MD
Maryland House Bill HB638

Maryland 2022 Regular Session

Maryland House Bill HB638 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0638*
66
77 HOUSE BILL 638
88 P1, E2 2lr1796
99
1010 By: Delegate Atterbeary
1111 Introduced and read first time: January 31, 2022
1212 Assigned to: Judiciary
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 State Government – Attorney General – Independent Investigations Division 2
1919
2020 FOR the purpose of renaming the Independent Investigative Unit in the Office of the 3
2121 Attorney General to be the Independent Investigations Division; authorizing the 4
2222 Attorney General or certain individuals designated by the Attorney General to seek 5
2323 certain injunctive relief or issue a certain subpoena under certain circumstances; 6
2424 authorizing the Independent Investigations Division or a certain State’s Attorney to 7
2525 prosecute a police officer under certain circumstances; requiring the Governor to 8
2626 annually include certain funding in the State budget; and generally relating to the 9
2727 Independent Investigations Division in the Office of the Attorney General. 10
2828
2929 BY repealing and reenacting, with amendments, 11
3030 Article – Public Safety 12
3131 Section 3–527 13
3232 Annotated Code of Maryland 14
3333 (2018 Replacement Volume and 2021 Supplement) 15
3434
3535 BY repealing and reenacting, with amendments, 16
3636 Article – State Government 17
3737 Section 6–106.2 to be under the new subtitle “Subtitle 6. Independent Investigations 18
3838 Division” 19
3939 Annotated Code of Maryland 20
4040 (2021 Replacement Volume) 21
4141
4242 BY adding to 22
4343 Article – State Government 23
4444 Section 6–601 and 6–603 through 6–605 24
4545 Annotated Code of Maryland 25
4646 (2021 Replacement Volume) 26
4747 2 HOUSE BILL 638
4848
4949
5050 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
5151 That the Laws of Maryland read as follows: 2
5252
5353 Article – Public Safety 3
5454
5555 3–527. 4
5656
5757 (a) (1) In this section the following words have the meanings indicated. 5
5858
5959 (2) “Law enforcement agency” has the meaning stated in § 3–201 of this 6
6060 title. 7
6161
6262 (3) “Police officer” has the meaning stated in § 3–201 of this title. 8
6363
6464 (b) A law enforcement agency shall notify the Independent [Investigative Unit] 9
6565 INVESTIGATIONS DIVISION within the Office of the Attorney General of any [alleged or 10
6666 potential police–involved death of a civilian] POLICE–INVOLVED INCIDENT THAT 11
6767 RESULTS IN THE DEATH OF A CIVILIAN OR INJ URIES THAT ARE LIKEL Y TO RESULT 12
6868 IN THE DEATH OF A CI VILIAN as soon as the law enforcement agency becomes aware of 13
6969 the incident. 14
7070
7171 (c) (1) A law enforcement agency shall cooperate with AND MAY NOT IMPEDE 15
7272 the Independent [Investigative Unit] INVESTIGATIONS DIVISION in connection with the 16
7373 investigation AND PROSECUTION of a police–involved death of a civilian. 17
7474
7575 (2) ON REQUEST OF THE ATTORNEY GENERAL OR THE ATTORNEY 18
7676 GENERAL’S DESIGNEE, A LOCAL LAW ENFORCEM ENT AGENCY SHALL PRO VIDE ANY 19
7777 REQUESTED EVIDENCE T O THE INDEPENDENT INVESTIGATIONS DIVISION. 20
7878
7979 (D) (1) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S 21
8080 DESIGNEE MAY SEEK TEMPORARY OR PERMANE NT INJUNCTIVE RELIEF IN A COURT 22
8181 OF COMPETENT JURISDI CTION IN ORDER TO FACILITA TE AN INVESTIGATION OR TO 23
8282 PREVENT INTERFERENCE WITH AN INVESTIGATIO N. 24
8383
8484 (2) IN A REQUEST FOR INJUNCTIVE RELIE F BROUGHT UNDER THIS 25
8585 SUBSECTION, THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 26
8686 IS NOT REQUIRED TO : 27
8787
8888 (I) POST BOND; 28
8989
9090 (II) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW 29
