4
105		-	subsection [(e)] (F) of this section and the attempt, conspiracy, or solicitation to commit the 5
106		-	offense. 6
107		-
108		-	[(e)] (F) “Qualifying criminal activity” means criminal activity under § 7
109		-	1101(a)(15)(U)(iii) of the United States Code OR THAT IS DESCRIBED IN FEDERAL U VISA 8
110		-	NONIMMIGRANT STATUS PETITION GUIDELINES. 9
111		-
112		-	11–931. 10
113		-
114		-	(a) (1) For purposes of filing a petition with the United States Citizenship and 11
115		-	Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 12
116		-	guardian, [or] next friend, ATTORNEY, VICTIM ADVOCATE, OR OTHER 13
117		-	REPRESENTATIVE may request a certifying official of a certifying entity to certify victim 14
118		-	helpfulness on a Form I–918, Supplement B certification if the victim: 15
119		-
120		-	[(1)] (I) was a victim of a qualifying criminal activity and has been 16
121		-	helpful, IS BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL [to the certifying entity] in 17
122		-	the detection, investigation, or or prosecution, INCLUDING SENTENCING , CONVICTION, 18
123		-	OR SENTENCING of that qualifying criminal activity; 19
124		-
125		-	[(2)] (II) was under the age of 16 years on the date that an act that 20
126		-	constitutes an element of qualifying criminal activity first occurred and the victim’s parent, 21
127		-	guardian, or next friend has been helpful to the certifying entity in the detection, 22
128		-	investigation, or or prosecution, INCLUDING SENTENCING , CONVICTION, OR 23
129		-	SENTENCING of that qualifying criminal activity; or 24
130		-
131		-	[(3)] (III) is incapacitated or incompetent and the victim’s parent, 25
132		-	guardian, or next friend has been helpful to the certifying entity in the detection, 26
133		-	investigation, or or prosecution, INCLUDING SENTENCING , CONVICTION, OR 27
134		-	SENTENCING of that qualifying criminal activity. 28
135		-
136		-	(2) (I) A VICTIM OF A QUALIFYI NG CRIME OR A QUALIF YING 29
137		-	CRIMINAL ACTIVITY IS ELIGIBLE FOR CERTIFI CATION. 30
138		-
139		-	(II) IF A VICTIM IS APPLYI NG FOR CERTIFICATION AS A RESULT 31
140		-	OF BEING A VICTIM OF MORE THAN ONE QUALIF YING CRIME OR QUALIF YING 32
141		-	CRIMINAL ACTIVITY, EACH QUALIFYING CRIM E AND QUALIFYING CRI MINAL 33
142		-	ACTIVITY SHALL BE LI STED ON THE CERTIFIC ATION. 34
143		-	4 SENATE BILL 608
144		-
145		-
146		-	(b) FOR PURPOSES OF DETER MINING HELPFULNESS F OR A REQUEST FOR 1
147		-	CERTIFICATION UNDER SUBSECTION (A) OF THIS SECTION , AN INDIVIDUAL SHALL 2
148		-	BE CONSIDERED HEL PFUL IF, SINCE THE INITIATION OF HELPFULNESS , THE 3
149		-	INDIVIDUAL HAS NOT U NREASONABLY REFUSED TO COOPERATE OR UNREASONABLY 4
150		-	FAILED TO PROVIDE IN FORMATION AND ASSIST ANCE REASONABLY REQU ESTED BY 5
151		-	A CERTIFYING ENTITY . 6
152		-
153		-	(C) For purposes of determining helpfulness under subsection (a) of this section, 7
154		-	THERE IS A REBUTTABL E PRESUMPTION THAT if the victim or the victim’s parent, 8
155		-	guardian, or next friend is assisting, has assisted, or is likely to assist law enforcement 9
156		-	authorities in the detection, investigation, or prosecution of qualifying criminal activity, the 10
157		-	victim or the victim’s parent, guardian, or next friend shall be considered to be helpful, to 11
158		-	have been helpful, or likely to be helpful. is assisting, has assisted, or is likely to assist law 12
