# Criminal Procedure (GCP)

## Title 8. Other Postconviction Review

### Subtitle 3. Newly Discovered Evidence

#### Section 8-302

(a)

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

  (2) "Qualifying offense" means:

    (i) unnatural or perverted sexual practice under Sec. 3-322 of the Criminal Law Article, as that offense existed before October 1, 2023;

    (ii) possessing or administering a controlled dangerous substance under Sec. 5-601 of the Criminal Law Article;

    (iii) possessing or purchasing a noncontrolled substance under Sec. 5-618 of the Criminal Law Article;

    (iv) possessing or distributing controlled paraphernalia under Sec. 5-620(a)(2) of the Criminal Law Article;

    (v) fourth-degree burglary under Sec. 6-205 of the Criminal Law Article;

    (vi) malicious destruction of property in the lesser degree under Sec. 6-301(c) of the Criminal Law Article;

    (vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law Article;

    (viii) misdemeanor theft under Sec. 7-104 of the Criminal Law Article;

    (ix) misdemeanor obtaining property or services by bad check under Sec. 8-103 of the Criminal Law Article;

    (x) possession or use of a fraudulent government identification document under Sec. 8-303 of the Criminal Law Article;

    (xi) public assistance fraud under Sec. 8-503 of the Criminal Law Article;

    (xii) false statement to a law enforcement officer or public official under Sec. 9-501, Sec. 9-502, or Sec. 9-503 of the Criminal Law Article;

    (xiii) disturbing the public peace and disorderly conduct under Sec. 10-201 of the Criminal Law Article;

    (xiv) indecent exposure under Sec. 11-107 of the Criminal Law Article;

    (xv) prostitution under Sec. 11-303 of the Criminal Law Article;

    (xvi) driving with a suspended registration under Sec. 13-401(h) of the Transportation Article;

    (xvii) failure to display registration under Sec. 13-409(b) of the Transportation Article;

    (xviii) driving without a license under Sec. 16-101 of the Transportation Article;

    (xix) failure to display license to police under Sec. 16-112(c) of the Transportation Article;

    (xx) possession of a suspended license under Sec. 16-301(j) of the Transportation Article;

    (xxi) driving while privilege is canceled, suspended, refused, or revoked under Sec. 16-303 of the Transportation Article;

    (xxii) owner failure to maintain security on a vehicle under Sec. 17-104(b) of the Transportation Article;

    (xxiii) driving while uninsured under Sec. 17-107 of the Transportation Article;

    (xxiv) prostitution or loitering as prohibited under local law;

    (xxv) unauthorized use under Sec. 14-102 of the Transportation Article; or

    (xxvi) soliciting or offering to solicit prostitution or assignation under Sec. 11-306 of the Criminal Law Article.

  (3) "Victim of human trafficking" means a person who has been subjected to an act of another committed in violation of:

    (i) Title 3, Subtitle 11 of the Criminal Law Article; or

    (ii) Sec. 1589, Sec. 1590, Sec. 1591, or Sec. 1594(a) of Title 18 of the United States Code.

(b) A person convicted of a qualifying offense may file a motion to vacate the judgment if the person's participation in the offense was a direct result of being a victim of human trafficking.

(c) A motion filed under this section shall:

  (1) be in writing;

  (2) be made within a reasonable period of time after the conviction;

  (3) describe the evidence and include copies of any documents showing that the movant is entitled to relief under this section;

  (4) be served on the State's Attorney in the jurisdiction where the conviction for the qualifying offense occurred; and

  (5) if the qualifying offense occurred within 5 years before the filing of the motion, be mailed to any victim or victim's representative at the victim's or victim's representative's last known address.

(d)

  (1) The court may grant a motion filed under this section on a finding based on a preponderance of the evidence that the movant committed the qualifying offense as a direct result of being a victim of human trafficking.

  (2) When making a finding under this subsection, the court shall consider:

    (i) the length of time between the offense and the trafficking of the movant;

    (ii) the dynamics of the relationship between the movant and the person committing trafficking against the movant; and

    (iii) any other relevant evidence.

(e) The court may grant a motion filed under this section without a hearing if:

  (1) the State's Attorney consents to the motion;

  (2) no objection to the relief requested has been filed by a victim or victim's representative; and

  (3) at least 60 days have elapsed since notice and service under subsection (c) of this section.

(f) The court may dismiss a motion filed under this section without a hearing if the court finds that:

  (1) the motion fails to assert grounds on which relief may be granted;

  (2) the motion offers no additional evidence beyond that which has previously been considered by the court; or

  (3) the movant acted fraudulently or in bad faith in filing the motion.

(g)

  (1) If a court grants a motion filed under this section, the court shall vacate the conviction.

  (2) The court shall state the reasons for its ruling on the record.

(h) A movant in a proceeding under this section has the burden of proof.

(i) A conviction that has been vacated under this section may not be considered a conviction for any purpose.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)