In this title the following words have the meanings indicated. “Child respondent” means a person who: in a petition filed in juvenile court, is alleged to have committed a delinquent act; or has committed a delinquent act. “Delinquent act” has the meaning stated in § 3–8A–01 of the Courts Article. “MDEC system” means the system of electronic filing and case management established by the Supreme Court of Maryland. “Prosecuting attorney” means: the State’s Attorney; the State’s Attorney’s designee; when performing a prosecutorial function at the trial level, the Attorney General or the Attorney General’s designee; or the State Prosecutor or the State Prosecutor’s designee. “Victim stay–away alert technology” means a system of electronic monitoring that is capable of notifying a victim if the defendant is at or near a location from which the defendant has been ordered by the court to stay away.

If practicable, a victim or victim’s representative who has filed a notification request form under § 11-104 of this subtitle has the right to attend any proceeding in which the right to appear has been granted to a defendant. As provided in § 9-205 of the Courts Article, a person may not be deprived of employment solely because of job time lost because the person attended a proceeding that the person has a right to attend under this section.

In this section, “crime” means: a crime; a delinquent act that would be a crime if committed by an adult; or except as provided in paragraph (2) of this subsection, a crime or delinquent act involving, causing, or resulting in death or serious bodily injury. “Crime” does not include an offense under the Maryland Vehicle Law or under Title 8, Subtitle 7 of the Natural Resources Article unless the offense is punishable by imprisonment. Although not a party to a criminal or juvenile proceeding, a victim of a crime for which the defendant or child respondent is charged may file an application for leave to appeal to the Appellate Court of Maryland from an interlocutory order or appeal to the Appellate Court of Maryland from a final order that denies or fails to consider a right secured to the victim by subsection (e)(4) of this section, § 4–202 of this article, § 11–102 or § 11–104 of this subtitle, § 11–302, § 11–402, § 11–403, or § 11–603 of this title, § 3–8A–06, § 3–8A–13, or § 3–8A–19 of the Courts Article, or § 6–112 of the Correctional Services Article. The filing of an application for leave to appeal under this section does not stay other proceedings in a criminal or juvenile case unless all parties consent. For purposes of this section, a victim’s representative, including the victim’s spouse or surviving spouse, parent or legal guardian, child, or sibling, may represent a victim of a crime who dies or is disabled. If there is a dispute over who shall be the victim’s representative, the court shall designate the victim’s representative. In any court proceeding involving a crime against a victim, the court shall ensure that the victim is in fact afforded the rights provided to victims by law. If a court finds that a victim’s right was not considered or was denied, the court may grant the victim relief provided the remedy does not violate the constitutional right of a defendant or child respondent to be free from double jeopardy. A court may not provide a remedy that modifies a sentence of incarceration of a defendant or a commitment of a child respondent unless the victim requests relief from a violation of the victim’s right within 30 days of the alleged violation. A victim who alleges that the victim’s right to restitution under § 11–603 of this title was not considered or was improperly denied may file a motion requesting relief within 30 days of the denial or alleged failure to consider. If the court finds that the victim’s right to restitution under § 11–603 of this title was not considered or was improperly denied, the court may enter a judgment of restitution.

