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.
Office of the Attorney General – Independent Investigation Division
Originally established in 2021, the Independent Investigation Division (IID) in the Office of the Attorney General (OAG) is the primary investigative unit for police‐involved incidents that result in the death of a civilian or injuries likely to cause the death of a civilian. In such cases, OAG is tasked with determining whether the incident is police‐involved and whether an injury is likely to cause death. IID is also authorized to investigate police misconduct claims that are discovered during the investigation of cases under IID’s jurisdiction. In its report covering police-involved deaths of civilians occurring in Maryland between October 1, 2021, and September 30, 2022, IID reported that it had investigated 13 fatal shootings, 7 fatal vehicle incidents, and 3 in‐custody deaths.
Senate Bill 290 expands the investigative jurisdiction of IID by specifying that IID is the primary investigative unit for police-involved incidents that result in the death of individuals or injuries likely to result in death (thereby affording it jurisdiction over cases in which the injured party is not a civilian). The bill also authorizes IID to investigate any other crime related to police misconduct that is discovered during these investigations.
The bill also gives the Attorney General exclusive authority to prosecute a criminal offense discovered in the course of IID’s investigation, unless the Attorney General requests that a State’s Attorney prosecute the offense. Among other provisions, the bill also authorizes the Attorney General to prosecute a police‐involved incident not otherwise within IID’s investigative jurisdiction if a State’s Attorney refers the case to the Attorney General for prosecution.
Probation Before Judgment
Probation before judgment requires a finding of guilt by a judge or jury – either after trial or after a guilty plea by the defendant. While probation before judgment is not considered a conviction under Maryland law, it is considered a conviction under federal law, including immigration law. Senate Bill 211/House Bill 193 authorize a court to place a defendant on probation before judgment if the defendant pleads not guilty, the court finds facts justifying a finding of guilt beyond a reasonable doubt, and specified conditions are met, including the consent of the State and a finding by the court that the best interests of the defendant and the public welfare would be served by granting a probation before judgment under this circumstance. The bills further establish related procedures and requirements.
Postconviction Procedures and Standards
Motion to Vacate
A person convicted of a “qualifying offense,” as designated in statute, 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. Specific procedural requirements apply to these motions, and a conviction that has been vacated under these provisions may not be considered a conviction for any purpose. A person who was convicted of a crime and had the conviction vacated under these circumstances is eligible to file a petition to expunge records regarding the vacated conviction, as specified in statute.
Senate Bill 292/House Bill 297 add the unauthorized use of a motor vehicle (under §14‐102 of the Transportation Article) and soliciting or offering to solicit prostitution or assignation (under § 11‐306 of the Criminal Law Article) to the list of qualifying offenses.
Medical Emergencies – Immunity
The act of seeking, providing, or assisting with the provision of medical assistance for another person who is experiencing a medical emergency after ingesting or using alcohol or drugs may be used as a mitigating factor in a criminal prosecution of (1) the person who experienced the medical emergency or (2) any person who sought, provided, or assisted in the provision of medical assistance. Furthermore, a person who, in good faith, seeks, provides, or assists with the provision of medical assistance for a person reasonably believed to be experiencing a medical emergency after ingesting or using alcohol or drugs must be immune from criminal arrest, charge, or prosecution for specified violations if the related evidence was obtained solely as a result of the person seeking, providing, or assisting with the provision of medical assistance.
Under existing statutory provisions, the same immunity applies to a person who reasonably believes that the person is experiencing a medical emergency after ingesting or using alcohol or drugs. Senate Bill 546/House Bill 427 specify that this immunity applies to a person who is experiencing a medical emergency, rather than a person who reasonably believes that the person is experiencing a medical emergency. Existing statutory provisions also prohibit a person who seeks, provides, or assists with the provision of medical assistance in accordance with statute from being sanctioned for a violation of a condition of pretrial release, probation, or parole if the evidence of the violation was obtained solely as a result of the person seeking, providing, or assisting with the provision of medical assistance. The bills also extend application of this provision to a person who is experiencing a medical emergency after ingesting or using alcohol or drugs if the evidence of the violation was obtained solely as a result of the person receiving the provision of medical assistance
Sexual Assault Evidence Collection Kits
Statutory provisions include specific requirements for the transfer, testing, and storage of sexual assault evidence collection kits. Senate Bill 789/House Bill 758 increase, from 20 to 75 years, the time after the collection of evidence during which a sexual assault evidence collection kit or other specified evidence cannot be destroyed or disposed of by a law enforcement agency, unless specified criteria are met. The bills also establish that sexual assault evidence collection kits collected before January 1, 2000, and stored by a hospital or child advocacy center must be (1) retained consistent with the requirements regarding the retention of sexual assault evidence collection kits and (2) transferred to a law enforcement agency for testing within 30 days after being identified as a sexual assault evidence collection kit, or as directed by the Office of the Attorney General. Among other provisions, the bills also address the reported increase in the use of self-administered sexual assault evidence collection kits by requiring such kits to be transferred to a law enforcement agency, as specified, and requiring the Maryland Sexual Assault Evidence Kit Policy and Funding Committee to issue a report by December 1, 2023, that makes recommendations for guidance on the use of self‐administered sexual assault evidence collection kits.
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