159		-	enforcement authorities in the detection, investigation, or prosecution of qualifying 13
160		-	criminal activity, the victim or the victim’s parent, guardian, or next friend shall be 14
161		-	considered to be helpful, to have been helpful, or likely to be helpful HAS NOT 15
162		-	UNREASONABLY REFUSED TO COOPERATE OR UNREASONABLY FAIL ED TO PROVIDE 16
163		-	INFORMATION AND ASSI STANCE REASONABLY RE QUESTED BY LAW ENFOR CEMENT 17
164		-	AUTHORITIES, THE VICTIM OR THE VI CTIM’S PARENT, GUARDIAN, OR NEXT FRIEND 18
165		-	SHALL BE CONSIDERED TO BE HELPFUL , TO HAVE BEEN HELPFUL , OR LIKELY TO BE 19
166		-	HELPFUL TO THE DETEC TION, INVESTIGATION , PROSECUTION , CONVICTION, OR 20
167		-	SENTENCING, OF THE QUALIFYING CR IMINAL ACTIVITY. 21
168		-
169		-	[(c)] (D) If the victim or the victim’s parent, guardian, or next friend satisfies 22
170		-	the criteria specified under subsection (a) of this section, the certifying official shall fully 23
171		-	complete and sign the Form I–918, Supplement B certification and, with respect to victim 24
172		-	helpfulness, include: 25
173		-
174		-	(1) specific details about the nature of the crime DETECTED, investigated, 26
175		-	[or], prosecuted, CONVICTED, OR SENTENCED ; 27
176		-
177		-	(2) a detailed description of the victim’s PAST OR PRESENT helpfulness or 28
178		-	likely helpfulness to the detection, investigation, or or prosecution, INCLUDING 29
179		-	SENTENCING, CONVICTION, OR SENTENCING of the criminal activity; and 30
180		-
181		-	(3) copies of any documents in the possession of the certifying official that 31
182		-	evince the harm endured by the victim due to the criminal activity. 32
183		-
184		-	[(d)] (E) (1) Except as provided in paragraph (2) PARAGRAPHS (2), (3), AND 33
185		-	(4) paragraph (2) of this subsection, the certifying entity shall certify or decline certification 34
186		-	of the Form I–918, Supplement B certification within 90 45 days after receiving a request 35
187		-	under subsection (a) of this section. 36
188		-
189		-	(2) If a noncitizen victim is the subject of removal, exclusion, or deportation 37
190		-	proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 38 SENATE BILL 608 5
191		-
192		-
193		-	entity shall certify or decline certification of the Form I–918, Supplement B certification 1
194		-	within 14 7 days after receiving a request under subsection (a) of this section. 2
195		-
196		-	(3) IF A NONCITIZEN VICTI M IS THE SUBJECT OF REMOVAL, 3
197		-	EXCLUSION, OR DEPORTATION PROCE EDINGS AND IS DETAIN ED PENDING 4
198		-	RESOLUTION OF THE PR OCEEDINGS, THE CERTIFYING ENTIT Y SHALL CERTIFY OR 5
199		-	DECLINE CERTIFICATIO N OF THE FORM I–918, SUPPLEMENT B CERTIFICATION 6
200		-	WITHIN 7 DAYS AFTER RECEIVING A REQUEST UNDER SUBS ECTION (A) OF THIS 7
201		-	SECTION. 8
202		-
203		-	(4) IF A QUALIFYING FAMIL Y MEMBER OF A NONCIT IZEN VICTIM WILL 9
204		-	LOSE ELIGIBILITY FOR U NONIMMIGRANT STATUS IN 60 DAYS OR FEWER BECAUS E 10
205		-	OF THE AGE OF THE QU ALIFYING FAMILY MEMB ER, THE CERTIFYING ENTIT Y SHALL 11
206		-	CERTIFY OR DECLINE C ERTIFICATION OF THE FORM I–918, SUPPLEMENT B 12
207		-	CERTIFICATION WITHIN 12 DAYS AFTER RECEIVING A REQUEST UNDER SUBS ECTION 13
208		-	(A) OF THIS SECTION. 14
209		-
210		-	[(e)] (F) A current investigation, the filing of charges, a prosecution, or a 15
211		-	conviction is not required for a victim or the victim’s parent, guardian, [or] next friend, 16
