New Maryland laws take effect on October 1, 2023! We will be publishing a series of posts highlighting a few of the newly enacted laws. This series is just a small sampling of the new laws enacted by the 2023 Legislative Session. To read about more laws resulting from the 2023 session, see the list of new laws published by the Department of Legislative Services (DLS) of the General Assembly of Maryland. For a full listing of new laws effective October 1, 2023, check out the List of Laws effective on October 1, 2023 from DLS.
Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2023 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online. In addition, by visiting the link for specific legislation, you can view documents at the “Witness List” link for each bill that argue for and against that legislation.
Victims of Crime
Victim Services Stabilization Funding
The Crime Victims Fund, established by the federal Victims of Crime Act (VOCA) of 1984, is a major funding source for victim services throughout the country. The purpose of the VOCA program is to improve the treatment of victims of crime by providing victims with the assistance and services necessary to aid their restoration after a violent criminal act and to support and aid victims as they move through the criminal justice process. Federal funding awards under VOCA have fluctuated in recent years, with amounts ranging from $18.9 million to $61.1 million. To ensure that a stable level of funding is provided to programs that receive and use VOCA funds to support victim services, Senate Bill 148/House Bill 186 require the Governor, in each fiscal year, to include in the annual budget bill an appropriation that, together with the amount received under federal VOCA funds in the prior year, totals an aggregate $60 million for specified victim services programs. Despite the mandated appropriation established by the bills, should federal funding continue at the level received in the most recent federal fiscal year, general fund expenditures would not increase beyond amounts that have been appropriated in recent years even in the absence of the mandated funding requirement.
Among other provisions, the bills also (1) require the Governor’s Office of Crime Prevention, Youth, and Victim Services (GOCPYVS) to help support programs providing services for victims of crime throughout the State; (2) authorize GOCPYVS to award grants to public or private nonprofit organizations to operate the victim services programs; and (3) require GOCPYVS to ensure that State funds awarded under the bill are administered and used in accordance with specified requirements.
Victims’ Rights and Safety Considerations
Victims of Sexually Assaultive Behavior:
Certain acts are designated in statute as “sexually assaultive behavior,” including those acts that constitute sexual crimes under Title 3, Subtitle 3 of the Criminal Law Article. Senate Bill 391/House Bill 174 expand upon the broad range of specific rights afforded to victims during the criminal justice process by requiring an assistant State’s Attorney to meet with a victim of sexually assaultive behavior at the request of the victim after a decision by the Office of the State’s Attorney not to file a charging document against an alleged suspect or to dismiss charges against an alleged suspect.
No Contact Provisions:
Under existing statute, a person charged with committing specified offenses may not violate a condition of pretrial or posttrial release prohibiting the person from contacting, harassing, or abusing an alleged victim or going in or near the alleged victim’s residence or place of employment. However, the statute has been interpreted by some judges as requiring that the individual was actually released (and not incarcerated) at the time of the prohibited contact. Senate Bill 487/House Bill 411 explicitly establish that a person, including an incarcerated person, is prohibited from violating a condition of pretrial or posttrial release or other pretrial or posttrial condition that prohibits the person from contacting, harassing, or abusing an alleged victim or going in or near an alleged victim’s residence or place of employment if the person is charged with committing specified offenses.
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