EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0638*
HOUSE BILL 638
P1, E2 2lr1796
By: Delegate Atterbeary
Introduced and read first time: January 31, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
State Government – Attorney General – Independent Investigations Division 2
FOR the purpose of renaming the Independent Investigative Unit in the Office of the 3
Attorney General to be the Independent Investigations Division; authorizing the 4
Attorney General or certain individuals designated by the Attorney General to seek 5
certain injunctive relief or issue a certain subpoena under certain circumstances; 6
authorizing the Independent Investigations Division or a certain State’s Attorney to 7
prosecute a police officer under certain circumstances; requiring the Governor to 8
annually include certain funding in the State budget; and generally relating to the 9
Independent Investigations Division in the Office of the Attorney General. 10
BY repealing and reenacting, with amendments, 11
Article – Public Safety 12
Section 3–527 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – State Government 17
Section 6–106.2 to be under the new subtitle “Subtitle 6. Independent Investigations 18
Division” 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
BY adding to 22
Article – State Government 23
Section 6–601 and 6–603 through 6–605 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
2 HOUSE BILL 638
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Safety 3
3–527. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this 6
title. 7
(3) “Police officer” has the meaning stated in § 3–201 of this title. 8
(b) A law enforcement agency shall notify the Independent [Investigative Unit] 9
INVESTIGATIONS DIVISION within the Office of the Attorney General of any [alleged or 10
potential police–involved death of a civilian] POLICE–INVOLVED INCIDENT THAT 11
RESULTS IN THE DEATH OF A CIVILIAN OR INJ URIES THAT ARE LIKEL Y TO RESULT 12
IN THE DEATH OF A CI VILIAN as soon as the law enforcement agency becomes aware of 13
the incident. 14
(c) (1) A law enforcement agency shall cooperate with AND MAY NOT IMPEDE 15
the Independent [Investigative Unit] INVESTIGATIONS DIVISION in connection with the 16
investigation AND PROSECUTION of a police–involved death of a civilian. 17
(2) ON REQUEST OF THE ATTORNEY GENERAL OR THE ATTORNEY 18
GENERAL’S DESIGNEE, A LOCAL LAW ENFORCEM ENT AGENCY SHALL PRO VIDE ANY 19
REQUESTED EVIDENCE T O THE INDEPENDENT INVESTIGATIONS DIVISION. 20
(D) (1) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S 21
DESIGNEE MAY SEEK TEMPORARY OR PERMANE NT INJUNCTIVE RELIEF IN A COURT 22
OF COMPETENT JURISDI CTION IN ORDER TO FACILITA TE AN INVESTIGATION OR TO 23
PREVENT INTERFERENCE WITH AN INVESTIGATIO N. 24
(2) IN A REQUEST FOR INJUNCTIVE RELIE F BROUGHT UNDER THIS 25
SUBSECTION, THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 26
IS NOT REQUIRED TO : 27
(I) POST BOND; 28
(II) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW 29
DOES NOT EXIST; OR 30
(III) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE 31
DAMAGE WOULD RESULT FROM ANY CONDUCT ALLEGED . 32 HOUSE BILL 638 3
Article – State Government 1
SUBTITLE 6. INDEPENDENT INVESTIGATIONS DIVISION. 2
6–601. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “DIVISION” MEANS THE INDEPENDENT INVESTIGATIONS DIVISION IN 6
THE OFFICE OF THE ATTORNEY GENERAL. 7
(C) “POLICE OFFICER ” HAS THE MEANING STAT ED IN § 3–201 OF THE 8
PUBLIC SAFETY ARTICLE. 9
[6–106.2.] 6–602. 10
(a) [In this section, “police officer” has the meaning stated in § 3–201 of the Public 11
Safety Article. 12
(b)] There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 13
within the Office of the Attorney General. 14
(B) (1) THE DIVISION IS THE PRIMA RY INVESTIGATIVE UNI T FOR 15
POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF CIVILIANS OR 16
INJURIES LIKELY TO RESULT IN DEATH . 17
(2) THE OFFICE OF THE ATTORNEY GENERAL SHALL DETERMINE 18
WHETHER AN INCIDENT IS POLICE–INVOLVED AND WHETHER AN INJURY IS LIKELY 19
TO RESULT IN DEATH . 20
(c) [(1)] The [Independent Investigative Unit] DIVISION: 21
(1) shall investigate all [alleged or potential police–involved deaths of 22
civilians.] POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF A CIVILIAN 23
OR INJURIES THAT ARE LIKELY TO RESULT IN THE DEATH OF A CIVIL IAN; AND 24
(2) [The Independent Investigative Unit] may investigate any other crimes 25
related to police misconduct that are discovered during an investigation under [paragraph] 26
ITEM (1) of this subsection. 27
4 HOUSE BILL 638
(d) In conducting an investigation under subsection (c) of this section, the 1