212		-	ATTORNEY, VICTIM ADVOCATE , OR OTHER REPRESENTAT IVE to request and obtain the 17
213		-	Form I–918, Supplement B certification under this section. 18
214		-
215		-	(G) THERE IS NO STATUTE O F LIMITATIONS FOR WH EN A QUALIFYING 19
216		-	CRIMINAL ACTIVITY OC CURRED RELATIVE TO T HE REQUEST FOR CERTI FICATION OF 20
217		-	VICTIM HELPFULNESS U NDER THIS SECTION A CERTIFYING ENTITY MA Y NOT 21
218		-	DECLINE CERTIFICATIO N OF THE FORM I–918, SUPPLEMENT B CERTIFICATION 22
219		-	SOLELY BASED ON THE AMOUNT OF TIME THAT HAS PASSED SINCE A Q UALIFYING 23
220		-	CRIME WAS COMMITTED THERE IS NO STATUTE O F LIMITATIONS FOR WH EN A 24
221		-	QUALIFYING CRIMINAL ACTIVITY OCCURRED RE LATIVE TO TH E REQUEST FOR 25
222		-	CERTIFICATION OF VIC TIM HELPFULNESS UNDE R THIS SECTION. 26
223		-
224		-	(H) IF THE CERTIFYING OFF ICIAL CANNOT DETERMI NE WHETHER THE 27
225		-	APPLICANT IS A VICTI M OF A QUALIFYING CR IMINAL ACTIVITY OR D ETERMINES 28
226		-	THAT THE APPLICANT D OES NOT QUALIFY FOR CERTIFICATION , THE CERTIFYING 29
227		-	OFFICIAL SHALL PROVI DE A WRITTEN EXPLANA TION TO THE VICTIM O R THE 30
228		-	VICTIM’S PARENT, GUARDIAN, NEXT FRIEND , ATTORNEY, VICTIM ADVOCATE , OR 31
229		-	OTHER REPRESENTATIVE SETTING FORTH REASON S WHY THE AVAILABLE EVIDENCE 32
230		-	DOES NOT SUPPORT ISS UANCE OF THE C ERTIFICATION. 33
231		-
232		-	[(f)] (I) A certifying official may DENY OR withdraw the certification provided 34
233		-	under this section only [on refusal to provide information and assistance when reasonably 35
234		-	requested of: 36
235		-
236		-	(1) the victim; or 37 6 SENATE BILL 608
	47	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
	48	+	That the Laws of Maryland read as follows: 22 2 SENATE BILL 608
237	49
238	50
239	51
240		-	(2) the victim’s parent, guardian, or next friend if the victim was under the 1
241		-	age of 16 years on the date that an act that constitutes an element of qualifying criminal 2
242		-	activity first occurred or if the victim is incapacitated or incompetent] IF, AFTER 3
243		-	CONSIDERING THE TOTA LITY OF THE CIRCUMSTANCES , THE PERSON PROVIDING 4
244		-	THE HELPFULNESS UNDE R SUBSECTION (A) OF THIS SECTION UNRE ASONABLY 5
245		-	REFUSED TO COOPERATE OR UNREASONABLY FAILED TO PROVIDE IN FORMATION 6
246		-	OR ASSISTANCE REASONABLY REQUESTED BY A CERTIFYING OFFI CIAL. 7
	52	+	Article – Criminal Procedure 1
247	53
248		-	(J) (1) NOTWITHSTAND ING ANY OTHER PROVIS ION OF THIS SECTION , A 8
249		-	CERTIFYING OFFICIAL ’S COMPLETION OF A CE RTIFICATION FORM MAY NOT BE 9
250		-	CONSIDERED SUFFICIEN T EVIDENCE THAT AN A PPLICANT FOR A U OR A T VISA U 10
251		-	NONIMMIGRANT STATUS HAS MET ALL ELIGIBIL ITY REQUIREMENTS FOR THAT VISA 11
252		-	STATUS, AND COMPLETION OF A CERTIFICATION FORM B Y A CERTIFYING OFFIC IAL 12
253		-	MAY NOT BE CONSTRUED TO GUARANTEE THAT TH E VICTIM WILL RECEIV E 13
254		-	IMMIGRATION RELIEF U NDER FEDERAL LAW . 14
	54	+	11–930. 2
255	55
256		-	(2) COMPLETION OF A CERTI FICATION FORM BY A C ERTIFYING 15
257		-	OFFICIAL ONLY SERVES AS VERIFICATION OF T HE FACTUAL INFORMATI ON 16
258		-	RELEVANT FOR A FEDER AL IMMIGRATION OFFIC IAL TO DETERMINE ELI GIBILITY 17
259		-	FOR A U OR A T VISA U NONIMMIGRANT STATUS. 18
	56	+	(a) In this part the following words have the meanings indicated. 3
260	57
261		-	(3) BY COMPLETING A CERTI FICATION FORM , THE CERTIFYING 19
