MD
Maryland House Bill HB692

Maryland 2022 Regular Session

Maryland House Bill HB692 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 277
21
3-– 1 –
4-Chapter 277
5-(House Bill 692)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0692*
89
9-Carroll County – State’s Attorney – Restrictions on Practice
10+HOUSE BILL 692
11+D2, E2 2lr1134
12+ CF SB 906
13+By: Carroll County Delegation
14+Introduced and read first time: January 31, 2022
15+Assigned to: Judiciary
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 5, 2022
1019
11-FOR the purpose of prohibiting the State’s Attorney in Carroll County from engaging in
12-the private practice of law; and generally relating to State’s Attorneys and Carroll
13-County.
20+CHAPTER ______
1421
15-BY repealing and reenacting, with amendments,
16- Article – Criminal Procedure
17-Section 15–407
18- Annotated Code of Maryland
19- (2018 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2023
21- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22-That the Laws of Maryland read as follows:
24+Carroll County – State’s Attorney – Restrictions on Practice 2
2325
24-Article – Criminal Procedure
26+FOR the purpose of prohibiting the State’s Attorney in Carroll County from engaging in 3
27+the private practice of law; and generally relating to State’s Attorneys and Carroll 4
28+County. 5
2529
26-15–407.
30+BY repealing and reenacting, with amendments, 6
31+ Article – Criminal Procedure 7
32+Section 15–407 8
33+ Annotated Code of Maryland 9
34+ (2018 Replacement Volume and 2021 Supplement) 10
2735
28- (a) This section applies only in Carroll County.
36+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
37+That the Laws of Maryland read as follows: 12
2938
30- (b) (1) (i) The State’s Attorney’s salary is the following percentages of the
31-salary of a judge of the District Court of Maryland:
39+Article – Criminal Procedure 13
3240
33- 1. 80%, ending on December 3, 2018;
41+15–407. 14
3442
35- 2. 90%, beginning on December 4, 2018; and
43+ (a) This section applies only in Carroll County. 15
3644
37- 3. 100%, beginning on December 3, 2019, and thereafter.
45+ (b) (1) (i) The State’s Attorney’s salary is the following percentages of the 16
46+salary of a judge of the District Court of Maryland: 17
3847
39- (ii) A salary increase shall take effect at the beginning of the elected
40-term of office and may not increase during the term of office.
48+ 1. 80%, ending on December 3, 2018; 18 2 HOUSE BILL 692
4149
42- (2) The county commissioners shall:
4350
44- (i) provide space for the offices of the State’s Attorney and pay the
45-expenses of the office, including general operating expenses, equipment costs, and
46-reasonable costs for secretarial or stenographic needs; or
4751
48- (ii) as determined by the county commissioners, pay a reasonable
49-allowance to reimburse the State’s Attorney for the costs of the operation of the office. Ch. 277 2022 LAWS OF MARYLAND
52+ 2. 90%, beginning on December 4, 2018; and 1
5053
51-– 2 –
54+ 3. 100%, beginning on December 3, 2019, and thereafter. 2
5255
53- (c) (1) The State’s Attorney:
56+ (ii) A salary increase shall take effect at the beginning of the elected 3
57+term of office and may not increase during the term of office. 4
5458
55- (i) may appoint two deputy State’s Attorneys and the number of
56-assistant State’s Attorneys necessary to staff the office; and
59+ (2) The county commissioners shall: 5
5760
58- (ii) subject to the approval of the county commissioners, shall set the
59-salaries for the deputy and assistant State’s Attorneys.
61+ (i) provide space for the offices of the State’s Attorney and pay the 6
62+expenses of the office, including general operating expenses, equipment costs, and 7
63+reasonable costs for secretarial or stenographic needs; or 8
6064
61- (2) (i) In addition to the assistant State’s Attorneys appointed under
62-paragraph (1) of this subsection, if both the State’s Attorney and the resident judge of the
63-circuit court of the county consider it necessary and the judge approves, the State’s Attorney
64-may appoint an assistant State’s Attorney.
65+ (ii) as determined by the county commissioners, pay a reasonable 9
66+allowance to reimburse the State’s Attorney for the costs of the operation of the office. 10
6567
66- (ii) The county commissioners shall set the salary of an assistant
67-State’s Attorney appointed under this paragraph.
68+ (c) (1) The State’s Attorney: 11
6869
69- (d) The State’s Attorney shall serve full time AND MAY NOT ENGAGE I N THE
70-PRIVATE PRACTICE OF LAW.
70+ (i) may appoint two deputy State’s Attorneys and the number of 12
71+assistant State’s Attorneys necessary to staff the office; and 13
7172
72- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
73-October 1, 2022.
73+ (ii) subject to the approval of the county commissioners, shall set the 14
74+salaries for the deputy and assistant State’s Attorneys. 15
7475
75-Approved by the Governor, May 12, 2022.
76+ (2) (i) In addition to the assistant State’s Attorneys appointed under 16
77+paragraph (1) of this subsection, if both the State’s Attorney and the resident judge of the 17
78+circuit court of the county consider it necessary and the judge approves, the State’s Attorney 18
79+may appoint an assistant State’s Attorney. 19
80+
81+ (ii) The county commissioners shall set the salary of an assistant 20
82+State’s Attorney appointed under this paragraph. 21
83+
84+ (d) The State’s Attorney shall serve full time AND MAY NOT ENGAGE I N THE 22
85+PRIVATE PRACTICE OF LAW. 23
86+
87+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
88+October 1, 2022. 25