(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, 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. (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.
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