Md. Code Ann., Crim. Proc. § 11-704
Persons subject to registration
Effective Oct 1, 2017Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2002, c. 112, § 1, eff. Oct. 1, 2002; Acts 2002, c. 194, § 1, eff. Sept. 30, 2002; Acts 2005, c. 578, § 1, eff. Oct. 1, 2005; Acts 2009, c. 524, § 1, eff. Oct. 1, 2009; Acts 2009, c. 541, § 1, eff. Oct. 1, 2009; Acts 2009, c. 636, § 1, eff. Oct. 1, 2009; Acts 2009, c. 637, § 1, eff. Oct. 1, 2009; Acts 2010, c. 174, § 1, eff. Oct. 1, 2010; Acts 2010, c. 175, § 1, eff. Oct. 1, 2010; Acts 2016, c. 8, § 5; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017.State of Maryland
(a) A person shall register with the person's supervising authority if the person is:
- (1) a tier I sex offender;
- (2) a tier II sex offender;
- (3) a tier III sex offender; or
(4) a sex offender who is required to register by another jurisdiction, a federal, military, or tribal court, or a foreign government, and who is not a resident of this State, and who enters this State:
- (i) to begin residing or to habitually live;
- (ii) to carry on employment;
- (iii) to attend a public or private educational institution, including a secondary school, trade or professional institution, or institution of higher education, as a full-time or part-time student; or
- (iv) as a transient.
(b) Notwithstanding any other provision of law, a person is no longer subject to registration under this subtitle if:
- (1) the underlying conviction requiring registration is reversed, vacated, or set aside; or
- (2) the registrant is pardoned for the underlying conviction.
(c)
(1) A person who has been adjudicated delinquent for an act that, if committed by an adult, would constitute a violation of § 3-303 or § 3-304 of the Criminal Law Article, § 3-305 or § 3-306 of the Criminal Law Article as the sections existed before October 1, 2017, or § 3-307(a)(1) or (2) or § 3-308(b)(1) of the Criminal Law Article involving conduct described in § 3-301(e)(2) of the Criminal Law Article, shall register with the person's supervising authority if:
- (i) the person was a minor who was at least 13 years old at the time the delinquent act was committed;
- (ii) the State's Attorney or the Department of Juvenile Services requests that the person be required to register;
- (iii) 90 days prior to the time the juvenile court's jurisdiction over the person terminates under § 3-8A-07 of the Courts Article, the court, after a hearing, determines under a clear and convincing evidence standard that the person is at significant risk of committing a sexually violent offense or an offense for which registration as a tier II sex offender or tier III sex offender is required; and
- (iv) the person is at least 18 years old.
(2) If the person has committed a delinquent act that would cause the court to make a determination regarding registration under paragraph (1) of this subsection:
- (i) the State's Attorney shall serve written notice to the person or the person's counsel at least 30 days before a hearing to determine if the person is required to register under this section; and
(ii) the Department of Juvenile Services shall:
- 1. provide the court with any information necessary to make the determination; and
- 2. conduct any follow-up the court requires.
- (3) The form of petitions and all other pleadings under this subsection and, except as otherwise provided under Title 3 of the Courts Article, the procedures to be followed by the court under this subsection shall be specified in the Maryland Rules.
- (4) The court may order an evaluation of the person in making the determination under paragraph (1) of this subsection.
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2002, c. 112, § 1, eff. Oct. 1, 2002; Acts 2002, c. 194, § 1, eff. Sept. 30, 2002; Acts 2005, c. 578, § 1, eff. Oct. 1, 2005; Acts 2009, c. 524, § 1, eff. Oct. 1, 2009; Acts 2009, c. 541, § 1, eff. Oct. 1, 2009; Acts 2009, c. 636, § 1, eff. Oct. 1, 2009; Acts 2009, c. 637, § 1, eff. Oct. 1, 2009; Acts 2010, c. 174, § 1, eff. Oct. 1, 2010; Acts 2010, c. 175, § 1, eff. Oct. 1, 2010; Acts 2016, c. 8, § 5; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017.
Formerly Art. 27, § 792.