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§ 11-929. Waiver of victim’s rights prohibited

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2020

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 9. Victims and Witnesses--Services (Refs & Annos)
Part III. Help for Victims of Sexual Assault Offenses
Effective: October 1, 2020
MD Code, Criminal Procedure, § 11-929
§ 11-929. Waiver of victim’s rights prohibited
Currentness
Definitions
(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.
In general
(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.
Victim’s request to limit or suspend investigation
(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.
Violation of section; injunctive or declaratory relief
(d) If a law enforcement agency violates this section, an affected victim may bring an action seeking injunctive or declaratory relief.
Policy to enforce provisions of this section
(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.

Credits

Added by Acts 2020, c. 584, § 1, eff. Oct. 1, 2020.
MD Code, Criminal Procedure, § 11-929, MD CRIM PROC § 11-929
Current through legislation effective through April 25, 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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