262		-	OFFICIAL ATTESTS THA T THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF 20
263		-	THE CERTIFYING OFFIC IAL’S KNOWLEDGE . 21
	58	+	(b) “Certifying entity” means: 4
264	59
265		-	(4) THIS SECTION DOES NOT LIMIT THE MANNER IN WHICH A 22
266		-	CERTIFYING OFFICIAL OR CERTIFYING AGENCY MAY: 23
	60	+	(1) a State or local law enforcement agency; 5
267	61
268		-	(I) DESCRIBE WHETHER THE PERSO N HAS BEEN HELPFUL , IS 24
269		-	BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL TO THE CERTIFYING EN TITY; OR 25
	62	+	(2) a State’s Attorney or deputy or assistant State’s Attorney; 6
270	63
271		-	(II) PROVIDE ANY ADDITION AL INFORMATION THE C ERTIFYING 26
272		-	OFFICIAL OR CERTIFYI NG ENTITY BELIEVES M IGHT BE RELEVANT TO THE 27
273		-	ADJUDICATION OF A U OR A T VISA APPLICATION NONIMMIGRANT STATUS 28
274		-	PETITION. 29
	64	+	(3) any other authority that has responsibility for the detection, 7
	65	+	investigation, or prosecution of a qualifying crime or criminal activity; or 8
275	66
276		-	[(g) A certifying entity may disclose information relating to a victim who is seeking 30
277		-	or has obtained U Nonimmigrant Status only: 31
	67	+	(4) an agency that has criminal, CIVIL, FAMILY, OR ADMINISTRATIVE 9
	68	+	detection [or], investigative, OR PROSECUTORIAL jurisdiction in the agency’s respective 10
	69	+	areas of expertise, including child protective services, ADULT PROTECTIVE SER VICES, the 11
	70	+	Commission on Civil Rights, and the Maryland Department of Labor. 12
278	71
279		-	(1) in order to comply with federal law, court order, or a discovery 32
280		-	obligation in the prosecution of a criminal offense; or 33
	72	+	(c) “Certifying official” means: 13
	73	+
	74	+	(1) the head of a certifying entity; 14
	75	+
	76	+	(2) an individual in a supervisory role who has been specifically designated 15
	77	+	by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf 16
	78	+	of that entity; or 17
	79	+
	80	+	(3) any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the 18
	81	+	Code of Federal Regulations. 19
	82	+
	83	+	(d) “FEDERAL U VISA GUIDELINES ” MEANS FEDERAL STATUT ES, 20
	84	+	REGULATIONS , POLICIES, PUBLICATIONS , GUIDANCE, AND INSTRUCTIONS 21
	85	+	RELATING TO U NONIMMIGRANT STATUS, INCLUDING 8 U.S.C. § 1101(A)(15)(U), 8 22
	86	+	U.S.C. § 1184(O), 8 U.S.C. § 1367, 72 FED. REG. 53014 (SEPT. 17, 2007), 8 C.F.R. § 23
	87	+	214.14 AND 245.24, AND 8 U.S.C. § 1255(M)(1). 24
	88	+
	89	+	(E) “Qualifying crime” includes a criminal offense for which the nature and 25
	90	+	elements of the offense are substantially similar to the criminal activity described in 26
	91	+	subsection [(e)] (F) of this section and the attempt, conspiracy, or solicitation to commit the 27
	92	+	offense. 28
	93	+
	94	+	[(e)] (F) “Qualifying criminal activity” means criminal activity under § 29
	95	+	1101(a)(15)(U)(iii) of the United States Code OR THAT IS DESCRIBED IN FEDERAL U VISA 30
	96	+	GUIDELINES. 31 SENATE BILL 608 3
	97	+
	98	+
	99	+
	100	+	11–931. 1
	101	+
	102	+	(a) (1) For purposes of filing a petition with the United States Citizenship and 2
	103	+	Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 3
	104	+	guardian, [or] next friend, ATTORNEY, VICTIM ADVOCATE , OR OTHER 4
	105	+	REPRESENTATIVE may request a certifying official of a certifying entity to certify victim 5
	106	+	helpfulness on a Form I–918, Supplement B certification if the victim: 6
