Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement, the official text

WES MOORE, Governor           Ch. 406

Chapter 406

                   (House Bill 491)

AN ACT concerning

Criminal Procedure – Victims of Sexually Assaultive Behavior – Request for
                                       Verbal Acknowledgement

FOR the purpose of prohibiting a law enforcement agency from making a certain request
         for verbal acknowledgement in an interaction with a certain victim; and generally
         relating to victims of sexually assaultive behavior.

BY repealing and reenacting, with amendments,
         Article – Criminal Procedure
         Section 11–929
         Annotated Code of Maryland
         (2025 Replacement Volume)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Criminal Procedure

11–929.

(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 OR MAKE A REQUEST FOR VERBAL ACKNOWLEDGEMENT 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;

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Ch. 406  2026 LAWS OF MARYLAND

                  (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.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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