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HB0491 • 2026

Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement

Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Delegate Phillips
Last action
2026-05-12
Official status
Approved by the Governor - Chapter 406
Effective date
2026-10-01

Plain English Breakdown

The candidate explanation included details about enforcement and victim actions that were not fully supported by the official source material.

Rules for Police When Talking to Victims of Sexual Assault

This law stops police from asking victims of sexual assault to verbally agree to anything that could limit their legal rights or the investigation.

What This Bill Does

  • Prohibits a law enforcement agency from requesting verbal acknowledgment in an interaction with a victim suspected or claiming to have been subjected to sexually assaultive behavior.
  • Requires thorough documentation and follow-up if a victim requests changes to the scope of an investigation.
  • Allows victims to seek legal action if police violate this section.

Who It Names or Affects

  • Victims of sexual assault
  • Law enforcement agencies

Terms To Know

Sexually assaultive behavior
Acts that are sexually violent or abusive towards someone without their consent.
Law enforcement agency
A group of police officers who work together to enforce laws and keep people safe.

Limits and Unknowns

  • The law does not specify the consequences if a victim requests changes in the investigation.
  • It is unclear how compliance with this law will be monitored or enforced by other agencies.
  • This law only applies to Maryland, USA.

Bill History

  1. 2026-05-12 Post Passage

    Approved by the Governor - Chapter 406

  2. 2026-04-08 Senate

    Favorable Report by Judicial Proceedings

  3. 2026-03-24 House

    Returned Passed

  4. 2026-03-21 Senate

    Third Reading Passed (39-0)

  5. 2026-03-19 Senate

    Favorable Adopted Second Reading Passed

  6. 2026-03-02 House

    Favorable Report by Judiciary

  7. 2026-02-23 House

    Third Reading Passed (128-0)

  8. 2026-02-22 House

    Favorable Adopted

  9. 2026-02-22 House

    Second Reading Passed

  10. 2026-02-22 Senate

    Referred Judicial Proceedings

  11. 2026-01-29 House

    Hearing 2/10 at 1:00 p.m.

  12. 2026-01-27 House

    First Reading Judiciary

  13. Maryland General Assembly

    Text - First - Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement

  14. Maryland General Assembly

    Vote - House - Committee - Judiciary

  15. Maryland General Assembly

    Text - Third - Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement

  16. Maryland General Assembly

    Vote - Senate - Committee - Judicial Proceedings

  17. Maryland General Assembly

    Text - Chapter - Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement

Official Summary Text

Prohibiting a law enforcement agency from making a certain request for verbal acknowledgement in an interaction with a person suspected to have been subjected to sexually assaultive behavior or who claims to have been subjected to sexually assaultive behavior.

Current Bill Text

Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0491*

HOUSE BILL 491
E2 6lr2256
CF SB 531
By: Delegate Phillips
Introduced and read first time: January 27, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 22, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Procedure – Victims of Sexually Assaultive Behavior – Request for 2
Verbal Acknowledgement 3

FOR the purpose of prohibiting a law enforcement agency from making a certain request 4
for verbal acknowledgement in an interaction with a certain victim; and generally 5
relating to victims of sexually assaultive behavior. 6

BY repealing and reenacting, with amendments, 7
Article – Criminal Procedure 8
Section 11–929 9
Annotated Code of Maryland 10
(2025 Replacement Volume) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Criminal Procedure 14

11–929. 15

(a) (1) In this section the following words have the meanings indicated. 16

(2) “Law enforcement agency” has the meaning stated in § 3–201(d) of the 17
Public Safety Article. 18

2 HOUSE BILL 491

(3) “Sexually assaultive behavior” has the meaning stated in § 10 –923 of 1
the Courts Article. 2

(4) “Victim” means any person suspected to have been subjected to sexually 3
assaultive behavior or who claims to have been subjected to sexually assaultive behavior. 4

(b) In an interaction with a victim, a law enforcement agency may not present to 5
the victim a form OR MAKE A REQUEST FOR VERBAL ACKNOWLEDGEMENT purporting 6
to: 7

(1) relieve the law enforcement agency of an obligation to the victim; 8

(2) preclude or define the scope of an investigation by the law enforcement 9
agency into an act allegedly committed against the victim; 10

(3) prevent or limit a prosecution of an act allegedly committed against the 11
victim; or 12

(4) limit a private right of action of the victim pertaining to an act allegedly 13
committed against the victim or the victim’s interaction with the law enforcement agency. 14

(c) If a victim requests that the scope of an investigation be limited or that an 15
investigation be temporarily or permanently suspended, the law enforcement agency shall: 16

(1) thoroughly document the request; and 17

(2) follow up with the victim in accordance with practices recommended by 18
the Maryland Police Training and Standards Commission. 19

(d) If a law enforcement agency violates this section, an affected victim may bring 20
an action seeking injunctive or declaratory relief. 21

(e) (1) On or before January 1, 2021, each law enforcement agency in the State 22
shall adopt a policy to enforce the provisions of this section. 23

(2) On or before January 15, 2021, each law enforcement agency shall 24
provide a copy of the policy required under this subsection to the Maryland Sexual Assault 25
Evidence Kit Policy and Funding Committee. 26

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2026. 28