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VETOES
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H.B. 900
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(b) (1) A court record pertaining to a child is confidential and its contents
may not be divulged, by subpoena or otherwise, except by order of the court upon good
cause shown or as provided in § 7-303 of the Education Article.
(2) This subsection does not prohibit access to and the use of the court
record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal
Procedure Article in a proceeding in the court involving the child, by personnel of the
court, the State's Attorney, counsel for the child, a court-appointed special advocate
for the child, or authorized personnel of the Department of Juvenile Services.
(3) (i) Except as provided in subparagraph (ii) of this paragraph, this
subsection does not prohibit access to and confidential use of the court record or
fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure
Article by the Department of Juvenile Services or in an investigation and prosecution
by a law enforcement agency.
(ii) The court record or fingerprints of a child described under §§
10-215(a)(21) and (22), 10-216, and 10-220 of the Criminal Procedure Article may
not be disclosed to:
1. A federal criminal justice agency or information center; or
2. Any law enforcement agency other than a law enforcement
agency of the State or a political subdivision of the State.
(4) (i) This subsection does not prohibit access to and use of a court
record by a judicial officer who is authorized under the Maryland Rules to determine
a defendant's eligibility for pretrial release, counsel for the defendant, or the State's
Attorney if:
1. The individual who is the subject of the court record is
charged as an adult with an offense;
2. The access to and use of the court record is strictly limited
for the purpose of determining the defendant's eligibility for pretrial release; and
3. The court record concerns an adjudication of delinquency
that occurred within 3 years of the date the individual is charged as an adult.
(ii) The Court of Appeals may adopt rules to implement the
provisions of this paragraph.
(5) (I) THIS SUBSECTION DOES NOT PROHIBIT ACCESS TO AND
CONFIDENTIAL USE OF A COURT RECORD BY A LOCAL THE BALTIMORE CITY HEALTH
DEPARTMENT:
(I) 1. IF THE LOCAL BALTIMORE CITY HEALTH DEPARTMENT IS
PROVIDING TREATMENT OR CARE TO A CHILD WHO IS THE SUBJECT OF THE RECORD,
FOR A PURPOSE RELEVANT TO THE PROVISION OF THE TREATMENT OR CARE; OR
(II) 2. IF THE RECORD CONCERNS A CHILD VICTIM OF A CRIME
OF VIOLENCE, AS DEFINED IN § 14-101 OF THE CRIMINAL LAW ARTICLE, WHO IS A
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