Maryland

Maryland has adopted all six pillars of rape kit reform. The state is working on clearing its backlog.

Reform Status
Full Reform
Testing Status
In-Process
Untested Kits
Now 5999*
Then 3736**
* According to a report by the Office of Attorney General there were 5999 untested kits in Maryland in 2024.
** According to a report by the Office of Attorney General there were 3736 untested kits in Maryland in 2017.

Pillar Count

6/6 Pillars
Maryland has adopted all six pillars of rape kit reform. The state is working on clearing its backlog.
Statewide Inventory

Yes, the state carried out a one-time inventory.

  • Is the inventory recurring? No
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? Yes
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

In-Process, the state has committed to testing its backlogged kits.

Maryland is eliminating its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 30 Days
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? Not specified
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? No
  • Does the law state that the tracking system should track if kit a has been destroyed? No
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? No
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? No
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? No
  • Do victims have the right to receive notification before destruction of their kit? Yes
  • Are victims granted further preservation of the kit or its probative contents? Yes
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? Yes
  • Do victims have the right to receive a physical document identifying their rights under law? No
Fund Reform

Yes, the state has allocated one-time funding.

See state reform timeline below.

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State Reform Timeline

2025
Bill: Enacted
HB675 and HB350 enacted in Maryland

In 2025, legislators in Maryland enacted HB675, which expands the purpose of the Rape Kit Testing Grant Fund and HB350, which removes the negative deficiency for the fund.

Bill: Failed
HB1550 failed in Maryland

In 2025, legislators in Maryland introduced HB1550, which would have required crime labs to test kits within 180 days and eliminate backlogged kits as soon as possible. This bill failed to pass.

2024
Funding
$258,372 awarded in Baltimore

In 2024, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded Baltimore County $258,372 for the investigation and prosecution of cold case sexual assaults and sexually motivated homicides.

Inventory
5,999 untested kits left in Maryland

According to the Office of Attorney General’s SAKI Data Page, there were 5,999 untested kits in Maryland as of February 2024. An original inventory uncovered 6,818 untested kits across law enforcement departments, and an additional 44 untested kits in medical facilities’ possession. Latest numbers from the Attorney General’s website show that 863 of these kits were tested. This leaves a total of 5,999 backlogged kits.

Other
Maryland's tracking system goes live

Maryland Gov. Wes Moore and Attorney General Anthony Brown announced on June 20, 2024 that the state’s rape kit tracking system with a victim portal went live.

2023
Bill: Enacted
HB759 enacted in Maryland

In 2023, Maryland legislators enacted HB759, a bill that requires the Governor’s Office of Crime Prevention, Youth, and Victim Services to establish and administer a statewide rape kit tracking system. The system will track status location of a kit from collection at medical facilities, to law enforcement agencies, to the crime lab, all agencies required to participate in the system. The system will include previously untested rape kits. According to this bill, the tracking system is required to have a victim portal, and will go live by October 1st, 2023.

2022
Report
5,468 untested kits left in Maryland

According to a report by the Office of Attorney General there were 5,468 untested kits in Maryland in 2022. An original inventory uncovered 6,181 untested kits across law enforcement departments, and an additional 44 untested kits in medical facilities’ possession. Latest numbers from the Attorney General’s website show that 757 of these kits have been sent in for testing. This leaves a total of 5,468 backlogged kits.

2021
Bill: Enacted
HB588 enacted in Maryland

In 2021, Maryland legislators introduced HB588, a bill ensuring the remaining balance from the Rape Kit Testing Grant Fund, which had appropriated $3.5 million in Fiscal Year 2020, would be spent for rape kit testing for this fiscal year. In June 2021, the bill was enacted into law.

2020
Funding
Maryland's budget bill included $3.5 million for kit testing

Maryland’s 2020 budget bill, SB0190, provided an allocation of $3.5 million toward the testing of rape kits.

Funding
$1,129,288 awarded in Baltimore

In 2020, BJA awarded the county of Baltimore $911,108 to investigate and prosecute cold case sexual assaults, with an additional $218,180 to inventory, track, and report on rape kits.

2019
Inventory
6,000 kits found in Maryland

In January 2019, the Committee released a report citing over 6,000 untested rape kits in the state.

Bill: Enacted
SB569 enacted in Maryland

In 2019, Maryland enacted SB569 to establish the Rape Kit Testing Grant Fund to pay for the testing of rape kits. The state legislature appropriated $3.5 million for this fund in the Fiscal Year 2020 budget. The Governor’s Office of Crime Control and Prevention was to administer grants to law enforcement agencies to pay for rape kit testing.

