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§ 3-8A-17.13. Child who is victim of sex trafficking or a victim of human trafficking; dismissa...

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
Effective: October 1, 2023
MD Code, Courts and Judicial Proceedings, § 3-8A-17.13
§ 3-8A-17.13. Child who is victim of sex trafficking or a victim of human trafficking; dismissal of charges
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Qualifying offense” has the meaning stated in § 8-302 of the Criminal Procedure Article.
(3) “Regional navigator” has the meaning stated in § 5-704.4 of the Family Law Article.
(4) “Sex trafficking” has the meaning stated in § 5-701 of the Family Law Article.
(5) “Victim of human trafficking” has the meaning stated in § 8-302 of the Criminal Procedure Article.
In general
(b)(1) At any time after a petition alleging that a child has committed a qualifying offense, a violation, or an offense under § 3-1102 of the Criminal Law Article is filed with the court under this subtitle, the court on its own motion, or on motion of the child's counsel or the State's Attorney, shall:
(i) Make the determination required under paragraph (3) of this subsection;
(ii) Stay all proceedings until the determination is made; and
(iii) Refer the child to a regional navigator and notify the Department of Human Services.
(2) The court:
(i) Shall schedule a hearing within 15 days after a motion is filed under paragraph (1) of this subsection; and
(ii) May, on good cause shown, extend the time for the hearing an additional 15 days.
(3) The court shall determine, by evidence presented on the record and by a preponderance of the evidence, whether the child:
(i) Is a victim of sex trafficking or a victim of human trafficking; and
(ii) Committed the qualifying offense, violation, or offense under § 3-1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or being a victim of human trafficking.
(4) The court shall dismiss the charge for any qualifying offense, violation, or offense under § 3-1102 of the Criminal Law Article if the court finds that the child:
(i) Is a victim of sex trafficking or a victim of human trafficking; and
(ii) Committed the qualifying offense, violation, or offense under § 3-1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or being a victim of human trafficking.

Credits

Added by Acts 2023, c. 686, § 1, eff. Oct. 1, 2023; Acts 2023, c. 687, § 1, eff. Oct. 1, 2023.
MD Code, Courts and Judicial Proceedings, § 3-8A-17.13, MD CTS & JUD PRO § 3-8A-17.13
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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