RULE 11-420.2. SAFE HARBOR--VICTIMS OF CHILD SEX TRAFFICKING AND HUMAN TRAFFICKING
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2024
Effective: July 1, 2024
MD Rules, Rule 11-420.2
RULE 11-420.2. SAFE HARBOR--VICTIMS OF CHILD SEX TRAFFICKING AND HUMAN TRAFFICKING
(a) Applicability. This Rule applies to a petition alleging that a child committed an act that is (1) a qualifying offense listed in Code, Criminal Procedure Article, § 8-302, (2) a violation listed in Code, Courts Article, § 3-8A-01 (dd), or (3) an offense under Code, Criminal Law Article, § 3-1102.
(b) Stay of Proceedings. If at any time after the filing of a petition described in section (a) of this Rule, but not later than entry of a disposition order pursuant to Rule 11-422, there is reason to believe that the child is a victim of sex trafficking or human trafficking, on motion or on its own initiative, the court shall stay all proceedings in the delinquency action and comply with the requirements of Code, Courts Article, § 3-8A-17.13.
Cross reference: See Code, Family Law Article, § 5-701 for the definition of “sex trafficking.” See Code, Criminal Procedure Article, § 8-302 for the definition of “victim of human trafficking.”
(d) Order. The court shall enter an order dismissing each charge required to be dismissed by Code, Courts Article, § 3-8A-17.13. For charges in the petition not dismissed, the court shall enter an order lifting the stay, and shall proceed with the delinquency action pertaining to those alleged acts.
(e) Use of Certain Evidence in Other Proceedings. Any statement made by the child or information elicited from the child (1) in connection with services provided pursuant to a referral under Code, Courts Article, § 3-8A-17.13(b)(1)(iii) or (2) at a hearing pursuant to section (c) of this Rule is inadmissible against the child in any proceeding except a hearing held pursuant to subsection (c)(1) of this Rule.
Cross reference: See Code, Family Law Article, § 5-704.4 pertaining to the Safe Harbor Regional Navigator Grant Program. See Code, Courts Article, § 3-8A-14 (d) pertaining to duties of a law enforcement officer if there is reason to believe that a child who has been detained is a victim of sex trafficking or human trafficking. See Code, Courts Article, § 3-8A-14.2 pertaining to custodial interrogation of children.
Source: This Rule is new.
Credits
[Adopted April 5, 2024, eff. July 1, 2024.]
MD Rules, Rule 11-420.2, MD R JUV CAUSES Rule 11-420.2
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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