[Independent Investigative Unit] DIVISION may act with the full powers, rights, 2
privileges, and duties of a State’s Attorney, including the use of a grand jury in any county. 3
(e) [(1) Within 15 days after completing an investigation required under 4
subsection (c) of this section, the Independent Investigative Unit shall transmit a report 5
containing detailed investigative findings to the State’s Attorney of the county that has 6
jurisdiction to prosecute the matter. 7
(2) Except as otherwise provided by law, the report under this subsection 8
shall remain confidential through adjudication of any associated criminal case at the trial 9
court level. 10
(f)] To investigate and assist with the investigation of alleged criminal offenses 11
committed by police officers, the [Independent Investigative Unit] DIVISION may: 12
(1) detail one or more police officers employed by the Department of State 13
Police; and 14
(2) employ other civilian personnel as needed. 15
[(g) (1) The Governor annually shall include funding in the State budget 16
sufficient to provide for the full and proper operation of the Independent Investigative Unit. 17
(2) Funds provided in accordance with this subsection shall supplement 18
and may not supplant any other funding provided to the Independent Investigative Unit.] 19
6–603. 20
(A) (1) FOR THE LIMITED PURPO SE OF FURTHERING AN ONGOING 21
CRIMINAL INVESTIGATI ON, THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY 22
GENERAL OR AN ASSISTANT ATTORNEY GENERAL DESIGNATED IN WRITING BY THE 23
ATTORNEY GENERAL MAY ISSUE IN ANY COURT IN THE STATE A SUBPOENA TO A 24
PERSON TO PRODUCE TE LEPHONE, BUSINESS, GOVERNMENT , OR CORPORATE 25
RECORDS OR DOCUMENTS . 26
(2) A SUBPOENA ISSUED UNDER THIS SU BSECTION MAY BE SERVED IN 27
THE SAME MANNER AS A SUBPOENA ISSUED BY A CIRCUIT COURT. 28
(B) (1) A PERSON MAY HAV E AN ATTORNEY PRESEN T DURING ANY 29
CONTACT MADE UNDER S UBSECTION (A) OF THIS SECTION WITH THE ATTORNEY 30
GENERAL OR AN AGENT O F THE ATTORNEY GENERAL. 31
(2) THE ATTORNEY GENERAL SHALL ADVISE A PERSON OF THE 32
RIGHT TO COUNSEL WHE N THE SUBPOENA IS SE RVED. 33 HOUSE BILL 638 5
(C) (1) (I) IF A PERSON FAILS TO OBEY A LAWFULLY SERV ED 1
SUBPOENA UNDER SUBSE CTION (A) OF THIS SECTION , THE ATTORNEY GENERAL 2
MAY REPORT THE FAILU RE TO OBEY THE SUBPOENA TO THE CIRCUIT COURT WITH 3
JURISDICTION OVER TH E MATTER. 4
(II) THE ATTORNEY GENERAL SHALL PROVIDE A COPY OF TH E 5
SUBPOENA AND PROOF O F SERVICE TO THE CIR CUIT COURT. 6
(2) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON THAT 7
ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA ISSUED UNDER SUBS ECTION (A) 8
OF THIS SECTION HAS HAD AN OPPORTUNITY TO BE HEARD AND BE REPRESENTED 9
BY COUNSEL, THE COURT MAY GRANT APPROPRIATE RELIEF . 10
(D) THIS SECTION DOES NOT ALLOW THE CONTRAVENT ION, DENIAL, OR 11
ABROGATION OF A PRIV ILEGE OR RIGHT RECOG NIZED BY LAW. 12
6–604. 13
(A) IF AN INVESTIGATION C ONDUCTED UNDER § 6–602 OF THIS SUBTITLE 14
PROVIDES SUFFICIENT GROUNDS FOR THE PROSECUTION OF A POLICE OFFICER , 15
THE DIVISION SHALL HAVE THE FIRST OPPORTUNITY TO PROSE CUTE OR DECLINE 16
TO PROSECUTE . 17
(B) (1) IF THE DIVISION DECLINES TO PROCEED WITH A PROSECUTION , 18
IT SHALL TRANSMIT ALL MATERIALS RELATED TO THE CASE TO THE STATE’S 19
ATTORNEY THAT HAS JURISDICTIO N TO PROSECUTE THE M ATTER. 20
(2) A STATE’S ATTORNEY MAY PROCEED WITH A P ROSECUTION AT 21
THE DISCRETION OF TH E STATE’S ATTORNEY. 22
(C) (1) FOLLOWING TRANSMISSIO N OF A CASE TO A STATE’S ATTORNEY 23
UNDER SUBSECTION (B) OF THIS SECTION , THE DIVISION SHALL KEEP 24
CONFIDENTIAL ITS DECISION NOT TO ISSUE CHARGES FOR 90 DAYS. 25
(2) IF AFTER 90 DAYS THE STATE’S ATTORNEY HAS NOT ISSUED 26
CHARGES IN THE CASE , THE DIVISION MAY ISSUE A REPORT DISCLOSING IT S 27
DECISION. 28
(D) ON OR BEFORE DECEMBER 1 EACH YEAR BEGINNING DECEMBER 1, 29
2023, THE DIVISION SHALL REPORT TO THE LEGISLATIVE POLICY COMMITTEE, IN 30
ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, ON: 31
6 HOUSE BILL 638
(1) THE NUMBER OF CASES REFERRED TO THE DIVISION; 1
(2) THE NUMBER OF CASES PROSECUTED BY THE DIVISION; 2
(3) THE NUMBER OF CASES THAT THE DIVISION DECLINED TO 3
PROSECUTE; 4
(4) THE NUMBER OF CASES THAT THE STATE’S ATTORNEY ELECTED 5
TO PROSECUTE ; AND 6
(5) THE OUTCOME FOR CASES PROSECUTED BY THE DIVISION. 7
6–605. 8
(A) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 9
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 10
AT LEAST $5,000,000 TO THE DIVISION. 11
(B) FUNDS PROVIDED IN ACC ORDANCE WITH THIS SU BSECTION SHALL 12
SUPPLEMENT AND MAY N OT SUPPLANT ANY OTHE R FUNDING PROVIDED T O THE 13
DIVISION. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2022. 16