§ 11-929

Maryland § 11-929

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 11

Text

(a) (1) In this section the following words have the meanings indicated.

(2) “Law enforcement agency” has the meaning stated in § 3–201(d) of the Public Safety Article.

(3) “Sexually assaultive behavior” has the meaning stated in § 10–923 of the Courts Article.

(4) “Victim” means any person suspected to have been subjected to sexually assaultive behavior or who claims to have been subjected to sexually assaultive behavior.

(b) In an interaction with a victim, a law enforcement agency may not present to the victim a form purporting to:

(1) relieve the law enforcement agency of an obligation to the victim;

(2) preclude or define the scope of an investigation by the law enforcement agency into an act allegedly committed against the victim;

(3) prevent or limit a prosecution of an act allegedly committed against the victim; or

(4) limit a private right of action of the victim pertaining to an act allegedly committed against the victim or the victim’s interaction with the law enforcement agency.

(c) If a victim requests that the scope of an investigation be limited or that an investigation be temporarily or permanently suspended, the law enforcement agency shall:

(1) thoroughly document the request; and

(2) follow up with the victim in accordance with practices recommended by the Maryland Police Training and Standards Commission.

(d) If a law enforcement agency violates this section, an affected victim may bring an action seeking injunctive or declaratory relief.

(e) (1) On or before January 1, 2021, each law enforcement agency in the State shall adopt a policy to enforce the provisions of this section.

(2) On or before January 15, 2021, each law enforcement agency shall provide a copy of the policy required under this subsection to the Maryland Sexual Assault Evidence Kit Policy and Funding Committee.