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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1266*
HOUSE BILL 1266
E2 6lr2272
CF SB 717
By: Delegates Valentine, Embry, and Wivell
Introduced and read first time: February 12, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Victims of Sexual Assault Offenses – Test Kit Submission 2
Requirements 3
FOR the purpose of altering the deadline by which a certain law enforcement agency must 4
submit a certain sexual assault evi dence collection kit and associated reference 5
standards to a forensic laboratory for analysis; and generally relating to sexual 6
assault evidence collection kits. 7
BY repealing and reenacting, without amendments, 8
Article – Criminal Procedure 9
Section 11–926(a)(1) and (5) and (e) 10
Annotated Code of Maryland 11
(2025 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Procedure 14
Section 11–926(g) 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17
SECTION 1. BE IT ENACTE D BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Procedure 20
11–926. 21
(a) (1) In this section the following words have the meanings indicated. 22
(5) (i) “Sexual assault evidence collection kit” means physical evidence 23
collected: 24
2 HOUSE BILL 1266
1. by a qualified health care provider; 1
2. from the body or clothing of a living or deceased person; 2
3. following an allegation or suspicion of sexual assault; and 3
4. for the purpose of preserving the physical evidence. 4
(ii) “Sexual assault evidence collection kit” does not include a 5
self–administered sexual assault evidence collection kit. 6
(e) A sexual assault evidence collection kit shall be submitted to a forensic 7
laboratory for analysis unless: 8
(1) there is clear evidence disproving the allegation of sexual assault; 9
(2) the facts alleged, if true, could not be interpreted to violate a provision 10
of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 of t he 11
Criminal Law Article; 12
(3) the victim from whom the evidence was collected declines to give 13
consent for analysis; or 14
(4) the suspect’s profile has been collected for entry as a convicted offender 15
for a qualifying offense in the Combined DNA Index S ystem (CODIS) maintained by the 16
Federal Bureau of Investigation and the suspect has pleaded guilty to the offense that led 17
to the sexual assault evidence collection kit. 18
(g) Except as provided in subsection (e) of this section, an investigating law 19
enforcement agency that receives a sexual assault evidence collection kit shall: 20
(1) submit the kit and all requested associated reference standards to a 21
forensic laboratory for analysis within 30 days of receipt of the kit [and all requested 22
associated reference standards]; and 23
(2) make use of certified sexual assault crisis programs or other qualified 24
community–based sexual assault victim service organizations that can provide services and 25
support to survivors of sexual assault. 26
SECTION 2. AND BE IT FU RTHER ENACTED, That this Act shall take effect 27
October 1, 2026. 28