(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.
(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.
(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.
- (d) If a law enforcement agency violates this section, an affected victim may bring an action seeking injunctive or declaratory relief.
(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.
Added by Acts 2020, c. 584, § 1, eff. Oct. 1, 2020.