Criminal Procedure - Protection of Identity of Victim of Sexual Assault or Stalking
HB0450 amends Maryland criminal procedure law to expand confidentiality protections for victims in criminal and juvenile delinquency cases. The bill requires courts and parties, when a filing or record contains identifying information about a victim of sexual assault or stalking, to redact that information before allowing inspection or disclosure to nonparties, unless the court finds clear and convincing evidence of good cause to order otherwise. It also allows a victim of sexual assault or stalking to request redaction of identifying information from existing filings or records.
The bill further creates a process for a health occupations board to petition the court for access to an unredacted filing or record when needed to investigate or discipline a licensed or certified defendant or respondent for sexual misconduct under the Health Occupations Article. If such a petition is filed, the State’s Attorney must notify the victim about the request, the type of information that may be disclosed, how to object, and available sexual assault crisis programs. Even when access is granted, the board may not publicly disclose the record or filing.
HB0450 would amend Section 11-301 of the Criminal Procedure Article to add specific protections for victims of sexual assault and stalking, extending existing confidentiality rules beyond minor victims. It changes how courts, prosecutors, and other parties handle filings and records in criminal and juvenile delinquency cases by requiring redaction of identifying information before disclosure to the public or other nonparties, subject to a good-cause exception. It also creates a limited disclosure pathway for health occupations boards seeking records for professional discipline or misconduct investigations, while preserving victim notice and confidentiality restrictions.
The available legislative record suggests broad support for the bill. It was introduced by a large bipartisan group of delegates, received a favorable committee report with amendments in the House, and was adopted there. The Senate Judicial Proceedings Committee also issued a favorable report. No recorded floor votes or committee transcript objections are provided, and the bill’s framing indicates a generally protective, victim-centered policy approach.
The main policy tension in HB0450 is between victim privacy and the need for access to records for oversight or disciplinary purposes. The bill limits public disclosure of identifying information for sexual assault and stalking victims, but it also preserves a mechanism for health occupations boards to obtain unredacted records when investigating sexual misconduct by licensed professionals. Another point of potential contention is the standard for overriding confidentiality: the bill uses a clear-and-convincing-evidence good-cause threshold, which may be viewed as either necessary protection for victims or as a significant barrier to access depending on the stakeholder. The notice-and-objection process for victims reflects an effort to balance those interests.