	107	+
	108	+	[(1)] (I) was a victim of a qualifying criminal activity and has been 7
	109	+	helpful, IS BEING HELPFUL , OR IS LIKELY TO BE HELPFUL [to the certifying entity] in 8
	110	+	the detection, investigation, or prosecution, INCLUDING SENTENCING , CONVICTION, OR 9
	111	+	SENTENCING of that qualifying criminal activity; 10
	112	+
	113	+	[(2)] (II) was under the age of 16 years on the date that an act that 11
	114	+	constitutes an element of qualifying criminal activity first occurred and the victim’s parent, 12
	115	+	guardian, or next friend has been helpful to the certifying entity in the detection, 13
	116	+	investigation, or prosecution, INCLUDING SENTENCING , CONVICTION, OR SENTENCING 14
	117	+	of that qualifying criminal activity; or 15
	118	+
	119	+	[(3)] (III) is incapacitated or incompetent and the victim’s parent, 16
	120	+	guardian, or next friend has been helpful to the certifying entity in the detection, 17
	121	+	investigation, or prosecution, INCLUDING SENTENCING , CONVICTION, OR SENTENCING 18
	122	+	of that qualifying criminal activity. 19
	123	+
	124	+	(2) (I) A VICTIM OF A QUALIFYI NG CRIME OR A QUALIF YING 20
	125	+	CRIMINAL ACTIVITY IS ELIGIBLE FOR CERTIFI CATION. 21
	126	+
	127	+	(II) IF A VICTIM IS APPLYING FOR CERTIFI CATION AS A RESULT 22
	128	+	OF BEING A VICTIM OF MORE THAN ONE QUALIF YING CRIME OR QUALIF YING 23
	129	+	CRIMINAL ACTIVITY , EACH QUALIFYING CRIM E AND QUALIFYING CRI MINAL 24
	130	+	ACTIVITY SHALL BE LI STED ON THE CERTIFIC ATION. 25
	131	+
	132	+	(b) FOR PURPOSES OF DETER MINING HELPF ULNESS FOR A REQUEST FOR 26
	133	+	CERTIFICATION UNDER SUBSECTION (A) OF THIS SECTION , AN INDIVIDUAL SHALL 27
	134	+	BE CONSIDERED HELPFU L IF, SINCE THE INITIATION OF HELPFULNESS , THE 28
	135	+	INDIVIDUAL HAS NOT U NREASONABLY REFUSED TO COOPERATE OR UNREASONABLY 29
	136	+	FAILED TO PROVIDE IN FORMATION AND ASSISTANC E REASONABLY REQUEST ED BY 30
	137	+	A CERTIFYING ENTITY . 31
	138	+
	139	+	(C) For purposes of determining helpfulness under subsection (a) of this section, 32
	140	+	THERE IS A REBUTTABL E PRESUMPTION THAT if the victim or the victim’s parent, 33
	141	+	guardian, or next friend is assisting, has assisted, or is likely to assist law enforcement 34
	142	+	authorities in the detection, investigation, or prosecution of qualifying criminal activity, 35
	143	+	the victim or the victim’s parent, guardian, or next friend shall be considered to be helpful, 36 4 SENATE BILL 608
	144	+
	145	+
	146	+	to have been helpful, or likely to be helpful HAS NOT UNREASONABLY REFUSED TO 1
	147	+	COOPERATE OR UNREASO NABLY FAILED TO PROV IDE INFORMATION AND 2
	148	+	ASSISTANCE REASONABL Y REQUESTED BY LAW E NFORCEMENT AUTHORITI ES, THE 3
	149	+	VICTIM OR THE VICTIM ’S PARENT, GUARDIAN, OR NEXT FRIEN D SHALL BE 4
	150	+	CONSIDERED TO BE HEL PFUL, TO HAVE BEEN HELPFUL , OR LIKELY TO BE HELP FUL 5
	151	+	TO THE DETECTION , INVESTIGATION , PROSECUTION , CONVICTION, OR SENTENCING , 6
	152	+	OF THE QUALIFYING CR IMINAL ACTIVITY . 7
	153	+
	154	+	[(c)] (D) If the victim or the victim’s parent, guardian, or next friend satisfies 8
	155	+	the criteria specified under subsection (a) of this section, the certifying official shall fully 9
	156	+	complete and sign the Form I–918, Supplement B certification and, with respect to victim 10
	157	+	helpfulness, include: 11
	158	+
	159	+	(1) specific details about the nature of the crime DETECTED, investigated 12