9191 DOES NOT EXIST; OR 30
9292
9393 (III) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE 31
9494 DAMAGE WOULD RESULT FROM ANY CONDUCT ALLEGED . 32 HOUSE BILL 638 3
9595
9696
9797
9898 Article – State Government 1
9999
100100 SUBTITLE 6. INDEPENDENT INVESTIGATIONS DIVISION. 2
101101
102102 6–601. 3
103103
104104 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
105105 INDICATED. 5
106106
107107 (B) “DIVISION” MEANS THE INDEPENDENT INVESTIGATIONS DIVISION IN 6
108108 THE OFFICE OF THE ATTORNEY GENERAL. 7
109109
110110 (C) “POLICE OFFICER ” HAS THE MEANING STAT ED IN § 3–201 OF THE 8
111111 PUBLIC SAFETY ARTICLE. 9
112112
113113 [6–106.2.] 6–602. 10
114114
115115 (a) [In this section, “police officer” has the meaning stated in § 3–201 of the Public 11
116116 Safety Article. 12
117117
118118 (b)] There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 13
119119 within the Office of the Attorney General. 14
120120
121121 (B) (1) THE DIVISION IS THE PRIMA RY INVESTIGATIVE UNI T FOR 15
122122 POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF CIVILIANS OR 16
123123 INJURIES LIKELY TO RESULT IN DEATH . 17
124124
125125 (2) THE OFFICE OF THE ATTORNEY GENERAL SHALL DETERMINE 18
126126 WHETHER AN INCIDENT IS POLICE–INVOLVED AND WHETHER AN INJURY IS LIKELY 19
127127 TO RESULT IN DEATH . 20
128128
129129 (c) [(1)] The [Independent Investigative Unit] DIVISION: 21
130130
131131 (1) shall investigate all [alleged or potential police–involved deaths of 22
132132 civilians.] POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF A CIVILIAN 23
133133 OR INJURIES THAT ARE LIKELY TO RESULT IN THE DEATH OF A CIVIL IAN; AND 24
134134
135135 (2) [The Independent Investigative Unit] may investigate any other crimes 25
136136 related to police misconduct that are discovered during an investigation under [paragraph] 26
137137 ITEM (1) of this subsection. 27
138138 4 HOUSE BILL 638
139139
140140
141141 (d) In conducting an investigation under subsection (c) of this section, the 1
142142 [Independent Investigative Unit] DIVISION may act with the full powers, rights, 2
143143 privileges, and duties of a State’s Attorney, including the use of a grand jury in any county. 3
144144
145145 (e) [(1) Within 15 days after completing an investigation required under 4
146146 subsection (c) of this section, the Independent Investigative Unit shall transmit a report 5
147147 containing detailed investigative findings to the State’s Attorney of the county that has 6
148148 jurisdiction to prosecute the matter. 7
149149
150150 (2) Except as otherwise provided by law, the report under this subsection 8
151151 shall remain confidential through adjudication of any associated criminal case at the trial 9
152152 court level. 10
153153
154154 (f)] To investigate and assist with the investigation of alleged criminal offenses 11
155155 committed by police officers, the [Independent Investigative Unit] DIVISION may: 12
156156
157157 (1) detail one or more police officers employed by the Department of State 13
158158 Police; and 14
159159
160160 (2) employ other civilian personnel as needed. 15
161161
162162 [(g) (1) The Governor annually shall include funding in the State budget 16
163163 sufficient to provide for the full and proper operation of the Independent Investigative Unit. 17
164164
165165 (2) Funds provided in accordance with this subsection shall supplement 18
166166 and may not supplant any other funding provided to the Independent Investigative Unit.] 19
167167
168168 6–603. 20
169169
170170 (A) (1) FOR THE LIMITED PURPO SE OF FURTHERING AN ONGOING 21
171171 CRIMINAL INVESTIGATI ON, THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY 22
172172 GENERAL OR AN ASSISTANT ATTORNEY GENERAL DESIGNATED IN WRITING BY THE 23
