Maryland 2023 Regular Session

Maryland House Bill HB731

Introduced
2/8/23  

Caption

Pensions and Retirement – Forfeiture of Benefits – Law Enforcement Officers

Impact

The new law makes it clear that retirement benefits are not a guaranteed entitlement for law enforcement officers who engage in criminal behavior. By enabling forfeiture of benefits tied to misdeeds, the bill aims to uphold public trust in law enforcement by demonstrating accountability for officers' actions. Furthermore, the provisions state that the law applies only to crimes committed after the effective date of the Act, July 1, 2023, thus preventing retroactive enforcement of this law and protecting previously earned rights.

Summary

House Bill 731 introduces significant reforms regarding the forfeiture of retirement benefits for law enforcement officers in Maryland. Under this legislation, if an officer is found guilty of or pleads guilty to a qualifying crime, their benefits from the State Retirement and Pension System or any local system can be forfeited. The qualifying crimes include felonies, perjury, and misdemeanors related to truthfulness and veracity. The bill establishes clear procedures on how forfeitures are to be enacted and how they can be reversed if a conviction is overturned, ensuring that affected officers have a right to challenge the forfeiture of their benefits.

Contention

There are notable points of contention surrounding HB 731, particularly regarding the fairness of forfeiture procedures and whether such measures might create a chilling effect on the recruitment and retention of officers. Critics argue that the bill may disproportionately affect officers who may face wrongful accusations or trials, leading to a loss of benefits that they have rightfully earned over their careers. Moreover, the law specifies judicial considerations regarding financial needs and resources of the law enforcement officer and their dependents, ensuring a balanced approach to managing the legal and financial ramifications of a conviction.

Companion Bills

MD SB597

Crossfiled Pensions and Retirement – Forfeiture of Benefits – Law Enforcement Officers

Previously Filed As

MD SB597

Pensions and Retirement – Forfeiture of Benefits – Law Enforcement Officers

MD SB47

Pensions and Retirement - Forfeiture of Benefits - Law Enforcement Officers

MD HB123

Pensions and Retirement - Forfeiture of Benefits - Law Enforcement Officers

MD SB141

Pensions and Retirement – Forfeiture of Benefits – Law Enforcement Officers

MD HB98

State Retirement and Pension System - Forfeiture of Benefits

MD SB388

State Retirement and Pension System – Forfeiture of Benefits

MD HB9

State Retirement and Pension System - Forfeiture of Benefits

MD HB790

State Retirement and Pension System - Forfeiture of Benefits

MD SB329

Law Enforcement Officers' Pension System - Benefits

MD HB748

Law Enforcement Officers' Pension System - Benefits

Similar Bills

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI SB149

Relating To Property Forfeiture.

NJ SR51

Urges New Jersey Supreme Court to study reasonableness of lowering court fees in civil asset forfeiture cases.