Maryland 2025 Regular Session

Maryland Senate Bill SB669 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	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		sb0669
9	6
10	7		SENATE BILL 669
11	8		J1, E4 5lr2433
12	9		CF HB 675
13	10		By: Senators Hettleman, Folden, Love, Waldstreicher, West, and Smith
14	11		Introduced and read first time: January 26, 2025
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: February 27, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	Public Safety – Rape Kit Testing – Tracking Program and Grant Fund – 2
25		-	Alterations 3
	18	+	Public Safety – Rape Kit Testing Grant Fund – Alterations 2
26	19
27		-	FOR the purpose of altering the date by which a certain report under a certain sexual 4
28		-	assault evidence collection kit tracking program is required to be submitted; altering 5
29		-	the purpose and use of the Rape Kit Testing Grant Fund; expanding the duties of the 6
30		-	Executive Director of the Governor’s Office of Crime Prevention and Policy relating 7
31		-	to the Fund; prohibiting the use of the Fund for the Sexual Assault Evidence Kit 8
32		-	Tracking System a certain sexual assault evidence collection kit tracking program; 9
33		-	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
34	25
35		-	BY repealing and reenacting, with amendments, 11
36		-	Article – ~~Criminal Procedure 12~~
37		-	Section 11–~~926.1(b)(2) 13~~
38		-	Annotated Code of Maryland 14
39		-	(~~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
40	31
41		-	BY repealing and reenacting, with amendments, 16
42		-	Article – Public Safety 17
43		-	Section 4–401 18
44		-	Annotated Code of Maryland 19
45		-	(2022 Replacement Volume and 2024 Supplement) 20
	32	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
	33	+	That the Laws of Maryland read as follows: 14
46	34
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 669
	35	+	Article – Public Safety 15
	36	+
	37	+	4–401. 16
	38	+
	39	+	(a) (1) In this section the following words have the meanings indicated. 17
	40	+
	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
	44	+
	45	+	(3) “Fund” means the Rape Kit Testing Grant Fund. 21
	46	+
	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 SENATE BILL 669
49	49
50	50
51	51
52		-	~~Article – Criminal Procedure~~ 1
	52	+	(b) There is a Rape Kit Testing Grant Fund. 1
53	53
54		-	~~11–926.1.~~ 2
	54	+	(c) The purpose of the Fund is to: 2
55	55
56		-	(b) (2) A law enforcement agency or a person, including a health care provider, 3
57		-	forensic laboratory, or State’s Attorney, that had control or possession of a sexual assault 4
58		-	evidence collection kit before October 1, 2023, and has control or possession of the sexual 5
59		-	assault evidence collection kit on or after October 1, 2023, shall report location, status, and 6
60		-	chain of custody information to the reporting program established under this section on or 7
61		-	before [December 31, 2025] MARCH 31, 2026. 8
	56	+	(1) provide law enforcement agencies with funding to pay for testing of 3
	57	+	sexual assault evidence collection kits by forensic laboratories; 4
62	58
63		-	Article – Public Safety 9
	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
64	63
65		-	4–401. 10
	64	+	(3) PROVIDE THE FEDERALLY RECOGNIZED STATE SEXUAL ASSAULT 9
	65	+	COALITION WITH FUNDI NG FOR A STATEWIDE S EXUAL ASSAUL T VICTIM 10
	66	+	NOTIFICATION HOTLINE AND RELATED PERSONNE L TO PROVIDE VICTIMS OF 11
	67	+	SEXUAL ASSAULT WITH: 12
66	68
67		-	(a) ~~(1) In this section the following words have the meanings indicated. 11~~
	69	+	(I) ADVOCACY; 13
68	70
69		-	(2) “Forensic laboratory” means a facility, an entity, or a site that offers or 12
70		-	performs forensic analysis and is owned or operated by the State, a county or municipal 13
71		-	corporation in the State, or another governmental entity. 14
	71	+	(II) SUPPORT; 14
72	72