173173 ATTORNEY GENERAL MAY ISSUE IN ANY COURT IN THE STATE A SUBPOENA TO A 24
174174 PERSON TO PRODUCE TE LEPHONE, BUSINESS, GOVERNMENT , OR CORPORATE 25
175175 RECORDS OR DOCUMENTS . 26
176176
177177 (2) A SUBPOENA ISSUED UNDER THIS SU BSECTION MAY BE SERVED IN 27
178178 THE SAME MANNER AS A SUBPOENA ISSUED BY A CIRCUIT COURT. 28
179179
180180 (B) (1) A PERSON MAY HAV E AN ATTORNEY PRESEN T DURING ANY 29
181181 CONTACT MADE UNDER S UBSECTION (A) OF THIS SECTION WITH THE ATTORNEY 30
182182 GENERAL OR AN AGENT O F THE ATTORNEY GENERAL. 31
183183
184184 (2) THE ATTORNEY GENERAL SHALL ADVISE A PERSON OF THE 32
185185 RIGHT TO COUNSEL WHE N THE SUBPOENA IS SE RVED. 33 HOUSE BILL 638 5
186186
187187
188188
189189 (C) (1) (I) IF A PERSON FAILS TO OBEY A LAWFULLY SERV ED 1
190190 SUBPOENA UNDER SUBSE CTION (A) OF THIS SECTION , THE ATTORNEY GENERAL 2
191191 MAY REPORT THE FAILU RE TO OBEY THE SUBPOENA TO THE CIRCUIT COURT WITH 3
192192 JURISDICTION OVER TH E MATTER. 4
193193
194194 (II) THE ATTORNEY GENERAL SHALL PROVIDE A COPY OF TH E 5
195195 SUBPOENA AND PROOF O F SERVICE TO THE CIR CUIT COURT. 6
196196
197197 (2) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON THAT 7
198198 ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA ISSUED UNDER SUBS ECTION (A) 8
199199 OF THIS SECTION HAS HAD AN OPPORTUNITY TO BE HEARD AND BE REPRESENTED 9
200200 BY COUNSEL, THE COURT MAY GRANT APPROPRIATE RELIEF . 10
201201
202202 (D) THIS SECTION DOES NOT ALLOW THE CONTRAVENT ION, DENIAL, OR 11
203203 ABROGATION OF A PRIV ILEGE OR RIGHT RECOG NIZED BY LAW. 12
204204
205205 6–604. 13
206206
207207 (A) IF AN INVESTIGATION C ONDUCTED UNDER § 6–602 OF THIS SUBTITLE 14
208208 PROVIDES SUFFICIENT GROUNDS FOR THE PROSECUTION OF A POLICE OFFICER , 15
209209 THE DIVISION SHALL HAVE THE FIRST OPPORTUNITY TO PROSE CUTE OR DECLINE 16
210210 TO PROSECUTE . 17
211211
212212 (B) (1) IF THE DIVISION DECLINES TO PROCEED WITH A PROSECUTION , 18
213213 IT SHALL TRANSMIT ALL MATERIALS RELATED TO THE CASE TO THE STATE’S 19
214214 ATTORNEY THAT HAS JURISDICTIO N TO PROSECUTE THE M ATTER. 20
215215
216216 (2) A STATE’S ATTORNEY MAY PROCEED WITH A P ROSECUTION AT 21
217217 THE DISCRETION OF TH E STATE’S ATTORNEY. 22
218218
219219 (C) (1) FOLLOWING TRANSMISSIO N OF A CASE TO A STATE’S ATTORNEY 23
220220 UNDER SUBSECTION (B) OF THIS SECTION , THE DIVISION SHALL KEEP 24
221221 CONFIDENTIAL ITS DECISION NOT TO ISSUE CHARGES FOR 90 DAYS. 25
222222
223223 (2) IF AFTER 90 DAYS THE STATE’S ATTORNEY HAS NOT ISSUED 26
224224 CHARGES IN THE CASE , THE DIVISION MAY ISSUE A REPORT DISCLOSING IT S 27
225225 DECISION. 28
226226
227227 (D) ON OR BEFORE DECEMBER 1 EACH YEAR BEGINNING DECEMBER 1, 29
228228 2023, THE DIVISION SHALL REPORT TO THE LEGISLATIVE POLICY COMMITTEE, IN 30
229229 ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, ON: 31
230230 6 HOUSE BILL 638
231231
232232
233233 (1) THE NUMBER OF CASES REFERRED TO THE DIVISION; 1
234234
235235 (2) THE NUMBER OF CASES PROSECUTED BY THE DIVISION; 2
236236
237237 (3) THE NUMBER OF CASES THAT THE DIVISION DECLINED TO 3
238238 PROSECUTE; 4
239239
240240 (4) THE NUMBER OF CASES THAT THE STATE’S ATTORNEY ELECTED 5
241241 TO PROSECUTE ; AND 6
242242
243243 (5) THE OUTCOME FOR CASES PROSECUTED BY THE DIVISION. 7
244244
245245 6–605. 8
246246
247247 (A) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 9
248248 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 10
249249 AT LEAST $5,000,000 TO THE DIVISION. 11
250250
251251 (B) FUNDS PROVIDED IN ACC ORDANCE WITH THIS SU BSECTION SHALL 12
252252 SUPPLEMENT AND MAY N OT SUPPLANT ANY OTHE R FUNDING PROVIDED T O THE 13
253253 DIVISION. 14
254254
255255 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
256256 1, 2022. 16