reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part IV - Criminal History Records Check Requests -- Counties and Municipalities › Section 10-234.2 - Talbot County

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    The Director of Administrative Services of Talbot County may request from the Central Repository a State and national criminal history records check for a prospective employee or volunteer of Talbot County.
(c)    (1)    As part of the application for a criminal history records check, the Director of Administrative Services shall submit to the Central Repository:
(i)    two complete sets of the prospective employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
(iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(2)    In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective employee or volunteer and the Director of Administrative Services of Talbot County the prospective employee’s or volunteer’s criminal history record information.
(3)    Information obtained from the Central Repository under this section:
(i)    is confidential and may not be redisseminated; and
(ii)    may be used only for a personnel–related purpose concerning a prospective employee of or volunteer for the county as authorized by this section.
(4)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
(d)    The governing body of Talbot County shall adopt guidelines to carry out this section.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part IV - Criminal History Records Check Requests -- Counties and Municipalities › Section 10-235 - Washington County

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    The County Administrator in Washington County may request with reference to a prospective employee of Washington County:
(1)    a State and national criminal history records check from the Central Repository; or
(2)    a background investigation from an independent private investigation agency.
(c)    (1)    As part of the application for a criminal history records check, the County Administrator of Washington County shall submit to the Central Repository:
(i)    two complete sets of the prospective employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
(iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(2)    In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the prospective employee and the County Administrator of Washington County the prospective employee’s criminal history record information.
(3)    Information obtained from the Central Repository under this section:
(i)    is confidential and may not be redisseminated; and
(ii)    may be used only for the employment purpose authorized by this section.
(4)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
(d)    The County Administrator of Washington County shall pay to the independent private investigation agency the fee that is imposed for each request made under subsection (b) of this section.
(e)    The County Commissioners of Washington County may adopt regulations, guidelines, and policies to carry out this section.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part IV - Criminal History Records Check Requests -- Counties and Municipalities › Section 10-236.1 - Wicomico County

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    The Director of Administration of Wicomico County may request from the Central Repository a State and national criminal history records check for a prospective or current employee of Wicomico County.
(c)    (1)    As part of the application for a criminal history records check, the Director of Administration shall submit to the Central Repository:
(i)    two complete sets of the prospective or current employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
(iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(2)    In accordance with this subtitle, the Central Repository shall forward to the prospective or current employee and the Director of Administration the prospective or current employee’s criminal history record information.
(3)    Information obtained from the Central Repository under this section:
(i)    is confidential and may not be redisseminated; and
(ii)    may be used only for the employment purpose authorized by this section.
(4)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
(d)    The County Executive of Wicomico County shall propose and the County Council of  Wicomico County shall adopt guidelines to carry out this section.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part IV - Criminal History Records Check Requests -- Counties and Municipalities › Section 10-236.2 - City of Frederick

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    The City of Frederick Police Department may request from the Central Repository State and national criminal history records checks for each taxi driver applicant in the City of Frederick.
(c)    (1)    As part of the application for a criminal history records check, the City of Frederick Police Department shall submit to the Central Repository:
(i)    two complete sets of the taxi driver applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
(iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(2)    In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the taxi driver applicant and the City of Frederick Police Department the taxi driver applicant’s criminal history record information.
(d)    Information obtained from the Central Repository under this section:
(1)    is confidential and may not be redisseminated; and
(2)    may be used only for the employment purpose authorized by this section.
(e)    A taxi driver applicant who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part IV - Criminal History Records Check Requests -- Counties and Municipalities › Section 10-236.3 - Ocean City

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    The Ocean City Police Department may request from the Central Repository State and national criminal history records checks for each taxi driver applicant in Ocean City.
(c)    (1)    As part of the application for a criminal history records check, the Ocean City Police Department shall submit to the Central Repository:
(i)    two complete sets of the taxi driver applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and
(iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(2)    In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the taxi driver applicant and the Ocean City Police Department the taxi driver applicant’s criminal history record information.
(d)    Information obtained from the Central Repository under this section:
(1)    is confidential and may not be redisseminated; and
(2)    may be used only for the employment purpose authorized by this section.
(e)    A taxi driver applicant who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-238 - Electronic Information Sharing System

(a)    This Compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment.
(b)    Under this Compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-240 - Purposes of the Compact

