Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement
HB0491 amends Maryland criminal procedure law governing interactions between law enforcement and victims of sexually assaultive behavior. The bill prohibits a law enforcement agency from asking a victim to give verbal acknowledgment that would waive or limit the agency’s obligations, narrow an investigation, restrict prosecution, or affect the victim’s private right of action. It also clarifies that the same prohibition applies whether the agency uses a written form or makes a verbal request.
The bill preserves a victim’s ability to request that an investigation be limited or suspended, but requires the agency to document that request thoroughly and follow up under practices recommended by the Maryland Police Training and Standards Commission. If an agency violates the section, an affected victim may seek injunctive or declaratory relief. The act takes effect October 1, 2026, and amends § 11-929 of the Criminal Procedure Article.
HB0491 changes the duties of law enforcement agencies in Maryland when dealing with victims of sexually assaultive behavior by expressly banning verbal requests for acknowledgments that waive rights or limit investigations, prosecutions, or civil claims. It strengthens the statutory protections already in § 11-929 by extending the prohibition beyond forms to oral interactions, and it provides a civil enforcement mechanism for affected victims. Agencies must also continue to document victim requests to limit or suspend investigations and follow commission-recommended practices.
The bill appears to have been enacted without recorded committee debate or roll-call controversy in the provided materials, and it was ultimately approved by the Governor. Based on the text, the measure reflects a protective, victim-centered policy approach aimed at preventing coercive or confusing law-enforcement practices. The absence of recorded opposition or amendments in the supplied context suggests general legislative support or at least no visible public dispute in the available record.
The main policy issue addressed by the bill is whether law enforcement should be allowed to seek verbal acknowledgments from victims that could be used to limit investigations or reduce agency obligations. Supporters would likely view the change as necessary to protect victims from pressure and preserve their legal rights, while any potential critics would be concerned about restricting investigative flexibility or administrative practices. The bill also raises implementation questions for police agencies, which must update policies and training to comply with the expanded prohibition and documentation requirements.