73		-	(3) ~~“Fund” means the~~ Rape ~~Kit Testing Grant Fund.~~ 15
	73	+	(III) INFORMATION ABOUT UN TESTED RAPE KITS ; 15
74	74
75		-	(4) “Law enforcement agency” means the Department of State Police or a 16
76		-	police department of a county or municipal corporation in the State. 17
	75	+	(IV) INFORMATION ABOUT NAVIGATING THE SEXUAL ASSAULT 16
	76	+	EVIDENCE KIT TRACKIN G SYSTEM ESTABLISHED UNDER § 11–926.1 OF THE 17
	77	+	CRIMINAL PROCEDURE ARTICLE; AND 18
77	78
78		-	(b) ~~There is a Rape Kit Testing Grant Fund. 18~~
	79	+	(V) VICTIMS’ RIGHTS INFORMATION ; AND 19
79	80
80		-	(c) The purpose of the Fund is to PROVIDE FUNDING TO : 19
	81	+	(4) PROVIDE SUPPORT TO PEER–TO–PEER TELEHEALTH PROG RAMS 20
	82	+	AS DEFINED IN § 11–1007 OF THE CRIMINAL PROCEDURE ARTICLE. 21
81	83
82		-	(1) provide law enforcement agencies with funding to pay for testing of 20
83		-	sexual assault evidence collection kits by forensic laboratories, INCLUDING EQUIPMENT, 21
84		-	SUPPLIES, PERSONNEL, AND OUTSOURCING ; 22
	84	+	(d) The Executive Director of the Governor’s Office of Crime Prevention and 22
	85	+	Policy shall: 23
85	86
86		-	(2) PROVIDE THE OFFICE OF THE ATTORNEY GENERAL WITH 23
87		-	FUNDING TO ASSIST LAW ENFORC EMENT AGENCY INVESTI GATIONS OF CRIMES 24
88		-	INVOLVING SEXUAL ASS AULT EVIDENCE COLLEC TION KITS THAT WERE COLLECTED 25
89		-	BEFORE OCTOBER 1, 2020, AND HAVE NOT BEEN TE STED; 26
	87	+	(1) administer the Fund; 24
90	88
91		-	(3) PROVIDE THE FEDERALLY RECOGN IZED STATE SEXUAL ASSAULT 27
92		-	COALITION WITH FUNDING FOR A STATEWIDE SEXU AL ASSAULT VICTIM 28
93		-	NOTIFICATION HOTLINE AND RELATED PERSONNE L TO PROVIDE VICTIMS OF 29
94		-	SEXUAL ASSAULT WITH : 30
	89	+	(2) establish and publish procedures for the distribution of funding to law 25
	90	+	enforcement agencies; 26
95	91
96		-	(I) ADVOCACY; 31 SENATE BILL 669 3
	92	+	(3) ensure each jurisdiction in the State that has a forensic laboratory is 27
	93	+	able to access the Fund; 28
	94	+	SENATE BILL 669 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 ACCORDANCE 3
	101	+	WITH SUBSECTION (C)(2) AND (3) OF THIS SECTION EACH FISCAL Y EAR UNTIL ALL 4
	102	+	SEXUAL ASSAULT EVIDE NCE COLLECTION KITS COLLECTED BEFORE OCTOBER 1, 5
	103	+	2020, HAVE BEEN TESTED , OR IT HAS BEEN DETERMIN ED THAT TESTING IS N OT 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 SAME PURPOSE , ENSURE THAT FUNDS DIS TRIBUTED UNDER 10
	109	+	THIS PARAGRAPH ARE NOT LESS THAN THE AM OUNT 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 SENATE BILL 669
97	142
98	143
99	144
100		-	(II) SUPPORT; 1
	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
101	147
102		-	(III) INFORMATION ABOUT UN TESTED RAPE KITS ; 2
	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
103	150
104		-	(IV) INFORMATION ABOUT NA VIGATING THE SEXUAL ASSAULT 3
105		-	EVIDENCE KIT TRACKIN G SYSTEM ESTABLISHED UNDER § 11–926.1 OF THE 4
106		-	CRIMINAL PROCEDURE ARTICLE; AND 5
	151	+	(i) Expenditures from the Fund may be made only in accordance with the State 5
	152	+	budget. 6
107	153
108		-	(V) VICTIMS’ RIGHTS INFORMATION ; AND 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
109	158
110		-	(4) PROVIDE SUPPORT TO PEER–TO–PEER TELEHEALTH PROG RAMS 7
111		-	AS DEFINED IN § 11–1007 OF THE CRIMINAL PROCEDURE ARTICLE. 8
112		-
113		-	(d) The Executive Director of the Governor’s Office of Crime Prevention and 9
114		-	Policy shall: 10
115		-
116		-	(1) administer the Fund; 11
117		-
118		-	(2) establish and publish procedures for the distribution of funding to law 12
119		-	enforcement agencies; 13
120		-
121		-	(3) ensure each jurisdiction in the State that has a forensic laboratory is 14
122		-	able to access the Fund; 15
123		-
124		-	(4) consider the number of sexual assault incidents that were investigated 16
125		-	by a law enforcement agency in the prior fiscal year when distributing funding; [and] 17
