§ 8-302
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/md/criminal-procedure/8-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§8–302.
(1)In this section the following words have the meanings indicated.
(2)“Qualifying offense” means:
(i)unnatural or perverted sexual practice under § 3–322 of the Criminal Law Article, as that offense existed before October 1, 2023;
(ii)possessing or administering a controlled dangerous substance under § 5–601 of the Criminal Law Article;
(iii)possessing or purchasing a noncontrolled substance under § 5–618 of the Criminal Law Article;
(iv)possessing or distributing controlled paraphernalia under § 5–620(a)(2) of the Criminal Law Article;
(v)fourth–degree burglary under § 6–205 of the Criminal Law Article;
(vi)malicious destruction of property in the lesser degree under § 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 § 7–104 of the Criminal Law Article;
(ix)misdemeanor obtaining property or services by bad check under § 8–103 of the Criminal Law Article;
(x)possession or use of a fraudulent government identification document under § 8–303 of the Criminal Law Article;
(xi)public assistance fraud under § 8–503 of the Criminal Law Article;
(xii)false statement to a law enforcement officer or public official under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article;
(xiii)disturbing the public peace and disorderly conduct under § 10–201 of the Criminal Law Article;
(xiv)indecent exposure under § 11–107 of the Criminal Law Article;
(xv)prostitution under § 11–303 of the Criminal Law Article;
(xvi)driving with a suspended registration under § 13–401(h) of the Transportation Article;
(xvii)failure to display registration under § 13–409(b) of the Transportation Article;
(xviii) driving without a license under § 16–101 of the Transportation Article;
(xix)failure to display license to police under § 16–112(c) of the Transportation Article;
(xx)possession of a suspended license under § 16–301(j) of the Transportation Article;
(xxi)driving while privilege is canceled, suspended, refused, or revoked under § 16–303 of the Transportation Article;
(xxii)owner failure to maintain security on a vehicle under § 17–104(b) of the Transportation Article;
(xxiii) driving while uninsured under § 17–107 of the Transportation Article;
(xxiv)prostitution or loitering as prohibited under local law;
(xxv)unauthorized use under § 14–102 of the Transportation Article; or
(xxvi)soliciting or offering to solicit prostitution or assignation under § 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)§ 1589, § 1590, § 1591, or § 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.
(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.
(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.