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Bill

SB 531

Criminal Procedure - Victims of Sexually Assaultive Behavior - Request for Verbal Acknowledgement (Verbal Waiver Transparency Act)

2026 Regular Session Introduced by Shaneka Henson and 3 co-sponsors

Maryland bill requires prosecutors to obtain recorded verbal acknowledgement from sexual assault victims when they waive jury trial rights to ensure informed consent and transparency.

Approved by the Governor - Chapter 407
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Bill Summary · SB 531

Legislative bill overview

SB 531 requires law enforcement and prosecutors to obtain explicit verbal acknowledgement from sexual assault victims when they waive their right to a jury trial, rather than relying solely on written waivers. The bill mandates that this verbal acknowledgement be recorded and documented in the case file to ensure transparency and informed consent.

Why is this important

Sexual assault cases involve traumatized victims navigating a complex legal system, and ensuring they truly understand what they're waiving is a critical safeguard. This measure addresses concerns that written waivers alone may not adequately demonstrate informed, voluntary consent—particularly for vulnerable victims who may be coerced, confused, or inadequately counseled about the implications of bench trials versus jury trials.

Potential points of contention

  • Prosecution efficiency: Requiring verbal acknowledgements adds procedural steps that could slow case processing and create opportunities for defendants to challenge trial validity based on technical compliance failures
  • Victim burden: Mandatory verbal waiver procedures could require victims to participate in additional interactions with the legal system, potentially re-traumatizing them or extending their involvement
  • Implementation costs: Courts and law enforcement will need resources for recording equipment, training, and documentation systems to comply with the new requirement

Compiled from official sources — confirm details with the bill’s official record.

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