	160	+	[or], prosecuted, CONVICTED, OR SENTENCED ; 13
	161	+
	162	+	(2) a detailed description of the victim’s PAST OR PRESENT helpfulness or 14
	163	+	likely helpfulness to the detection, investigation, or prosecution, INCLUDING 15
	164	+	SENTENCING, CONVICTION, OR SENTENCING of the criminal activity; and 16
	165	+
	166	+	(3) copies of any documents in the possession of the certifying official that 17
	167	+	evince the harm endured by the victim due to the criminal activity. 18
	168	+
	169	+	[(d)] (E) (1) Except as provided in paragraph (2) PARAGRAPHS (2), (3), AND 19
	170	+	(4) of this subsection, the certifying entity shall certify or decline certification of the Form 20
	171	+	I–918, Supplement B certification within 90 45 days after receiving a request under 21
	172	+	subsection (a) of this section. 22
	173	+
	174	+	(2) If a noncitizen victim is the subject of removal, exclusion, or deportation 23
	175	+	proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 24
	176	+	entity shall certify or decline certification of the Form I–918, Supplement B certification 25
	177	+	within 14 days after receiving a request under subsection (a) of this section. 26
	178	+
	179	+	(3) IF A NONCITIZEN VICTI M IS THE SUBJECT OF REMOVAL, 27
	180	+	EXCLUSION, OR DEPORTATION PROCE EDINGS AND IS DETAIN ED PENDING 28
	181	+	RESOLUTION OF THE PR OCEEDINGS, THE CERTIFYING ENTITY SHALL CERTIFY OR 29
	182	+	DECLINE CERTIFICATIO N OF THE FORM I–918, SUPPLEMENT B CERTIFICATION 30
	183	+	WITHIN 7 DAYS AFTER RECEIVING A REQUEST UNDER SUBS ECTION (A) OF THIS 31
	184	+	SECTION. 32
	185	+
	186	+	(4) IF A QUALIFYING FAMIL Y MEMBER OF A NONCIT IZEN VICTIM WILL 33
	187	+	LOSE ELIGIBILITY FOR U NONIMMIGRANT STATUS IN 60 DAYS OR FEWER BECAUS E 34
	188	+	OF THE AGE OF THE QU ALIFYING FAMILY MEMB ER, THE CERTIFYING ENTIT Y SHALL 35
	189	+	CERTIFY OR DECLINE C ERTIFICATION OF THE FORM I–918, SUPPLEMENT B 36 SENATE BILL 608 5
	190	+
	191	+
	192	+	CERTIFICATION WITHIN 12 DAYS AFTER RECEIVING A REQUEST UNDER SUBSECTION 1
	193	+	(A) OF THIS SECTION. 2
	194	+
	195	+	[(e)] (F) A current investigation, the filing of charges, a prosecution, or a 3
	196	+	conviction is not required for a victim or the victim’s parent, guardian, [or] next friend, 4
	197	+	ATTORNEY, VICTIM ADVOCATE , OR OTHER REPRESENTAT IVE to request and obtain the 5
	198	+	Form I–918, Supplement B certification under this section. 6
	199	+
	200	+	(G) THERE IS NO STATUTE O F LIMITATIONS FOR WH EN A QUALIFYING 7
	201	+	CRIMINAL ACTIVITY OC CURRED RELATIVE TO T HE REQUEST FOR CERTI FICATION OF 8
	202	+	VICTIM HELPFULNESS U NDER THIS SECTI ON A CERTIFYING ENTITY MA Y NOT 9
	203	+	DECLINE CERTIFICATIO N OF THE FORM I–918, SUPPLEMENT B CERTIFICATION 10
	204	+	SOLELY BASED ON THE AMOUNT OF TIME THAT HAS PASSED SINCE A Q UALIFYING 11
	205	+	CRIME WAS COMMITTED . 12
	206	+
	207	+	(H) IF THE CERTIFYING OFF ICIAL CANNOT DETERMI NE WHETHER THE 13
	208	+	APPLICANT IS A VICTIM OF A QUALIFYING CRIMINA L ACTIVITY OR DETERM INES 14
	209	+	THAT THE APPLICANT D OES NOT QUALIFY FOR CERTIFICATION , THE CERTIFYING 15
	210	+	OFFICIAL SHALL PROVI DE A WRITTEN EXPLANA TION TO THE VICTIM O R THE 16
	211	+	VICTIM’S PARENT, GUARDIAN, NEXT FRIEND , ATTORNEY, VICTIM ADVOCATE , OR 17
	212	+	OTHER REPRESENTATIVE SETTING FORTH REASON S WHY THE AVAILABLE EVIDENCE 18
	213	+	DOES NOT SUPPORT ISS UANCE OF THE CERTIFI CATION. 19