The purposes of this Compact are to:
(1)    provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;
(2)    require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Section 10-244 of this subtitle;
(3)    require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history records repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Section 10-244 of this subtitle;
(4)    provide for the establishment of a council to monitor III System operations and to prescribe System rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and
(5)    require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, System security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-242 - Criminal History Records

(a)    To the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history records repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General and that authorizes national indices checks.
(b)    The FBI, to the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), and state criminal history records repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General, that authorizes national indices checks.
(c)    Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Section 10-244 of this subtitle, which procedures shall protect the accuracy and privacy of the records, and shall:
(1)    ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;
(2)    require that subsequent record checks are requested to obtain current information whenever a new need arises; and
(3)    ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-243 - Criminal History Records -- Procedure

(a)    Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history records checks for noncriminal justice purposes.
(b)    Each request for a criminal history records check utilizing the national indices made under any approved state statute shall be submitted through that state’s criminal history records repository. A state criminal history records repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history records repository or the FBI.
(c)    Each request for a criminal history records check utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history records repository consents to process fingerprint submissions, through the criminal history records repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.
(d)    A state criminal history records repository or the FBI:
(1)    may charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and
(2)    may not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
(e)    (1)    If a state criminal history records repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.
(2)    If, with respect to a request forwarded by a state criminal history records repository under paragraph (1) of this subsection, the FBI positively identifies the subject as having a III System-indexed record or records:
(i)    the FBI shall so advise the state criminal history records repository; and
(ii)    the state criminal history records repository shall be entitled to obtain the additional criminal history records information from the FBI or other state criminal history records repositories.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-245 - Effective Date; Ratification

(a)    This Compact shall take effect upon being entered into by two or more states as between those states and the federal government. Upon subsequent entering into this Compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it.
(b)    When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-246 - Matters Not Affected by Compact

(a)    Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s Advisory Policy Board (APB) chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
(b)    Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.
(c)    Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history records repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Section 10-244 of this subtitle, regarding the use and dissemination of criminal history records and information.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-247 - Renunciation of Compact

(a)    This Compact shall bind each party state until renounced by the party state.
(b)    Any renunciation of this Compact by a party state shall:
(1)    be effected in the same manner by which the party state ratified this Compact; and
(2)    become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-248 - Severability of Provisions

The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part V - National Crime Prevention and Privacy Compact › Section 10-249 - Adjudication of Disputes

(a)    The Council shall:
(1)    have initial authority to make determinations with respect to any dispute regarding:
(i)    interpretation of this Compact;
(ii)    any rule or standard established by the Council pursuant to Section 10-244 of this subtitle; and
(iii)    any dispute or controversy between any parties to this Compact; and
(2)    hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of Section 10-244(e) of this subtitle.
(b)    The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain System policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.
(c)    The FBI or a party state may appeal any decision of the Council to the Attorney General, and thereafter may file suit in the appropriate District Court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court shall be removed to the appropriate District Court of the United States in the manner provided by Section 1446 of Title 28, or other statutory authority.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 3 - Shielding › Section 10-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Court record” has the meaning stated in § 10–101 of this title.
(c)    “Criminal justice unit” has the meaning stated in § 10–201 of this title.
(d)    “Police record” has the meaning stated in § 10–101 of this title.
(e)    “Shield” means to render a court record and police record relating to a conviction of a crime inaccessible by members of the public.
(f)    “Shieldable conviction” means a conviction of one of the following crimes:
(1)    disorderly conduct under § 10–201(c)(2) of the Criminal Law Article;
(2)    disturbing the peace under § 10–201(c)(4) of the Criminal Law Article;
(3)    failure to obey a reasonable and lawful order under § 10–201(c)(3) of the Criminal Law Article;
(4)    malicious destruction of property in the lesser degree under § 6–301 of the Criminal Law Article;
(5)    trespass on posted property under § 6–402 of the Criminal Law Article;
(6)    possessing or administering a controlled dangerous substance under § 5–601 of the Criminal Law Article;
(7)    possessing or administering a noncontrolled substance under § 5–618(a) of the Criminal Law Article;
(8)    use of or possession with intent to use drug paraphernalia under § 5–619(c)(2) of the Criminal Law Article;
(9)    driving without a license under § 16–101 of the Transportation Article;
(10)    driving while privilege is canceled, suspended, refused, or revoked under  § 16–303 of the Transportation Article;
(11)    driving while uninsured under § 17–107 of the Transportation Article; or
(12)    a prostitution offense under § 11–303 of the Criminal Law Article if the conviction is for prostitution and not assignation.
(g)    “Unit” means two or more convictions that arise from the same incident, transaction, or set of facts.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 3 - Shielding › Section 10-302 - Accessibility of Shielded Record

