Criminal Procedure – Protection of Identity of Victim of Sexual Assault or Stalking, the official text

WES MOORE, Governor           Ch. 542

Chapter 542

                        (Senate Bill 294)

AN ACT concerning

Criminal Procedure – Protection of Identity of Victim of Sexual Assault or
                                                   Stalking

FOR the purpose of prohibiting a court or a party in a criminal or juvenile delinquency case
         from disclosing or allowing inspection of a certain court filing or record to a nonparty
         unless the court or the party redacts certain identifying information relating to a
         certain victim of sexual assault or victim of stalking that appears in the filing or
         record, subject to a certain exception; requiring a court to redact certain identifying
         information relating to a certain victim of sexual assault or victim of stalking from
         an existing filing or record on certain request; providing for disclosure or inspection
         of a certain record or filing by a certain health occupations board; and generally
         relating to protection of victims.

BY repealing and reenacting, with amendments,
         Article – Criminal Procedure
         Section 11–301
         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

11–301.

         (a) On motion of the State or on request of a victim or witness, during a criminal
trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the
address or telephone number of the victim or witness unless the court determines that good
cause is shown for the release of the information.

         (b) (1) (i)  In this subsection SECTION the following words have the
meanings indicated.

             (ii) (2)   “Identifying information” means the name of, and any

other information that could reasonably be expected to identify, a minor victim, A VICTIM

OF SEXUAL ASSAULT, OR A VICTIM OF STALKING.

             (iii) (3)  “Minor victim” means [a] AN ALLEGED victim of a crime

or delinquent act who was a minor at the time that the crime or delinquent act occurred.

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Ch. 542             2026 LAWS OF MARYLAND

          (IV) (4)  “VICTIM OF SEXUAL ASSAULT” MEANS AN ALLEGED

VICTIM OF SEXUALLY ASSAULTIVE BEHAVIOR AS DEFINED IN § 10–923 OF THE

COURTS ARTICLE OR A CRIME UNDER TITLE 3, SUBTITLE 11 OF THE CRIMINAL LAW

ARTICLE.

          (V) (5)   “VICTIM OF STALKING” MEANS AN ALLEGED VICTIM

OF STALKING AS DEFINED IN § 3–802 OF THE CRIMINAL LAW ARTICLE.

        (B) ON MOTION OF THE STATE OR ON REQUEST OF A VICTIM OR WITNESS,

DURING A CRIMINAL TRIAL OR A JUVENILE DELINQUENCY ADJUDICATORY

HEARING, A COURT MAY PROHIBIT THE RELEASE OF THE ADDRESS OR TELEPHONE

NUMBER OF THE VICTIM OR WITNESS UNLESS THE COURT DETERMINES THAT GOOD

CAUSE IS SHOWN FOR THE RELEASE OF THE INFORMATION.

          (2) (C)  Notwithstanding any other law, on notice that an electronic or

paper filing includes identifying information of a minor victim, unless the court finds by

clear and convincing evidence that there is good cause to order otherwise, the court or a

party in a criminal or juvenile delinquency case may not disclose or allow inspection of an

electronic or paper court filing, including a charging document, to a nonparty to the

criminal or juvenile delinquency case unless the court or the party disclosing or allowing

inspection of the filing redacts all identifying information that appears in the filing.

          (3) (D)  (1) NOTWITHSTANDING ANY OTHER LAW, ON NOTICE

THAT A CASE FILING OR RECORD INCLUDES IDENTIFYING INFORMATION OF A

VICTIM OF SEXUAL ASSAULT OR A VICTIM OF STALKING, UNLESS THE COURT FINDS

CLEAR AND CONVINCING EVIDENCE THAT THERE IS GOOD CAUSE TO ORDER

OTHERWISE, THE COURT OR A PARTY IN A CRIMINAL OR JUVENILE DELINQUENCY

CASE MAY NOT DISCLOSE OR ALLOW INSPECTION OF AN ELECTRONIC OR PAPER

COURT FILING OR RECORD, INCLUDING A CHARGING DOCUMENT, TO A NONPARTY

TO THE CRIMINAL OR JUVENILE DELINQUENCY CASE, EXCEPT TO THE VICTIM OR

THE VICTIM’S REPRESENTATIVE, UNLESS THE COURT OR THE PARTY DISCLOSING OR

ALLOWING INSPECTION OF THE FILING OR RECORD REDACTS ALL IDENTIFYING

INFORMATION THAT APPEARS IN THE FILING OR RECORD.

          (4) (2)  ON WRITTEN REQUEST OF A VICTIM OF SEXUAL ASSAULT OR

A VICTIM OF STALKING, THE COURT SHALL REDACT IDENTIFYING INFORMATION

RELATING TO THE VICTIM FROM AN EXISTING FILING OR RECORD.

                (3) (I) 1. A HEALTH OCCUPATIONS BOARD THAT HAS LICENSED

OR CERTIFIED THE DEFENDANT OR RESPONDENT MAY PETITION THE COURT TO
ORDER THE DISCLOSURE OR ALLOW INSPECTION OF AN UNREDACTED FILING OR

RECORD DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION FOR THE PURPOSE OF

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                                     WES MOORE, Governor  Ch. 542

INVESTIGATING OR OTHERWISE DISCIPLINING THE DEFENDANT OR RESPONDENT

FOR SEXUAL MISCONDUCT IN ACCORDANCE WITH § 1–212 OF THE HEALTH
OCCUPATIONS ARTICLE.

                                 2. THE HEALTH OCCUPATIONS BOARD SHALL SERVE
NOTICE OF THE PETITION ON EACH PARTY IN THE CASE.

                         (II) AFTER RECEIVING NOTICE OF A PETITION UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE STATE’S ATTORNEY SHALL NOTIFY
EACH VICTIM IN THE CASE:

                                 1. THAT A PETITION HAS BEEN FILED TO RELEASE THE
VICTIM’S IDENTIFYING INFORMATION TO A HEALTH OCCUPATIONS BOARD FOR THE
PURPOSE OF DISCIPLINE AGAINST THE DEFENDANT OR RESPONDENT;

                                 2.  OF THE TYPE OF INFORMATION THAT MAY BE
RELEASED TO THE BOARD;

                                 3. HOW THE VICTIM MAY OBJECT TO THE DISCLOSURE
TO OR INSPECTION OF THE UNREDACTED FILING OR RECORD; AND

                                 4. OF THE SEXUAL ASSAULT CRISIS PROGRAMS
CERTIFIED UNDER § 11–923 OF THIS TITLE.

                         (III) UNLESS A VICTIM IN THE CASE OBJECTS, AN

INVESTIGATION OR OTHER DISCIPLINARY ACTION TAKEN BY A HEALTH

OCCUPATIONS BOARD AGAINST A DEFENDANT IN ACCORDANCE WITH § 1–212 OF
THE HEALTH OCCUPATIONS ARTICLE IS GOOD CAUSE TO ALLOW DISCLOSURE OR
INSPECTION OF AN UNREDACTED FILING OR RECORD.

                         (IV) A HEALTH OCCUPATIONS BOARD THAT OBTAINS A FILING

OR RECORD UNDER THIS PARAGRAPH MAY NOT PUBLICLY DISCLOSE THE RECORD

OR FILING.

         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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