Bill: Enacted
HB1096 enacted in Maryland

Additionally in 2019, Maryland enacted HB1096, which requires law enforcement to submit rape kits to a crime lab for testing unless the victim does not consent to testing, there is clear evidence disproving the allegation, or the suspect is in the Combined DNA Index System (CODIS) and has pled guilty to the assault. Law enforcement is required to submit all other kits for analysis within 30 days of receipt from a medical facility, and labs are required to test the kits in a timely manner. Additionally, the Maryland Sexual Assault Evidence Kit Policy and Funding Committee of the Attorney General’s Office were to establish an independent process to review and make recommendations regarding law enforcement decisions not to test kits. Read Joyful Heart’s testimony.

2018
Bill: Enacted
HB1124 enacted in Maryland

​In 2018, Maryland enacted HB1124, requiring the Sexual Assault Evidence Kit (SAEK) Policy and Funding Committee to develop recommendations to create and operate a statewide rape kit tracking system that will be accessible to survivors of sexual assault.

Funding
$2,620,408 awarded in Maryland

Also in 2018, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Maryland Governor’s Office of Crime Control and Prevention $2,620,408 to test kits, investigate and prosecute cases, and re-engage survivors in the criminal justice system.

2017
Bill: Enacted
HB255 enacted in Maryland

In 2017, Maryland enacted HB255, requiring law enforcement and other agencies to preserve all newly collected rape kits for 20 years following collection, notify survivors at least 60 days before planned kit destruction, and to keep kits for longer, upon written request. The law also grants survivors the right to receive, within 30 days of request, information about the location and status of their kits. Read Joyful Heart’s testimony in support.

Inventory
3,700 kits found in Maryland

In January 2017, the Maryland Sexual Assault Evidence Kit Policy and Funding Committee of the Attorney General’s Office released a report that found 3,700 untested rape kits statewide. Maryland law did not require law enforcement agencies to test rape kits.

2016
Inventory
DOJ found only 15% of kits tested in Baltimore

In August 2016, the Department of Justice found that, between 2010 and 2014, the Baltimore Police Department tested rape kits in just 15% of sexual assault cases, and otherwise systematically failed sexual assault survivors.

2015
Bill: Enacted
SB498 enacted in Maryland

In 2015, Maryland enacted SB498, requiring law enforcement agencies to conduct a one-time audit of untested rape kits. This audit identified 3,700 untested rape kits across the state, as reported by the state attorney general in 2017.

Bill: Enacted
HB382 enacted in Maryland

That same year, Maryland also enacted HB382, requiring health care professionals to provide survivors with the investigating law enforcement agency’s contact information so they could inquire about the status of their cases. The law requires law enforcement to inform survivors about the status of their rape kit testing, and any available results, upon the survivor’s request.

2014
Accountability
Accountability Project issued records request in Baltimore

In 2014, The Accountability Project issued an open records request to bring the number of untested kits in Baltimore to light. In response to our request, Joyful Heart received contradictory information from the Baltimore Police Department and the Baltimore Police Department Crime Lab.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Maryland to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Incomplete information received
Baltimore, MD
2014
Unknown

More from Maryland

Maryland Passes Law to Test Rape Kits
After years of advocacy, the Joyful Heart Foundation today celebrated Maryland Governor Larry Hogan’s signing of H.B. 1096, which will ensure most rape kits are submitted to a crime lab and tested in a timely manner. This effort, coupled with the $3.5 million the legislature has appropriated to test kits, standardizes rape kit handling processes throughout Maryland and sends a message to survivors that they matter.
Maryland Sends Bill to Track Rape Kits to Governor’s Desk
The Joyful Heart Foundation today applauded the Maryland state legislature’s passage of H.B. 1124, which requires the Sexual Assault Evidence Kit (SAEK) Policy and Funding Committee to develop recommendations to create and operate a statewide rape kit tracking system that will be accessible to victims of sexual assault. Tracking sexual assault kits in law enforcement custody is a critical piece of rape kit reform and adds to the efforts championed by State Delegate Shelly Hettleman to address the handling of rape kits in Maryland.
U.S. DOJ Finds Baltimore Police Failed Sexual Assault Survivors
In a report released on August 10, 2016, the U.S. Department of Justice (DOJ) criticized the Baltimore Police Department (BPD) for violating the constitutional and legal rights of Baltimore residents. The DOJ also identified an alarming pattern of negligence in the BPD’s handling of sexual assault cases. The report found that in such cases, the BPD […]