(a)    This subtitle does not apply to a conviction of a domestically related crime under § 6–233 of this article.
(b)    A shielded record shall remain fully accessible by:
(1)    criminal justice units for legitimate criminal justice purposes;
(2)    prospective or current employers or government licensing agencies that are subject to a statutory or  regulatory requirement or authorization to inquire into the criminal background of an applicant or employee for purposes of carrying out that requirement or authorization;
(3)    a person that is authorized or required to inquire into an individual’s criminal background under § 5–561(b), (c), (d), (e), (f), or (g) of the Family Law Article;
(4)    the person who is the subject of the shielded record and that person’s attorney;
(5)    health occupations boards established under the Health Occupations Article;
(6)    the Natalie M. LaPrade Medical Cannabis Commission established under Title 13, Subtitle 33 of the Health – General Article;
(7)    a person that uses volunteers who care for or supervise children;
(8)    a person that attests under the penalty of perjury that the person employs or seeks to employ an individual to care for or supervise a minor or vulnerable adult, as defined in § 3–604 of the Criminal Law Article; and
(9)    a person  who is accessing a shielded record on behalf of and with written authorization from a person or governmental entity described in items (1) through (8) of this subsection.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 3 - Shielding › Section 10-303 - Petition; Eligibility for Shielding; Objection by State's Attorney; Hearings; Notice to Victims

(a)    A person may petition the court to shield the person’s court and police records relating to  one or more shieldable convictions entered  in the circuit court or the District Court in one county no earlier than 3 years after the person satisfies the sentence or sentences imposed for all convictions for which shielding is requested, including parole, probation, or mandatory supervision.
(b)    (1)    If the person is convicted of a new crime during the applicable time period set forth in subsection (a) of this section, the original conviction or convictions are not eligible for shielding unless the new conviction becomes eligible for shielding.
(2)    A person is not eligible for shielding if the person is a defendant in a pending criminal proceeding.
(c)    If a person is not eligible for shielding of one conviction in a unit, the person is not eligible for shielding of any other conviction in the unit.
(d)    (1)    The court shall have a copy of a petition for shielding served on the State’s Attorney.
(2)    Unless the State’s Attorney files an objection to the petition for shielding within 30 days after the petition is served, the court may order the shielding of all police records and court records relating to the conviction or convictions after taking into consideration any objections or additional information provided by the State’s Attorney or the victim.
(e)    (1)    If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2)    If the court, at the hearing, finds that the person is entitled to shielding, the court shall order the shielding of all police records and court records relating to the conviction or convictions.
(3)    The court may grant a petition under this subsection for good cause.
(4)    A person may be granted only one shielding petition over the lifetime of the person.
(f)    The court shall send written notice of the proposed action to all listed victims in the case in which the petitioner is seeking shielding at the address listed in the court file advising the victim or victims of the right to offer additional information relevant to the shielding petition to the court.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 3 - Shielding › Section 10-306 - Prohibited Disclosures

(a)    A person authorized to access a shielded record under § 10–302(b) of this subtitle may not disclose any information from a shielded record to a person who is not authorized to access shielded records under § 10–302(b) of this subtitle.
(b)    (1)    Except as provided in § 10–302(b) of this subtitle, an employer may not:
(i)    require a person who applies for employment to disclose shielded information about criminal charges in an application, an interview, or otherwise; or
(ii)    discharge or refuse to hire a person solely because the person refused to disclose information about criminal charges that have been shielded.
(2)    An educational institution may not:
(i)    require a person who applies for admission to the institution to disclose shielded information about criminal charges in an application, an interview, or otherwise; or
(ii)    expel or refuse to admit a person solely because the person refused to disclose information about criminal charges that have been shielded.
(3)    Except as provided in § 10–302(b) of this subtitle, a unit, an official, or an employee of the State or a political subdivision of the State may not:
(i)    require a person who applies for a permit, registration, or government service to disclose shielded information about criminal charges in an application, an interview, or otherwise; or
(ii)    deny a person’s application for a permit, registration, or government service solely because the person refused to disclose information about criminal charges that have been shielded.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 4 - Maryland Judiciary Case Search Records › Section 10-401 - Restrictions on References to Certain Records of Charges in Judiciary Case Search

