Vehicle Laws - Eluding Police - Penalties (Zoey's Law)
HB0686 amends Maryland law governing certification of victim helpfulness for U nonimmigrant status, a federal immigration benefit available to certain crime victims who assist law enforcement. The bill changes the standard for determining whether a victim, or in some cases the victim’s parent, guardian, or next friend, is considered helpful, has been helpful, or is likely to be helpful. Under the bill, there is a rebuttable presumption of helpfulness if the person has not refused or failed to provide information and assistance reasonably requested by law enforcement.
The bill also shortens the deadlines for certifying entities to act on a request for a Form I-918 Supplement B certification. In most cases, the entity must certify or decline within 30 days instead of 90 days, and within 7 days instead of 14 days when the victim is in removal, exclusion, or deportation proceedings or subject to a final removal order. It further requires certifying entities to develop protocols to assist petitioners with limited English proficiency, and it preserves existing provisions allowing certification even when there is no current investigation, charge, prosecution, or conviction.
HB0686 would amend Section 11-931 of the Criminal Procedure Article of the Maryland Code. It would make the certification process more accessible and faster for victims seeking U visa support, while also clarifying when certifications may be withdrawn and when information may be disclosed. The bill retains immunity protections for certifying entities and officials acting in good faith and limits fee awards in enforcement actions absent willful or wanton misconduct.
The overall sentiment reflected by the bill’s sponsorship is supportive of expanding access to U visa certifications and reducing barriers for immigrant victims cooperating with law enforcement. Although no committee transcript or vote record is provided, the bill’s structure suggests a policy focus on victim protection, administrative efficiency, and language access. Likely points of contention include the shortened response deadlines, the rebuttable presumption of helpfulness, and the added obligations on certifying agencies, which may be viewed as increasing administrative burden or reducing discretion for law enforcement and other certifying officials.
The bill would revise Maryland’s Criminal Procedure Article § 11-931, changing the legal standard and process for U visa certification requests. It would create a rebuttable presumption of helpfulness based on the absence of a refusal to provide reasonably requested assistance, shorten certification decision timelines, and require certifying entities to adopt protocols for petitioners with limited English proficiency. These changes would affect law enforcement agencies, prosecutors, and other certifying entities that issue Form I-918 Supplement B certifications, as well as noncitizen crime victims seeking immigration relief.
The bill appears generally supportive of immigrant victims and law enforcement cooperation, with a pro-access, victim-centered policy orientation. Because no committee testimony or recorded votes are included, there is no direct evidence of organized opposition or support in the provided materials. The bill’s sponsors and the substance of the measure indicate a favorable sentiment toward making U visa certification more timely, predictable, and accessible.
The main likely areas of contention are the presumption that a victim is helpful unless they refused or failed to provide reasonably requested assistance, the compressed deadlines for certifying or denying requests, and the requirement that certifying entities develop limited-English-proficiency protocols. Critics may argue these provisions constrain agency discretion, increase workload, or pressure officials to act quickly, while supporters would likely view them as necessary to prevent delays and barriers for vulnerable crime victims. The bill also preserves immunity and limits fee awards, which may be intended to balance the new obligations on certifying entities.