EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb1012*
HOUSE BILL 1012
D3, E4 2lr0510
CF 2lr2140
By: Delegate Wilkins
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Police Immunity and Accountability Act 2
FOR the purpose of specifying that a police officer who subjects or causes to be subjected 3
any individual to the deprivation of certain rights under the Maryland Constitution 4
or the U.S. Constitution is liable for certain damages; establishing that a police 5
officer is not immune from civil or criminal liability for violations of another 6
individual’s constitutional rights; requiring the Maryland Police Training and 7
Standards Commission to review certain cases brought under this Act; requiring an 8
officer’s employer or a local jurisdiction to satisfy certain judgments or settlements; 9
requiring an officer’s employer or a local jurisdiction to seek certain reimbursement; 10
extending the notice to file claim deadlines under the Local Government Tort Claims 11
Act and the Maryland Tort Claims Act when the claim arises from certain acts, 12
omissions, or violations by a police officer; and generally relating to actions against 13
police officers and government liability. 14
BY repealing and reenacting, with amendments, 15
Article – Courts and Judicial Proceedings 16
Section 5–304 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – Courts and Judicial Proceedings 21
Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Police 22
Immunity and Accountability Act” 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Government 27
Section 12–106 28 2 HOUSE BILL 1012
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
Preamble 3
WHEREAS, The Equal Protection Clause of the United States Constitution protects 4
individuals from biased and discriminatory policing; and 5
WHEREAS, Every Maryland resident has the right to fair, safe, and equitable 6
policing; and 7
WHEREAS, In order to hold police officers accountable and to promote proper 8
policing, an officer who violates another individual’s constitutional rights under the State 9
or U.S. Constitution is not immune from civil or criminal liability for the violation; now, 10
therefore, 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Courts and Judicial Proceedings 14
5–304. 15
(a) This section does not apply to an action: 16
(1) Against a nonprofit corporation described in § 5–301(d)(23), (24), (25), 17
(26), (28), or (29) of this subtitle or its employees; or 18
(2) Brought under § 5–117 of this title. 19
(b) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND 20
subsections (a) and (d) of this section, an action for unliquidated damages may not be 21
brought against a local government or its employees unless the notice of the claim required 22
by this section is given within 1 year after the injury. 23
(2) NOTICE OF A CLAIM ARI SING FROM A TORTIOUS ACT OR OMISSION 24
OR A VIOLATION OF A CONSTITUTIONAL RIGHT COMMITTED BY A POLIC E OFFICER 25
SHALL BE GIVEN WITHI N 3 YEARS AFTER THE INJU RY. 26
(3) The notice shall be in writing and shall state the time, place, and cause 27
of the injury. 28
(c) (1) The notice required under this section shall be given in person or by 29
certified mail, return receipt requested, bearing a postmark from the United States Postal 30
Service, by the claimant or the representative of the claimant. 31
HOUSE BILL 1012 3
(2) Except as otherwise provided, if the defendant local government is a 1
county, the notice required under this section shall be given to the county commissioners 2
or county council of the defendant local government. 3
(3) If the defendant local government is: 4
(i) Baltimore City, the notice shall be given to the City Solicitor; 5
(ii) Howard County or Montgomery County, the notice shall be given 6
to the County Executive; and 7
(iii) Anne Arundel County, Baltimore County, Frederick County, 8
Harford County, or Prince George’s County, the notice shall be given to the county solicitor 9
or county attorney. 10
(4) For any other local government, the notice shall be given to the 11
corporate authorities of the defendant local government. 12
(d) Notwithstanding the other provisions of this section, unless the defendant can 13
affirmatively show that its defense has been prejudiced by lack of required notice, upon 14
motion and for good cause shown the court may entertain the suit even though the required 15
notice was not given. 16
(e) (1) [This] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THIS 17
section does not apply if, within 1 year after the injury, the defendant local government has 18
actual or constructive notice of: 19
[(1)] (I) The claimant’s injury; or 20
[(2)] (II) The defect or circumstances giving rise to the claimant’s injury. 21
(2) FOR A CLAIM ARISING FROM A TORTIOUS ACT OR OMIS SION OR A 22
VIOLATION OF A CONST ITUTIONAL RIGHT COMM ITTED BY A POLICE OFFICER, THIS 23
SECTION DOES NOT APP LY IF, WITHIN 3 YEARS AFTER THE INJU RY, THE DEFENDANT 24
LOCAL GOVERNMENT HAS ACTUAL OR CONSTRUCTI VE NOTICE OF: 25
(I) THE CLAIMANT’S INJURY; OR 26
(II) THE DEFECT OR CIRCUMS TANCES GIVING RISE T O THE 27
CLAIMANT’S INJURY. 28
SUBTITLE 13. POLICE IMMUNITY AND ACCOUNTABILITY ACT. 29
5–1301. 30
4 HOUSE BILL 1012
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “LOCAL JURISDICTION” MEANS A COUNTY OR MU NICIPAL 3