The Maryland Judiciary Case Search may not in any way refer to the existence of records of a charge in a case with electronic records if the charge resulted in:
(1)    acquittal;
(2)    dismissal; or
(3)    nolle prosequi, except nolle prosequi with the requirement of drug or alcohol treatment.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part I - Definitions; Rights Available Throughout Proceedings › Section 11-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Child respondent” means a person who:
(1)    in a petition filed in juvenile court, is alleged to have committed a delinquent act; or
(2)    has committed a delinquent act.
(c)    “Delinquent act” has the meaning stated in § 3–8A–01 of the Courts Article.
(d)    “MDEC system” means the system of electronic filing and case management established by the Maryland Court of Appeals.
(e)    “Prosecuting attorney” means:
(1)    the State’s Attorney;
(2)    the State’s Attorney’s designee;
(3)    when performing a prosecutorial function at the trial level, the Attorney General or the Attorney General’s designee; or
(4)    the State Prosecutor or the State Prosecutor’s designee.
(f)    “Victim stay–away alert technology” means a system of electronic monitoring that is capable of notifying a victim if the defendant is at or near a location from which the defendant has been ordered by the court to stay away.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part I - Definitions; Rights Available Throughout Proceedings › Section 11-102 - Victim's Right to Attend Proceedings

(a)    If practicable, a victim or victim’s representative who has filed a notification request form under § 11-104 of this subtitle has the right to attend any proceeding in which the right to appear has been granted to a defendant.
(b)    As provided in § 9-205 of the Courts Article, a person may not be deprived of employment solely because of job time lost because the person attended a proceeding that the person has a right to attend under this section.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part I - Definitions; Rights Available Throughout Proceedings › Section 11-103 - Appeals

(a)    (1)    In this section, “crime” means:
(i)    a crime;
(ii)    a delinquent act that would be a crime if committed by an adult; or
(iii)    except as provided in paragraph (2) of this subsection, a crime or delinquent act involving, causing, or resulting in death or serious bodily injury.
(2)    “Crime” does not include an offense under the Maryland Vehicle Law or under Title 8, Subtitle 7 of the Natural Resources Article unless the offense is punishable by imprisonment.
(b)    Although not a party to a criminal or juvenile proceeding, a victim of a crime for which the defendant or child respondent is charged may file an application for leave to appeal to the Court of Special Appeals from an interlocutory order or appeal to the Court of Special Appeals from a final order that denies or fails to consider a right secured to the victim by subsection (e)(4) of this section, § 4–202 of this article, § 11–102 or § 11–104 of this subtitle, § 11–302, § 11–402, § 11–403, or § 11–603 of this title, § 3–8A–06, § 3–8A–13, or § 3–8A–19 of the Courts Article, or § 6–112 of the Correctional Services Article.
(c)    The filing of an application for leave to appeal under this section does not stay other proceedings in a criminal or juvenile case unless all parties consent.
(d)    (1)    For purposes of this section, a victim’s representative, including the victim’s spouse or surviving spouse, parent or legal guardian, child, or sibling, may represent a victim of a crime who dies or is disabled.
(2)    If there is a dispute over who shall be the victim’s representative, the court shall designate the victim’s representative.
(e)    (1)    In any court proceeding involving a crime against a victim, the court shall ensure that the victim is in fact afforded the rights provided to victims by law.
(2)    If a court finds that a victim’s right was not considered or was denied, the court may grant the victim relief provided the remedy does not violate the constitutional right of a defendant or child respondent to be free from double jeopardy.
(3)    A court may not provide a remedy that modifies a sentence of incarceration of a defendant or a commitment of a child respondent unless the victim requests relief from a violation of the victim’s right within 30 days of the alleged violation.
(4)    (i)    A victim who alleges that the victim’s right to restitution under § 11–603 of this title was not considered or was improperly denied may file a motion requesting relief within 30 days of the denial or alleged failure to consider.
(ii)    If the court finds that the victim’s right to restitution under § 11–603 of this title was not considered or was improperly denied, the court may enter a judgment of restitution.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part I - Definitions; Rights Available Throughout Proceedings › Section 11-105 - Opportunity to Request Victim Protection Prior to Issuance of Arrest Warrant or Summons

