Rule 4-333.1. Motion to Vacate Judgment of Conviction of Human Trafficking Victim

(a) Scope. This Rule applies to a motion to vacate a judgment of conviction filed by an individual convicted of a qualifying offense pursuant to Code, Criminal Procedure Article, § 8-302 if the individual's participation in the offense was a direct result of being a victim of human trafficking. (b) Content. The motion shall: (1) be in writing; and (2) describe the evidence and include copies of any documents showing that the movant is entitled to relief under Code, Criminal Procedure Article, § 8-302. (c) Notice. The motion shall be: (1) served on the State's Attorney for the jurisdiction where the conviction for the qualifying offense occurred; and (2) if the qualifying offense occurred within five years before the filing of the motion, mailed to any victim's or victim's representative's last known address. (d) Disposition Without a Hearing. (1) The Court may dismiss a motion filed under this section without a hearing if: (i) The motion fails to assert grounds on which relief may be granted; (ii) The motion offers no additional evidence beyond that which has previously been considered by the Court; or (iii) The movant acted fraudulently or in bad faith in filing the motion. (2) The Court may grant a motion filed under this section without a hearing if: (i) The State's Attorney consents to the motion; (ii) No objection has been filed by a victim or victim's representative; and (iii) At least 60 days have elapsed since notice and service of the motion. (e) Disposition. The Court may grant a motion filed under this section on finding by a preponderance of the evidence that the movant's participation in the qualifying offense was a direct result of being a victim of human trafficking. The court shall state the reasons for its ruling on the record.