In this section the following words have the meanings indicated. “DNA” has the meaning stated in § 2–501 of the Public Safety Article. “Statewide DNA database system” has the meaning stated in § 2–501 of the Public Safety Article. “Victim” means a person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act. “Victim’s representative” includes a family member or guardian of a victim who is: a minor; deceased; or disabled. On first contact with a victim or victim’s representative, a law enforcement officer, District Court commissioner, or juvenile intake officer shall give the victim or the victim’s representative the pamphlet described in § 11–914(9)(i) of this title. Unless to do so would impede or compromise an ongoing investigation or the victim’s representative is a suspect or a person of interest in the criminal investigation of the crime involving the victim, on written request of a victim of a crime of violence as defined in § 14–101 of the Criminal Law Article or the victim’s representative, the investigating law enforcement agency shall give the victim or the victim’s representative timely notice as to: whether an evidentiary DNA profile was obtained from evidence in the case; when any evidentiary DNA profile developed in the case was entered into the DNA database system; and when any confirmed match of the DNA profile, official DNA case report, or DNA hit report is received. Within 10 days after the filing or the unsealing of an indictment or information in circuit court, whichever is later, the prosecuting attorney shall: mail or deliver to the victim or victim’s representative the pamphlet described in § 11–914(9)(ii) of this title and the notification request form described in § 11–914(10) of this title; and certify to the clerk of the court that the prosecuting attorney has complied with this paragraph or is unable to identify the victim or victim’s representative. If the prosecuting attorney files a petition alleging that a child is delinquent for committing an act that could only be tried in the circuit court if committed by an adult, the prosecuting attorney shall: inform the victim or victim’s representative of the right to request restitution under § 11–606 of this title; mail or deliver to the victim or victim’s representative the notification request form described in § 11–914(10) of this title; and certify to the clerk of the juvenile court that the prosecuting attorney has complied with this paragraph or is unable to identify the victim or victim’s representative. For cases described under this subsection, the prosecuting attorney may provide a State’s witness in the case with the guidelines for victims, victims’ representatives, and witnesses available under §§ 11–1001 through 11–1004 of this title. A victim or victim’s representative may: file a completed notification request form with the prosecuting attorney; or follow the MDEC system protocol to request notice. If the jurisdiction has not implemented the MDEC system, the prosecuting attorney shall send a copy of the completed notification request form to the clerk of the circuit court or juvenile court. If the jurisdiction has implemented the MDEC system and the victim or victim’s representative has filed a completed notification request form, the prosecuting attorney shall electronically file the form with the clerk of the circuit court or juvenile court in the MDEC system. By filing a completed notification request form or completing the MDEC system protocol, a victim or victim’s representative complies with Article 47 of the Maryland Declaration of Rights and each provision of the Code that requires a victim or victim’s representative to request notice. To keep the address and electronic mail address of a victim or victim’s representative confidential, the victim or victim’s representative shall: designate in the notification request form a person who has agreed to receive notice for the victim or victim’s representative; or request as part of the MDEC system protocol, without filing a motion to seal, that the address and electronic mail address remain confidential and available, as necessary to only: the court; the prosecuting attorney; the Department of Public Safety and Correctional Services; the Department of Juvenile Services; the attorney of the victim or victim’s representative; the State’s Victim Information and Notification Everyday vendor; and a commitment unit that a court orders to retain custody of an individual. Unless provided by the MDEC system, the prosecuting attorney shall send a victim or victim’s representative prior notice of each court proceeding in the case, of the terms of any plea agreement, and of the right of the victim or victim’s representative to submit a victim impact statement to the court under § 11–402 of this title if: prior notice is practicable; and the victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section. If the case is in a jurisdiction in which the office of the clerk of the circuit court or juvenile court has an automated filing system, the prosecuting attorney may ask the clerk to send the notice required by paragraph (1) of this subsection. If the case is in a jurisdiction that has implemented the MDEC system, the victim may follow the MDEC system protocol to receive notice by electronic mail, to notify the prosecuting attorney, and to request additional notice available through the State’s Victim Information and Notification Everyday vendor. As soon after a proceeding as practicable, the prosecuting attorney shall tell the victim or victim’s representative of the terms of any plea agreement, judicial action, and proceeding that affects the interests of the victim or victim’s representative, including a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, stetting of charges, trial, disposition, and postsentencing court proceeding if: the victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section and prior notice to the victim or victim’s representative is not practicable; or the victim or victim’s representative is not present at the proceeding. Whether or not the victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section, the prosecuting attorney may give the victim or victim’s representative information about the status of the case if the victim or victim’s representative asks for the information. If a victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section, the clerk of the circuit court or juvenile court: shall include a copy of the form with any commitment order or probation order that is passed or electronically transmit the form or the registration information for the victim or the victim’s representative through the MDEC system; and if an appeal is filed, shall send a copy of the form or electronically transmit the form or the registration information for the victim or the victim’s representative through the MDEC system to the Attorney General and the court to which the case has been appealed. This section does not prohibit a victim or victim’s representative from filing a notification request form with a unit to which a defendant or child respondent has been committed. After filing a notification request form under subsection (e) of this section, a victim or victim’s representative may discontinue further notices by filing a written request with: the prosecuting attorney, if the case is still in a circuit court or juvenile court; or the unit to which the defendant or child respondent has been committed, if a commitment order has been issued in the case. After following the MDEC system protocol for electronic notices, a victim or victim’s representative may discontinue further notices by following the MDEC system protocol to terminate notice.