On a finding of probable cause and before the issuance of an arrest warrant or a summons, a judicial officer shall provide to an individual filing an application for a statement of charges under Maryland Rule 4–211(b) an opportunity to request reasonable protections for the safety of an alleged victim or the victim’s family.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-107 - Definitions

(a)    In Part II of this subtitle the following words have the meanings indicated.
(b)    “Charged” means to be the subject of an indictment, an information, or a petition alleging a delinquent act.
(c)    “Health officer” has the meaning stated in § 1–101 of the Health – General Article.
(d)    “HIV” means any human immunodeficiency virus that causes Acquired Immune Deficiency Syndrome (AIDS).
(e)    (1)    “Prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV or hepatitis C.
(2)    “Prohibited exposure” includes:
(i)    contact that occurs on penetration, however slight, between the penis and the vulva or anus; and
(ii)    contact between the mouth and the penis, vulva, or anus.
(f)    (1)    “Victim” means the victim of a prohibited exposure.
(2)    “Victim” includes:
(i)    a law enforcement officer who is exposed to HIV or hepatitis C while acting in the performance of duty;
(ii)    a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV or hepatitis C while acting in the performance of duty;
(iii)    a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV or hepatitis C while acting in the performance of duty; and
(iv)    an individual who is licensed, certified, or otherwise authorized to provide health care under the Health Occupations Article who is exposed to HIV or hepatitis C while working under the direction of a law enforcement agency or while performing a sexual assault medical evidence collection examination.
(g)    “Victim’s representative” means:
(1)    the parent of a victim who is a minor;
(2)    the legal guardian of a victim; or
(3)    the person authorized to give consent for the victim under § 5–605 of the Health – General Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-108 - Elements of Conviction

For the purposes of Part II of this subtitle, a person is convicted when in a criminal proceeding the person:
(1)    is found guilty; or
(2)    enters a plea of guilty or nolo contendere and the plea is accepted by the court.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-109 - Elements of Exposure

(a)    In this section, “body fluids” has the meaning stated in § 18–338.1 of the Health – General Article.
(b)    Exposure to HIV or hepatitis C between a victim and a person charged with a prohibited exposure occurs:
(1)    by percutaneous or mucocutaneous contact with blood or body fluids;
(2)    by contact for a prolonged period with blood or body fluids of an open wound, including dermatitis, exudative lesions, and chapped skin;
(3)    by intact skin contact for a prolonged period with large amounts of blood or body fluids; or
(4)    under any other condition or circumstance under which a person may be exposed to HIV or hepatitis C.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-110 - Hiv or Hepatitis C Testing of Charged Person

In addition to testing allowed under § 11–112 of this subtitle, the court may order a person charged with a prohibited exposure to give a blood sample to be tested for the presence of HIV or hepatitis C if:
(1)    the person is charged with a prohibited exposure within 1 year after the prohibited exposure occurred;
(2)    a victim or victim’s representative requests the testing in writing to the State’s Attorney in the county where the prohibited exposure occurred; and
(3)    the court finds probable cause to believe that a prohibited exposure occurred.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-110.1 - Emergency Order for Hiv Testing

(a)    In this section, “health care provider” has the meaning stated in § 18–336 of the Health – General Article.
(b)    (1)    A circuit court judge or a District Court judge may issue an emergency order to obtain an oral swab from a person to be tested for the presence of HIV whenever it is made to appear to a judge, by application as described in paragraph (2) of this subsection, that there is probable cause to believe that the person has caused prohibited exposure to a victim.
(2)    An application for an emergency order shall be:
(i)    made as soon as possible after the alleged prohibited exposure, and in no event later than 72 hours after the alleged prohibited exposure;
(ii)    in writing, signed and sworn to by the applicant, and accompanied by an affidavit that sets forth the basis to believe that the person from whom an oral swab is requested has caused a prohibited exposure to a victim;
(iii)    sealed; and
(iv)    subject to rules developed by the Court of Appeals.
(3)    An emergency order issued under this subsection shall meet the requirements under § 1–203 of this article.
(4)    The Court of Appeals may adopt rules to carry out the requirements of this subsection.
(c)    (1)    A law enforcement officer who has obtained an oral swab from a person pursuant to an emergency order issued in accordance with this section shall deliver the oral swab to a local health official or health care provider to be tested for the presence of HIV.
(2)    A test for the presence of HIV shall be immediately performed on the sample.
(d)    After receiving the results of a test conducted under subsection (c) of this section, the local health officer or health care provider immediately shall provide the results to:
(1)    the victim or victim’s representative; and
(2)    the person from whom the oral swab was taken.
(e)    The results of a test conducted under subsection (c) of this section are:
(1)    subject to the disclosure restriction in § 11–114 of this subtitle; and
(2)    not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.
(f)    The Maryland Department of Health shall adopt regulations to carry out the requirements of subsections (c) through (g) of this section.
(g)    A health care provider that offers the immediate testing of a sample under subsection (c) of this section shall adopt procedures to meet the requirements under this section.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-111 - Hearing

