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Maryland Code, Criminal Procedure § 11-926.1

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) The Governor's Office of Crime Prevention and Policy shall establish and administer a reporting program for tracking the location, status, and chain of custody for sexual assault evidence collection kits.

(2) The reporting program shall:

(i) track the location, status, and chain of custody of sexual assault evidence collection kits in the State;

(ii) receive information relating to the location, status, and chain of custody from any law enforcement agency or person with control or possession of a sexual assault evidence collection kit; and

(iii) allow for a victim or a victim's representative to track the location, status, and chain of custody of a sexual assault evidence collection kit containing samples taken from the victim.

(3)(i) Information contained in the reporting system is not open to public inspection.

(ii) The Governor's Office of Crime Prevention and Policy may disclose information contained in the reporting system only to:

1. the victim about whom the information pertains;

2. a victim's representative for the victim about whom the information pertains;

3. a sexual assault crisis program established under § 11-923 of this subtitle;

4. a child advocacy center established under § 11-928 of this subtitle;

5. a law enforcement agency;

6. a State's Attorney;

7. a person authorized by the Governor's Office of Crime Prevention and Policy to receive the information; or

8. a person entitled to receive the information by federal or State law, subpoena, court rule, or court order.

(b)(1) Subject to paragraph (2) of this subsection, beginning October 1, 2023, a law enforcement agency or any person, including a health care provider, forensic laboratory, or State's Attorney, that has control or possession of a sexual assault evidence collection kit shall:

(i) report location, status, and chain of custody information to the reporting program established under this section in a manner required by the Governor's Office of Crime Prevention and Policy; and

(ii) comply with all regulations developed by the Governor's Office of Crime Prevention and Policy under this section.

(2) A law enforcement agency or a person, including a health care provider, forensic laboratory, or State's Attorney, that had control or possession of a sexual assault evidence collection kit before October 1, 2023, and has control or possession of the sexual assault evidence collection kit on or after October 1, 2023, shall report location, status, and chain of custody information to the reporting program established under this section on or before December 31, 2025.

(c)(1) The Governor's Office of Crime Prevention and Policy, in consultation with the Maryland Sexual Assault Evidence Kit Policy and Funding Committee, shall adopt any regulations necessary to carry out this section.

(2) Regulations adopted by the Governor's Office of Crime Prevention and Policy in accordance with this section shall include:

(i) requirements for reporting the location and chain of custody of a sexual assault evidence collection kit to the program established by the Governor's Office of Crime Prevention and Policy under this section; and

(ii) procedures for disclosing information about sexual assault evidence collection kits included in the reporting program, including disclosure to parties authorized to receive information contained in the reporting system.

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Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 11-926.1 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-11-926-1/

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