On a finding of probable cause and before the issuance of an arrest warrant or a summons, a judicial officer shall provide to an individual filing an application for a statement of charges under Maryland Rule 4–211(b) an opportunity to request reasonable protections for the safety of an alleged victim or the victim’s family.

In Part II of this subtitle the following words have the meanings indicated. “Charged” means to be the subject of an indictment, an information, or a petition alleging a delinquent act. “Health officer” has the meaning stated in § 1–101 of the Health – General Article. “HIV” means any human immunodeficiency virus that causes Acquired Immune Deficiency Syndrome (AIDS). “Prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV or hepatitis C. “Prohibited exposure” includes: contact that occurs on penetration, however slight, between the penis and the vulva or anus; and contact between the mouth and the penis, vulva, or anus. “Victim” means the victim of a prohibited exposure. “Victim” includes: a law enforcement officer who is exposed to HIV or hepatitis C while acting in the performance of duty; a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV or hepatitis C while acting in the performance of duty; a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV or hepatitis C while acting in the performance of duty; and an individual who is licensed, certified, or otherwise authorized to provide health care under the Health Occupations Article who is exposed to HIV or hepatitis C while working under the direction of a law enforcement agency or while performing a sexual assault medical evidence collection examination. “Victim’s representative” means: the parent of a victim who is a minor; the legal guardian of a victim; or the person authorized to give consent for the victim under § 5–605 of the Health – General Article.

For the purposes of Part II of this subtitle, a person is convicted when in a criminal proceeding the person: is found guilty; or enters a plea of guilty or nolo contendere and the plea is accepted by the court.

In this section, “body fluids” has the meaning stated in § 18–338.1 of the Health – General Article. Exposure to HIV or hepatitis C between a victim and a person charged with a prohibited exposure occurs: by percutaneous or mucocutaneous contact with blood or body fluids; by contact for a prolonged period with blood or body fluids of an open wound, including dermatitis, exudative lesions, and chapped skin; by intact skin contact for a prolonged period with large amounts of blood or body fluids; or under any other condition or circumstance under which a person may be exposed to HIV or hepatitis C.

In addition to testing allowed under § 11–112 of this subtitle, the court may order a person charged with a prohibited exposure to give a blood sample to be tested for the presence of HIV or hepatitis C if: the person is charged with a prohibited exposure within 1 year after the prohibited exposure occurred; a victim or victim’s representative requests the testing in writing to the State’s Attorney in the county where the prohibited exposure occurred; and the court finds probable cause to believe that a prohibited exposure occurred.

In this section, “health care provider” has the meaning stated in § 18–336 of the Health – General Article. A circuit court judge or a District Court judge may issue an emergency order to obtain an oral swab from a person to be tested for the presence of HIV whenever it is made to appear to a judge, by application as described in paragraph (2) of this subsection, that there is probable cause to believe that the person has caused prohibited exposure to a victim. An application for an emergency order shall be: made as soon as possible after the alleged prohibited exposure, and in no event later than 72 hours after the alleged prohibited exposure; in writing, signed and sworn to by the applicant, and accompanied by an affidavit that sets forth the basis to believe that the person from whom an oral swab is requested has caused a prohibited exposure to a victim; sealed; and subject to rules developed by the Supreme Court of Maryland. An emergency order issued under this subsection shall meet the requirements under § 1–203 of this article. The Supreme Court of Maryland may adopt rules to carry out the requirements of this subsection. A law enforcement officer who has obtained an oral swab from a person pursuant to an emergency order issued in accordance with this section shall deliver the oral swab to a local health official or health care provider to be tested for the presence of HIV. A test for the presence of HIV shall be immediately performed on the sample. After receiving the results of a test conducted under subsection (c) of this section, the local health officer or health care provider immediately shall provide the results to: the victim or victim’s representative; and the person from whom the oral swab was taken. The results of a test conducted under subsection (c) of this section are: subject to the disclosure restriction in § 11–114 of this subtitle; and not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure. The Maryland Department of Health shall adopt regulations to carry out the requirements of subsections (c) through (g) of this section. A health care provider that offers the immediate testing of a sample under subsection (c) of this section shall adopt procedures to meet the requirements under this section.

Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim’s representative and the person charged with a prohibited exposure have the right to be present. The victim or victim’s representative and the person charged with a prohibited exposure shall be notified of: the date, time, and location of the hearing; and their right to be present at the hearing. During the hearing, a court may admit into evidence only affidavits, counter-affidavits, and medical records that: relate to the material facts of the case; and support or rebut a finding of probable cause to issue a court order. The written request of the victim or victim’s representative shall be filed by the State’s Attorney with the court and sealed by the court. Except for good cause, the court shall: hold the hearing within 30 days of the State’s Attorney’s presentment of the victim’s written request to the court; and issue an order granting or denying the request within 3 days of the conclusion of the hearing.

Within 10 days of a written request of a victim or victim’s representative to the State’s Attorney in the county where a prohibited exposure occurred, the court shall order a test of a blood sample for HIV and any other identified causative agent of AIDS or hepatitis C. The blood sample shall be given by: a person who has been convicted of a crime that includes a prohibited exposure; a person who has been granted probation before judgment under § 6-220 of this article in a case involving a prohibited exposure; or a child respondent who has been found to have committed a delinquent act that includes a prohibited exposure. The written request shall be filed by the State’s Attorney with the court and sealed by the court.

After conviction or a finding of a prohibited exposure, a finding of probable cause under § 11–110(3) of this subtitle, or a granting of probation before judgment under § 11–112 of this subtitle, the State’s Attorney shall within 3 days notify the local health officer of the written request by the victim or victim’s representative for testing. On receipt of a court order for testing issued under § 11–110(3) or § 11–112 of this subtitle, the local health officer or the local health officer’s designee from any other governmental unit shall: collect the blood sample within 7 days from the person who is charged with, convicted of, or found to have committed a prohibited exposure; test the blood sample; and if the test is conducted for the presence of HIV, give pretest and posttest counseling to the victim or victim’s representative and the person subject to testing in accordance with Title 18, Subtitle 3, Part VI of the Health – General Article. After receiving the results of a test conducted under subsection (a) of this section, the local health officer shall promptly send notice of the test results to: the victim or victim’s representative; and the person charged with, convicted of, or found to have committed a prohibited exposure. The local health officer may not disclose positive test results to a victim or victim’s representative or a person charged with, convicted of, or found to have committed a prohibited exposure without also giving, offering, or arranging for appropriate counseling to: the victim or victim’s representative; and the person. The following shall notify a victim of prohibited exposure or the victim’s representative of the provisions of Part II of this subtitle: a sexual assault crisis program established under § 11–923 of this title when a victim or victim’s representative contacts the program; an intake officer who receives a complaint for the alleged prohibited exposure under § 3–8A–10 of the Courts Article; or on the filing of a charging document or delinquency petition for the alleged prohibited exposure: the Department of State Police; the Police Department of Baltimore City; the police unit of a county; the police unit of a municipal corporation; the office of the sheriff of a county; the office of the State’s Attorney of a county; the Office of the Attorney General; the Office of the State Prosecutor; the Department of Juvenile Services; or the police unit of a bicounty unit or the University System of Maryland.

A victim or victim’s representative who receives notification under § 11-113(b) of this subtitle may disclose the results of the test to another person to protect the health and safety of, or to seek compensation for, the victim, the victim’s sexual partner, or the victim’s family. Except as otherwise provided in Part II of this subtitle, a person who receives notification or disclosure of the results of the test under subsection (a) of this section may not knowingly disclose the results of that test. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $5,000 or both.

The results of a test held under Part II of this subtitle are not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.

An agent or employee of the Maryland Department of Health or any other State employee who complies with Part II of this subtitle has the immunity from liability described under § 5–522 of the Courts Article for actions taken in accordance with Part II of this subtitle.

The Maryland Department of Health shall adopt regulations to carry out Part II of this subtitle, including regulations on: the confidentiality of HIV or hepatitis C test results; and giving the victim or victim’s representative counseling regarding HIV or hepatitis C, HIV or hepatitis C testing, and referral for appropriate health care and support services.