	214	+
	215	+	[(f)] (I) A certifying official may DENY OR withdraw the certification provided 20
	216	+	under this section only [on refusal to provide information and assistance when reasonably 21
	217	+	requested of: 22
	218	+
	219	+	(1) the victim; or 23
	220	+
	221	+	(2) the victim’s parent, guardian, or next friend if the victim was under the 24
	222	+	age of 16 years on the date that an act that constitutes an element of qualifying criminal 25
	223	+	activity first occurred or if the victim is incapacitated or incompetent] IF, AFTER 26
	224	+	CONSIDERING THE TOTA LITY OF THE CIRCUMST ANCES, THE PERSON PROVIDING 27
	225	+	THE HELPFULNESS UNDE R SUBSECTION (A) OF THIS SECTION UNRE ASONABLY 28
	226	+	REFUSED TO COOPERATE OR UNREASONABL Y FAILED TO PROVIDE IN FORMATION 29
	227	+	OR ASSISTANCE REASONABLY REQUESTED BY A CERTIFYING OFFI CIAL. 30
	228	+
	229	+	(J) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, A 31
	230	+	CERTIFYING OFFICIAL ’S COMPLETION OF A CE RTIFICATION FORM MAY NOT BE 32
	231	+	CONSIDERED SUFFICIEN T EVIDENCE THAT AN APPLICANT FO R A U OR A T VISA HAS 33
	232	+	MET ALL ELIGIBILITY REQUIREMENTS FOR THA T VISA, AND COMPLETION OF A 34
	233	+	CERTIFICATION FORM B Y A CERTIFYING OFFIC IAL MAY NOT BE CONST RUED TO 35
	234	+	GUARANTEE THAT THE V ICTIM WILL RECEIVE I MMIGRATION RELIEF UN DER 36
	235	+	FEDERAL LAW . 37 6 SENATE BILL 608
	236	+
	237	+
	238	+
	239	+	(2) COMPLETION OF A CERTI FICATION FORM BY A C ERTIFYING 1
	240	+	OFFICIAL ONLY SERVES AS VERIFICATION OF T HE FACTUAL INFORMATI ON 2
	241	+	RELEVANT FOR A FEDER AL IMMIGRATION OFFIC IAL TO DETERMINE ELI GIBILITY 3
	242	+	FOR A U OR A T VISA. 4
	243	+
	244	+	(3) BY COMPLETING A CERTI FICATION FORM , THE CERTIFYING 5
	245	+	OFFICIAL ATTESTS THA T THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF 6
	246	+	THE CERTIFYING OFFIC IAL’S KNOWLEDGE . 7
	247	+
	248	+	(4) THIS SECTION DOES NOT LIMIT THE MANNER IN WHICH A 8
	249	+	CERTIFYING OFFICIAL OR CERTIFYING AGENCY MAY: 9
	250	+
	251	+	(I) DESCRIBE WHETHER THE PERSON HAS BEEN HELP FUL TO 10
	252	+	THE CERTIFYING ENTIT Y; OR 11
	253	+
	254	+	(II) PROVIDE ANY ADDITION AL INFORMATION THE C ERTIFYING 12
	255	+	OFFICIAL OR CERTIFYI NG ENTITY BELIEVES M IGHT BE RELEVANT TO THE 13
	256	+	ADJUDICATION OF A U OR A T VISA APPLICATION . 14
	257	+
	258	+	[(g) A certifying entity may disclose information relating to a victim who is seeking 15
	259	+	or has obtained U Nonimmigrant Status only: 16
	260	+
	261	+	(1) in order to comply with federal law, court order, or a discovery 17
	262	+	obligation in the prosecution of a criminal offense; or 18
	263	+
	264	+	(2) after adult petitioners for U Nonimmigrant Status or adult U 19
	265	+	Nonimmigrant Status holders have provided written consent for the disclosure of the 20
	266	+	information. 21
	267	+
	268	+	(h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 22
	269	+	certifying official who acts or fails to act in good faith in compliance with this section has 23
	270	+	the immunity from liability described under § 5–643 of the Courts Article. 24
	271	+
	272	+	(2) A person who brings an action to seek enforcement of this section may 25
	273	+	not be awarded attorney’s fees or costs unless the action demonstrates willful or wanton 26
	274	+	misconduct by a certifying entity or certifying official.] 27
	275	+
	276	+	(K) A CERTIFYING ENTITY SH ALL DEVELOP PROTOCOL S TO ASSIST 28
