Article - Criminal Procedure
(a) (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;
(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; or
(xxiv) prostitution or loitering as prohibited under local law.
(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.
(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.