Maryland Senate Bill SB597

Maryland 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/6/23

Caption

Pensions and Retirement – Forfeiture of Benefits – Law Enforcement Officers

Impact

The implementation of SB 597 is anticipated to have a profound impact on the state personnel and pensions system. By tying retirement benefits to officers' conduct, the bill aims to strengthen accountability and uphold public trust in law enforcement. The law expressly indicates that provisions will not be retroactive and only apply to crimes committed after its effective date of July 1, 2023. This means existing retirees would not be subject to these new rules, thereby creating a clearer delineation of responsibility moving forward.

Summary

Senate Bill 597 establishes new guidelines regarding the forfeiture of retirement benefits for law enforcement officers who are convicted of qualifying crimes. Specifically, the bill outlines that benefits can be forfeited if an officer is found guilty, pleads guilty, or enters a nolo contendere plea to serious criminal charges while serving in their capacity. This marks a significant shift in how pensions are handled for law enforcement, ensuring that misconduct can have financial repercussions in addition to legal penalties.

Contention

There may be contention surrounding the bill given the balancing act it represents between disciplinary measures against law enforcement and the rights of retired officers. Critics may argue that the forfeiture of benefits can severely impact officers who are wrongfully convicted. Additionally, the bill allows courts to take various factors into account when considering requests for restitution of benefits, which might lead to disputes over judicial interpretations of what qualifies as an appropriate degree of financial support post-conviction.