	277	+	PETITIONERS WHO HAVE LIMITED ENGLISH PROFICIENCY T O PROCEED UNDER THIS 29
	278	+	SECTION. 30
	279	+
	280	+	11–932. 31
281	281		SENATE BILL 608 7
282	282
283	283
284		-	(2) ~~after adult petitioners for U Nonimmigrant Status~~ or ~~adult U~~ 1
285		-	~~Nonimmigrant Status holders have provided written consent for the disclosure of the~~ 2
286		-	~~information.~~ 3
	284	+	(A) A CERTIFYING ENTITY OR A CERTIFYING OFFICIA L MAY DISCLOSE 1
	285	+	INFORMATION RELATING TO A VICTIM WHO IS S EEKING CERTIFICATION , OR WHO IS 2
	286	+	SEEKING OR HAS OBTAI NED U NONIMMIGRANT STATUS ONLY: 3
287	287
288		-	(h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 4
289		-	certifying official who acts or fails to act in good faith in compliance with this section has 5
290		-	the immunity from liability described under § 5–643 of the Courts Article. 6
	288	+	(1) TO COMPLY WITH FEDER AL LAW, A COURT ORDER , OR A 4
	289	+	DISCOVERY OBLIGATION IN THE PROSECUTION O F A CRIMINAL OFFENSE ; OR 5
291	290
292		-	(2) ~~A person who brings an action to seek enforcement of this section may 7~~
293		-	~~not be awarded attorney’s fees or costs unless~~ the ~~action demonstrates willful or wanton 8~~
294		-	~~misconduct by a certifying entity or certifying official.] 9~~
	291	+	(2) IF APPLICABLE , AFTER THE VICTIM HAS WAIVED 6
	292	+	CONFIDENTIALITY PROT ECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT 7
	293	+	UNDER 34 U.S.C. § 12291(B)(2). 8
295	294
296		-	(K) A CERTIFYING ENTITY SH ALL DEVELOP PROTOCOL S TO ASSIST 10
297		-	PETITIONERS WHO HAVE LIMITED ENGLISH PROFICIENCY T O PROCEED UNDER THIS 11
298		-	SECTION. 12
	295	+	(B) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R OR DIMINISH THE 9
	296	+	DUTIES AND REQUIREME NTS OF A LAW ENFORCE MENT OFFICER , A STATE’S 10
	297	+	ATTORNEY, OR THE ATTORNEY GENERAL FROM DISCLOSI NG EXCULPATORY 11
	298	+	INFORMATION TO A DEF ENDANT IN A CRIMINAL CASE. 12
299	299
300		-	11–932. 13
	300	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
	301	+	October 1, 2025. 14
301	302
302		-	(A) A CERTIFYING ENTITY OR A CERTIFYING OFFICIA L MAY DISCLOSE 14
303		-	INFORMATION RELATING TO A VICTIM WHO IS S EEKING CERTIFICATION , OR WHO IS 15
304		-	SEEKING OR HAS OBTAI NED U NONIMMIGRANT STATUS ONLY: 16
305	303
306		-	(1) TO COMPLY WITH FEDER AL LAW, A COURT ORDER , OR A 17
307		-	DISCOVERY OBLIGATION IN THE PROSECUTION O F A CRIMINAL OFFENSE ; OR 18
308	304
309		-	(2) IF APPLICABLE , AFTER THE VICTIM HAS WAIVED 19
310		-	CONFIDENTIALITY PROT ECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT 20
311		-	UNDER 34 U.S.C. § 12291(B)(2). 21
312	305
313		-	(B) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R OR DIMINISH THE 22
314		-	DUTIES AND REQUIREME NTS OF A LAW ENFORCE MENT OFFICER , A STATE’S 23
315		-	ATTORNEY, OR THE ATTORNEY GENERAL FROM DISCLOSI NG EXCULPATORY 24
316		-	INFORMATION TO A DEF ENDANT IN A CRIMINAL CASE . 25
317		-
318		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
319		-	October 1, 2025. 27
320		-
	306	+	Approved:
	307	+	________________________________________________________________________________
	308	+	Governor.
	309	+	________________________________________________________________________________
	310	+	President of the Senate.
	311	+	________________________________________________________________________________
	312	+	Speaker of the House of Delegates.