Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement (Verbal Waiver Transparency Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*sb0531*

SENATE BILL 531
E2 6lr2255
CF HB 491
By: Senators Hettleman, Henson, West, and Love
Introduced and read first time: February 4, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 20, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Procedure – Victims of Sexually Assaultive Behavior – Request for 2
Verbal Acknowledgement 3
(Verbal Waiver Transparency Act) 4

FOR the purpose of prohibiting a law enforcement agency from making a certain request 5
for verbal acknowledgement in an interaction with a certain victim; and generally 6
relating to victims of sexually assaultive behavior. 7

BY repealing and reenacting, with amendments, 8
Article – Criminal Procedure 9
Section 11–929 10
Annotated Code of Maryland 11
(2025 Replacement Volume) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Criminal Procedure 15

11–929. 16

(a) (1) In this section the following words have the meanings indicated. 17

(2) “Law enforcement agency” has the meaning stated in § 3–201(d) of the 18
Public Safety Article. 19
2 SENATE BILL 531

(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