(a)    (1)    Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim’s representative and the person charged with a prohibited exposure have the right to be present.
(2)    The victim or victim’s representative and the person charged with a prohibited exposure shall be notified of:
(i)    the date, time, and location of the hearing; and
(ii)    their right to be present at the hearing.
(b)    During the hearing, a court may admit into evidence only affidavits, counter-affidavits, and medical records that:
(1)    relate to the material facts of the case; and
(2)    support or rebut a finding of probable cause to issue a court order.
(c)    The written request of the victim or victim’s representative shall be filed by the State’s Attorney with the court and sealed by the court.
(d)    Except for good cause, the court shall:
(1)    hold the hearing within 30 days of the State’s Attorney’s presentment of the victim’s written request to the court; and
(2)    issue an order granting or denying the request within 3 days of the conclusion of the hearing.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-112 - Hiv or Hepatitis C Testing After Conviction, Probation Before Judgment, or Adjudication

(a)    Within 10 days of a written request of a victim or victim’s representative to the State’s Attorney in the county where a prohibited exposure occurred, the court shall order a test of a blood sample for HIV and any other identified causative agent of AIDS or hepatitis C.
(b)    The blood sample shall be given by:
(1)    a person who has been convicted of a crime that includes a prohibited exposure;
(2)    a person who has been granted probation before judgment under § 6-220 of this article in a case involving a prohibited exposure; or
(3)    a child respondent who has been found to have committed a delinquent act that includes a prohibited exposure.
(c)    The written request shall be filed by the State’s Attorney with the court and sealed by the court.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-113 - Notification

(a)    (1)    After conviction or a finding of a prohibited exposure, a finding of probable cause under § 11–110(3) of this subtitle, or a granting of probation before judgment under § 11–112 of this subtitle, the State’s Attorney shall within 3 days notify the local health officer of the written request by the victim or victim’s representative for testing.
(2)    On receipt of a court order for testing issued under § 11–110(3) or § 11–112 of this subtitle, the local health officer or the local health officer’s designee from any other governmental unit shall:
(i)    collect the blood sample within 7 days from the person who is charged with, convicted of, or found to have committed a prohibited exposure;
(ii)    test the blood sample; and
(iii)    if the test is conducted for the presence of HIV, give pretest and posttest counseling to the victim or victim’s representative and the person subject to testing in accordance with Title 18, Subtitle 3, Part VI of the Health – General Article.
(b)    (1)    After receiving the results of a test conducted under subsection (a) of this section, the local health officer shall promptly send notice of the test results to:
(i)    the victim or victim’s representative; and
(ii)    the person charged with, convicted of, or found to have committed a prohibited exposure.
(2)    The local health officer may not disclose positive test results to a victim or victim’s representative or a person charged with, convicted of, or found to have committed a prohibited exposure without also giving, offering, or arranging for appropriate counseling to:
(i)    the victim or victim’s representative; and
(ii)    the person.
(c)    The following shall notify a victim of prohibited exposure or the victim’s representative of the provisions of Part II of this subtitle:
(1)    a sexual assault crisis program established under § 11–923 of this title when a victim or victim’s representative contacts the program;
(2)    an intake officer who receives a complaint for the alleged prohibited exposure under § 3–8A–10 of the Courts Article; or
(3)    on the filing of a charging document or delinquency petition for the alleged prohibited exposure:
(i)    the Department of State Police;
(ii)    the Police Department of Baltimore City;
(iii)    the police unit of a county;
(iv)    the police unit of a municipal corporation;
(v)    the office of the sheriff of a county;
(vi)    the office of the State’s Attorney of a county;
(vii)    the Office of the Attorney General;
(viii)    the Office of the State Prosecutor;
(ix)    the Department of Juvenile Services; or
(x)    the police unit of a bicounty unit or the University System of Maryland.