SB 807
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 807 (Senators Hettleman and Elfreth)
Judicial Proceedings
Criminal Procedure - Victims of Sexually Assaultive Behavior - Waivers of
Rights - Prohibition
This bill prohibits a “law enforcement agency” from seeking specified waivers from a
victim of “sexually assaultive behavior.” The bill authorizes an affected victim to bring an
action seeking injunctive or declaratory relief against a law enforcement agency that
violates the prohibition. Each law enforcement agency in the State must (1) adopt a policy
to enforce the prohibition on seeking waivers from victims of sexually assaultive behavior,
by January 1, 2021, and (2) provide a copy of the policy to the Maryland Sexual Assault
Evidence Kit Policy and Funding Committee by January 15, 2021.
Fiscal Summary
State Effect: The bill is procedural and does not materially affect State finances or
operations. Affected State entities can meet the bill’s reporting requirements and otherwise
implement the bill with existing budgeted resources, as discussed below.
Local Effect: The bill is procedural and does not materially affect local finances or
operations. Affected local entities can meet the bill’s reporting requirements with existing
budgeted resources.
Small Business Effect: None.
 Analysis
Bill Summary: A law enforcement agency may not present a victim of sexually assaultive
behavior with a form that (1) relieves the law enforcement agency of an obligation to the
victim; (2) precludes or defines the scope of an investigation into an act allegedly
committed against the victim; (3) prevents or limits a prosecution of such an act; or
(4) limits a private right of action of the victim pertaining to such an act or to the victim’s
interaction with the law enforcement agency. 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 must thoroughly document the request and follow up with the
victim in accordance with practices recommended by the Maryland Police Training and
Standards Commission (MPTSC).
If a law enforcement agency violates these provisions, an affected victim may bring an
action seeking injunctive or declaratory relief.
Current Law: A “law enforcement agency” means a governmental police force, sheriff’s
office, or security force or law enforcement organization of the State, a county, or a
municipal corporation that by statute, ordinance, or common law is authorized to enforce
the general criminal laws of the State. A “law enforcement agency” does not include
specified members of the Maryland National Guard.
“Sexually assaultive behavior” is an act that would constitute (1) a sexual crime under
Title 3, Subtitle 3 of the Criminal Law Article; (2) sexual abuse of a minor; (3) sexual abuse
of a vulnerable adult; (4) a violation of 18 U.S.C. Chapter 109A (federal sexual abuse
statutes); or (5) a violation of a law of another state, the United States, or a foreign country
that is equivalent to these offenses.
Chapter 659 of 2017 established the Maryland Sexual Assault Evidence Kit Policy and
Funding Committee to, among other things, develop and disseminate best practice
information and recommendations regarding the testing and retention of sexual assault
evidence collection kits. The committee is required to develop and disseminate best
practices information and recommendations regarding several issues, including
(1) coordination between State agencies, victim services providers, local law enforcement,
and local sexual assault response teams and (2) increasing the availability of information
to sexual assault victims regarding criminal prosecutions, available civil remedies, sexual
assault evidence collection kits, and victim rights.
Background: According to a February 2019 Baltimore Sun investigation, police
departments in the Baltimore region prompted sexual assault victims to sign waivers on
223 occasions during 2017 and 2018. Of these waivers, 172 were signed by victims in
Baltimore County, 43 in Anne Arundel County, and 8 in Harford County. Anne Arundel
SB 807/ Page 2
and Baltimore counties reportedly stopped using the waiver forms following the
investigation. According to news reports, the Baltimore Police Department, the
Carroll County Sheriff’s Office, and police departments in Howard, Montgomery, and
Prince George’s counties do not use waivers. The Harford County Sheriff’s Office
reportedly continues to use a form that a sexual assault victim can sign to request to end an
investigation.
State Expenditures: MPTSC advises that researching and developing recommendations
for law enforcement communication with sexual assault victims who have requested that
the scope of an investigation be limited or that an investigation be temporarily or
permanently suspended requires one contractual employee for one year at a cost of $66,519
in fiscal 2021, which assumes a start date of July 1, 2020, in anticipation of the bill’s
October 1, 2020 effective date. However, the Department of Legislative Services advises
that given the amount of material available on this topic and the limited scope of the
required recommendations, MPTSC can meet the bill’s requirements with existing
budgeted resources.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 1575 (Delegate Bartlett) - Judiciary.
Information Source(s): Cities of Baltimore and Bowie; Montgomery and Prince George’s
counties; Maryland Association of Counties; Governor’s Office of Crime Control and
Prevention; Judiciary (Administrative Office of the Courts); Office of the Public Defender;
Department of Juvenile Services; Department of Public Safety and Correctional Services;
Department of State Police; Maryland Department of Transportation; Maryland Municipal
League; Baltimore Sun; Department of Legislative Services
Fiscal Note History: First Reader - March 3, 2020
rh/jkb Third Reader - March 17, 2020
Revised - Amendment(s) - March 17, 2020
Revised - Clarification - March 17, 2020
Analysis by: Amy A. Devadas Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 807/ Page 3


Statutes affected:
Text - First - Criminal Procedure - Victims of Sexually Assaultive Behavior - Waivers of Rights - Prohibition: 11-929 Criminal Procedure, 10-201 Criminal Procedure
Text - Third - Criminal Procedure - Victims of Sexually Assaultive Behavior - Waivers of Rights - Prohibition: 11-929 Criminal Procedure, 10-201 Criminal Procedure