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.
Juvenile Law
Victims of Sex Trafficking and Human Trafficking
Senate Bill 292/House Bill 297 (1) alter procedures that a law enforcement officer and court must follow when there is reason to believe a child, who has been detained, is a victim of sex trafficking or a victim of human trafficking; (2) prohibit the criminal prosecution of or a juvenile proceeding against a minor for a “qualifying offense,” a “violation” (specified offenses for which a citation may be issued), or an offense under Section 3‐1102 of the Criminal Law Article (sex trafficking) if the minor committed the underlying act as a direct result of sex trafficking; and (3) expand the list of qualifying offenses for which a person may file a motion to vacate judgment if the person’s participation was a direct result of being a victim of human trafficking.
Under current law, a law enforcement officer who has reason to believe that a child who has been detained is a victim of sex trafficking must notify any appropriate regional navigator for the jurisdiction where the child was taken into custody or where the child is a resident that the child is a suspected victim of sex trafficking. The bills extend the notification requirement to suspected victims of human trafficking and specify that the notification must be made as soon as practicable so the regional navigator can coordinate a service response. The bills also require a law enforcement officer to (1) report to the local child welfare agency that a child is a suspected victim of sex trafficking or human trafficking and (2) release the child to the child’s parents, guardian, or custodian if it is safe and appropriate to do so, or to the local child welfare agency if there is reason to believe that the child’s safety will be at risk if the child is returned to the parent, guardian, or custodian. A law enforcement officer who takes a child who is a suspected victim of sex trafficking or human trafficking into custody is prohibited from detaining the child in a juvenile detention facility if the reason for detaining the child is a suspected violation of a qualifying offense or offense under Section 3‐1102 of the Criminal Law Article.
Under the bills, at any time after a petition has been filed alleging that a child has committed a qualifying offense, a violation, or an offense under Section 3‐1102 of the Criminal Law Article, the juvenile court, on its own motion or on motion of the child’s counsel or the State, must stay all proceedings and refer the child to a regional navigator and notify the Department of Human Services. The court must schedule a hearing within 15 days after a motion is filed to determine, on the record and by a preponderance of the evidence, whether the child is a victim of sex trafficking or human trafficking and committed the qualifying offense, violation, or offense under Section 3‐1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or human trafficking. If the court finds that the child is a victim of sex trafficking or human trafficking and committed the underlying act as a direct result of being such a victim, the court must dismiss the charge for any qualifying offense, violation, or offense under Section 3‐1102 of the Criminal Law Article.
Under current law, a person convicted of a “qualifying offense” may file a motion to vacate the judgment if the person’s participation in the offense was a direct result of being a victim of human trafficking. The bills expand the definition of “qualifying offense” to include the offenses of unauthorized use of a motor vehicle under Section 14-102 of the Transportation Article and soliciting or offering to solicit prostitution or assignation under Section 11-306 of the Criminal Law Article.
Juvenile Court Jurisdiction – Juvenile Offenses on Military Installations
Senate Bill 115/House Bill 749 establish that the jurisdiction of the juvenile court is concurrent with a federal court sitting in the State over proceedings involving a violation of federal law committed by a child on a military installation of the United States Department of Defense if (1) the federal court waives exclusive jurisdiction and (2) the violation of federal law is also a crime under State law. The bills also clarify that these provisions do not affect the Governor’s ability to enter into an agreement with the United States to establish full or partial concurrent jurisdiction for the purpose of enforcing civil or criminal law
NB: There is good backgrounder from the Congressional Research Service: Juvenile Delinquents and Federal Criminal Law: The Federal Juvenile Delinquency Act and Related Matters in Short
AACPLL Blog: Law Library News 