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§ 8-302. Vacation of judgment if participation in the offense was a direct result of being a vi...

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

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 8. Other Postconviction Review (Refs & Annos)
Subtitle 3. Newly Discovered Evidence (Refs & Annos)
Effective: June 1, 2020
MD Code, Criminal Procedure, § 8-302
§ 8-302. Vacation of judgment if participation in the offense was a direct result of being a victim of human trafficking
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Qualifying offense” means:
(i) unnatural or perverted sexual practice under § 3-322 of the Criminal Law Article;
(ii) possessing or administering a controlled dangerous substance under § 5-601 of the Criminal Law Article;
(iii) possessing or purchasing a noncontrolled substance under § 5-618 of the Criminal Law Article;
(iv) possessing or distributing controlled paraphernalia under § 5-620(a)(2) of the Criminal Law Article;
(v) fourth-degree burglary under § 6-205 of the Criminal Law Article;
(vi) malicious destruction of property in the lesser degree under § 6-301(c) of the Criminal Law Article;
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law Article;
(viii) misdemeanor theft under § 7-104 of the Criminal Law Article;
(ix) misdemeanor obtaining property or services by bad check under § 8-103 of the Criminal Law Article;
(x) possession or use of a fraudulent government identification document under § 8-303 of the Criminal Law Article;
(xi) public assistance fraud under § 8-503 of the Criminal Law Article;
(xii) false statement to a law enforcement officer or public official under § 9-501, § 9-502, or § 9-503 of the Criminal Law Article;
(xiii) disturbing the public peace and disorderly conduct under § 10-201 of the Criminal Law Article;
(xiv) indecent exposure under § 11-107 of the Criminal Law Article;
(xv) prostitution under § 11-303 of the Criminal Law Article;
(xvi) driving with a suspended registration under § 13-401(h) of the Transportation Article;
(xvii) failure to display registration under § 13-409(b) of the Transportation Article;
(xviii) driving without a license under § 16-101 of the Transportation Article;
(xix) failure to display license to police under § 16-112(c) of the Transportation Article;
(xx) possession of a suspended license under § 16-301(j) of the Transportation Article;
(xxi) driving while privilege is canceled, suspended, refused, or revoked under § 16-303 of the Transportation Article;
(xxii) owner failure to maintain security on a vehicle under § 17-104(b) of the Transportation Article;
(xxiii) driving while uninsured under § 17-107 of the Transportation Article; or
(xxiv) prostitution or loitering as prohibited under local law.
(3) “Victim of human trafficking” means a person who has been subjected to an act of another committed in violation of:
(i) Title 3, Subtitle 11 of the Criminal Law Article; or
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States Code.
In general
(b) A person convicted of a qualifying offense may file a motion to vacate the judgment if the person's participation in the offense was a direct result of being a victim of human trafficking.
Procedure
(c) A motion filed under this section shall:
(1) be in writing;
(2) be made within a reasonable period of time after the conviction;
(3) describe the evidence and include copies of any documents showing that the movant is entitled to relief under this section;
(4) be served on the State's Attorney in the jurisdiction where the conviction for the qualifying offense occurred; and
(5) if the qualifying offense occurred within 5 years before the filing of the motion, be mailed to any victim or victim's representative at the victim's or victim's representative's last known address.
Ruling on motion
(d)(1) The court may grant a motion filed under this section on a finding based on a preponderance of the evidence that the movant committed the qualifying offense as a direct result of being a victim of human trafficking.
(2) When making a finding under this subsection, the court shall consider:
(i) the length of time between the offense and the trafficking of the movant;
(ii) the dynamics of the relationship between the movant and the person committing trafficking against the movant; and
(iii) any other relevant evidence.
Grant without hearing
(e) The court may grant a motion filed under this section without a hearing if:
(1) the State's Attorney consents to the motion;
(2) no objection to the relief requested has been filed by a victim or victim's representative; and
(3) at least 60 days have elapsed since notice and service under subsection (c) of this section.
Dismiss without hearing
(f) The court may dismiss a motion filed under this section without a hearing if the court finds that:
(1) the motion fails to assert grounds on which relief may be granted;
(2) the motion offers no additional evidence beyond that which has previously been considered by the court; or
(3) the movant acted fraudulently or in bad faith in filing the motion.
Results of granting motion
(g)(1) If a court grants a motion filed under this section, the court shall vacate the conviction.
(2) The court shall state the reasons for its ruling on the record.
Burden of proof
(h) A movant in a proceeding under this section has the burden of proof.
Not a conviction
(i) A conviction that has been vacated under this section may not be considered a conviction for any purpose.

Credits

Added by Acts 2011, c. 218, § 1, eff. Oct. 1, 2011. Amended by Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2020, c. 126, § 1, eff. June 1, 2020; Acts 2020, c. 127, § 1, eff. June 1, 2020.
MD Code, Criminal Procedure, § 8-302, MD CRIM PROC § 8-302
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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