CORPORATION . 4
(C) “MARYLAND POLICE TRAINING AND STANDARDS COMMISSION” MEANS 5
THE UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 6
SERVICES ESTABLISHED UNDER § 3–202 OF THE PUBLIC SAFETY ARTICLE. 7
(D) “OFFICER” MEANS A POLICE OFFIC ER AS DEFINED IN § 3–201 OF THE 8
PUBLIC SAFETY ARTICLE. 9
5–1302. 10
(A) AN OFFICER WHO SUBJECTS OR CAUSES TO BE SUBJ ECTED ANY 11
INDIVIDUAL TO THE DE PRIVATION OF ANY RIG HTS, PRIVILEGES, OR IMMUNITIES 12
SECURED BY THE MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION SHALL 13
BE LIABLE FOR DAMAGES BROUGHT IN A N ACTION AGAINST THE OFFICER. 14
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN OFFICER WHO 15
VIOLATES ANOTHER INDIVIDUAL ’S CONSTITUTIONAL RIG HTS UNDER THE 16
MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION IS NOT I MMUNE FROM 17
CIVIL OR CRIMINAL LI ABILITY FOR THE VIOL ATION. 18
(C) (1) STATUTORY IMMUNITY PR OVIDED UNDER SUBTITLE 5 OF THIS 19
TITLE OR TITLE 12, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE OR COMMON 20
LAW PUBLIC OFFICIAL IMMUNITY DOES NOT AP PLY TO A CLAIM BROUG HT UNDER 21
THIS SECTION. 22
(2) QUALIFIED IMMUNITY IS NOT A DEFENSE TO LI ABILITY OR AN 23
IMMUNITY FROM SUIT UNDER THIS SECTION . 24
(D) THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 25
SHALL: 26
(1) REVIEW ANY CASE BROUG HT UNDER THIS SECTIO N IN WHICH AN 27
OFFICER OR OFFICER’S EMPLOYER: 28
(I) WAS HELD LIABLE; OR 29
(II) ENTERED INTO A SETTLEMENT AG REEMENT; AND 30
HOUSE BILL 1012 5
(2) DETERMINE WHETHER THE OFFICER’S CERTIFICATION TO W ORK 1
IN THE STATE SHOULD BE REVOK ED. 2
(E) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE COURT SHALL 3
AWARD REASONABLE ATT ORNEY’S FEES AND COURT COS TS TO A PREVAILING 4
PLAINTIFF. 5
(2) EACH SETTLEMENT AGREE MENT FOR AN ACTION B ROUGHT 6
UNDER THIS SECTION S HALL PROVIDE THAT TH E PLAINTIFF IS ENTIT LED TO 7
REASONABLE ATTORNEY ’S FEES AND COURT COSTS . 8
(F) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , ANY FINAL 9
JUDGMENT OR SETTLEME NT AGAINST THE OFFICER OR THE O FFICER’S EMPLOYER 10
OR THE LOCAL JURISDI CTION WHERE THE OFFI CER IS EMPLOYED SHAL L BE 11
ENTERED AND SATISFIE D BY THE OFFICER ’S EMPLOYER OR THE LO CAL 12
JURISDICTION WHERE T HE OFFICER IS EMPLOY ED. 13
(2) THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHERE 14
THE OFFICER IS EMPLO YED SHALL SEEK REIMB URSEMENT FROM THE OF FICER FOR 15
5% OR $25,000, WHICHEVER IS LESS , FROM ANY FINAL JUDGMENT OR SETTLEMENT 16
ENTERED AGAINST THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 17
THE OFFICER IS EMPLO YED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 18
(G) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T THE RIGHT OF AN 19
INDIVIDUAL TO SEEK R EMEDIES OTHERWISE AV AILABLE UNDER ANY OT HER 20
PROVISION OF LAW . 21
Article – State Government 22
12–106. 23
(a) This section does not apply to a claim that is: 24
(1) asserted by cross–claim, counterclaim, or third–party claim; or 25
(2) brought under § 5–117 of the Courts Article. 26
(b) (1) Except as provided in subsection (c) of this section, a claimant may not 27
institute an action under this subtitle unless: 28
[(1)] (I) EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS 29
SUBSECTION, the claimant submits a written claim to the Treasurer or a designee of the 30
Treasurer within 1 year after the injury to person or property that is the basis of the claim; 31
6 HOUSE BILL 1012
[(2)] (II) the Treasurer or designee denies the claim finally; and 1
[(3)] (III) the action is filed within 3 years after the cause of action arises. 2
(2) A CLAIM ARISING FROM A TORTIOUS ACT OR OMIS SION OR A 3
VIOLATION OF A CONST ITUTIONAL RIGHT COMMITTED BY A POLICE OFFICER SHALL 4
BE SUBMITTED WITHIN 3 YEARS AFTER THE IN JURY. 5
(c) (1) If a claimant fails to submit a written claim in accordance with 6
subsection [(b)(1)] (B)(1)(I) OR (2) of this section, on motion by a claimant and for good 7
cause shown, the court may entertain an action under this subtitle unless the State can 8
affirmatively show that its defense has been prejudiced by the claimant’s failure to submit 9
the claim. 10
(2) [Subsection (b)(1) and (2)] EXCEPT AS PROVIDED IN PARAGRAPH (3) 11
OF THIS SECTION, SUBSECTION (B)(1)(I) AND (II) of this section does not apply if, within 12
1 year after the injury to person or property that is the basis of the claim, the State has 13
actual or constructive notice of: 14
(i) the claimant’s injury; or 15
(ii) the defect or circumstances giving rise to the claimant’s injury. 16
(3) FOR A CLAIM ARISING F ROM A TORTIOUS ACT O R OMISSION OR A 17
VIOLATION OF A CONSTITUTIONAL RIG HT COMMITTED BY A POLICE OFFICER, 18
SUBSECTION (B)(1)(II) AND (2) OF THIS SECTION DOES NOT APPLY IF, WITHIN 3 19
YEARS AFTER THE INJU RY TO PERSON OR PROP ERTY THAT IS THE BAS IS OF THE 20
CLAIM, THE STATE HAS ACTUAL OR C ONSTRUCTIVE NOTICE O F: 21
(I) THE CLAIMANT ’S INJURY; OR 22
(II) THE DEFECT OR CIRCUMSTAN CES GIVING RISE TO T HE 23
CLAIMANT’S INJURY. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 25
apply only prospectively and may not be applied or interpreted to have any effect on or 26
application to any cause of action arising before the effective date of this Act. 27
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2022. 29