126		-
127		-	(5) (I) ENSURE THAT FUNDS AR E DISTRIBUTED IN ACC ORDANCE 18
128		-	WITH SUBSECTION (C)(2) AND (3) OF THIS SECTION EACH FISCAL YEAR UNTIL AL L 19
129		-	SEXUAL ASSAULT EVIDE NCE COLLECTION KITS COLLECTED BEFORE OCTOBER 1, 20
130		-	2020, HAVE BEEN TESTED , OR IT HAS BEEN DETER MINED THAT TES TING IS NOT 21
131		-	REQUIRED UNDER § 11–926 OF THE CRIMINAL PROCEDURE ARTICLE; AND 22
132		-
133		-	(II) UNLESS THE APPROPRIA TION TO THE FUND IS REDUCED OR 23
134		-	FUNDING HAS BEEN AWA RDED FROM THE NATIONAL SEXUAL ASSAULT KIT 24
135		-	INITIATIVE FOR THE SA ME PURPOSE , ENSURE THAT FUNDS DI STRIBUTED UNDER 25
136		-	THIS PARAGRAPH ARE N OT LESS THAN THE AMO UNT DISTRIBUTED FOR THE PRIOR 26
137		-	FISCAL YEAR; AND 27
138		-
139		-	(6) submit a report with information on the distribution of funding to the 28
140		-	General Assembly, in accordance with § 2–1257 of the State Government Article, before 29
141		-	September 1 each year. 30
142		-	4 SENATE BILL 669
143		-
144		-
145		-	(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 1
146		-	the State Finance and Procurement Article. 2
147		-
148		-	(2) The State Treasurer shall hold the Fund separately, and the 3
149		-	Comptroller shall account for the Fund. 4
150		-
151		-	(f) The Fund consists of: 5
152		-
153		-	(1) money appropriated in the State budget to the Fund; 6
154		-
155		-	(2) any interest earnings of the Fund; and 7
156		-
157		-	(3) any other money from any other source accepted for the benefit of the 8
158		-	Fund. 9
159		-
160		-	(g) (1) The Fund may be used only for [equipment, supplies, personnel, and 10
161		-	outsourcing necessary for the testing of sexual assault evidence collection kits in forensic 11
162		-	laboratories] THE PURPOSES STATED IN SUBSECTION (C) OF THIS SECTION . 12
163		-
164		-	(2) Subject to paragraph (1) of this subsection, the Fund may be used for 13
165		-	equipment, supplies, personnel, and outsourcing necessary for the testing of sexual assault 14
166		-	evidence collection kits collected before or after the establishment of the Fund. 15
167		-
168		-	(3) THE FUND MAY NOT BE USED TO SUPPORT THE SEXUA L ASSAULT 16
169		-	EVIDENCE COLLECTION KIT TRACKING SYSTEM PROGRAM ESTABLISHED UNDER § 17
170		-	11–926.1 OF THE CRIMINAL PROCEDURE ARTICLE. 18
171		-
172		-	(h) (1) The State Treasurer shall invest the money of the Fund in the same 19
173		-	manner as other State money may be invested. 20
174		-
175		-	(2) Any interest earnings of the Fund, including interest earnings under 21
176		-	subsection (f) of this section, shall be credited to the Fund. 22
177		-
178		-	(i) (1) Expenditures from the Fund may be made only in accordance with the 23
179		-	State budget. 24
180		-
181		-	(2) THE EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF 25
182		-	CRIME PREVENTION AND POLICY MAY MAKE A GRA NT FROM THE FUND FOR A 26
183		-	PERIOD OF UP TO 36 MONTHS. 27
184		-
185		-	(j) Money expended from the Fund for testing of sexual assault evidence 28
186		-	collection kits is supplemental to and is not intended to take the place of funding that 29
187		-	otherwise would be appropriated for [testing of sexual assault evidence collection kits] THE 30
188		-	PURPOSES OF THE FUND AS STATED IN SUBSECTION (C) OF THIS SECTION . 31
189		-	SENATE BILL 669 5
190		-
191		-
192		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
193		-	October 1, 2025. 2
194		-
195		-
196		-
197		-
198		-	Approved:
199		-	________________________________________________________________________________
200		-	Governor.
201		-	________________________________________________________________________________
202		-	President of the Senate.
203		-	________________________________________________________________________________
204		-	Speaker of the House of Delegates.
	159	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
	160	+	October 1, 2025. 12