| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. | |
| 4 | 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 | 5 | *hb0991* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 991 | |
| 11 | 8 | E4 2lr1242 | |
| 12 | 9 | CF SB 441 | |
| 13 | 10 | By: Delegate Smith | |
| 14 | 11 | Introduced and read first time: February 10, 2022 | |
| 15 | 12 | Assigned to: Judiciary | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 13, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | - | Baltimore City – Civilian Review Board | |
| 18 | + | Baltimore City – Civilian Review Board 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of altering the powers and duties of the Baltimore City Civilian Review 3 | |
| 27 | 21 | Board; authorizing the Baltimore City Civilian Review Board to function as a police 4 | |
| 28 | - | accountability board altering the powers and duties of the Baltimore City police 5 | |
| 29 | - | accountability board; repealing the Baltimore City Civilian Review Board; and 6 | |
| 30 | - | generally relating to the Baltimore City Civilian Review Board and the police 7 | |
| 31 | - | accountability board. 8 | |
| 22 | + | accountability board; and generally relating to the Baltimore City Civilian Review 5 | |
| 23 | + | Board. 6 | |
| 32 | 24 | ||
| 33 | - | BY repealing and reenacting, with amendments, | |
| 34 | - | The Public Local Laws of Baltimore City | |
| 35 | - | Section 16–42, 16–44, and 16–46 | |
| 36 | - | Article 4 – Public Local Laws of Maryland | |
| 37 | - | (1979 Edition and 1997 Supplement and 2000 Supplement, as amended) | |
| 38 | - | (As enacted by Chapter 499 of the Acts of the General Assembly of 2006) | |
| 25 | + | BY repealing and reenacting, with amendments, 7 | |
| 26 | + | The Public Local Laws of Baltimore City 8 | |
| 27 | + | Section 16–42, 16–44, and 16–46 9 | |
| 28 | + | Article 4 – Public Local Laws of Maryland 10 | |
| 29 | + | (1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 11 | |
| 30 | + | (As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 12 | |
| 39 | 31 | ||
| 40 | - | BY repealing and reenacting, with amendments, | |
| 41 | - | The Public Local Laws of Baltimore City | |
| 42 | - | Section 16–43(f), 16–48, and 16–52 | |
| 43 | - | Article 4 – Public Local Laws of Maryland | |
| 44 | - | (1979 Edition and 1997 Supplement and 2000 Supplement, as amended) | |
| 32 | + | BY repealing and reenacting, with amendments, 13 | |
| 33 | + | The Public Local Laws of Baltimore City 14 | |
| 34 | + | Section 16–43(f), 16–48, and 16–52 15 | |
| 35 | + | Article 4 – Public Local Laws of Maryland 16 | |
| 36 | + | (1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 17 | |
| 45 | 37 | ||
| 46 | - | BY repealing and reenacting, with amendments, 20 | |
| 47 | - | Article – Public Safety 21 | |
| 48 | - | Section 3–102 22 2 HOUSE BILL 991 | |
| 38 | + | BY repealing and reenacting, with amendments, 18 | |
| 39 | + | Article – Public Safety 19 | |
| 40 | + | Section 3–102 20 | |
| 41 | + | Annotated Code of Maryland 21 | |
| 42 | + | (2018 Replacement Volume and 2021 Supplement) 22 | |
| 43 | + | (As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 23 | |
| 44 | + | ||
| 45 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
| 46 | + | That the Laws of Maryland read as follows: 25 | |
| 47 | + | ||
| 48 | + | Article 4 – Baltimore City 26 2 HOUSE BILL 991 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Annotated Code of Maryland 1 | |
| 52 | - | (2018 Replacement Volume and 2021 Supplement) 2 | |
| 53 | - | (As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 3 | |
| 54 | 51 | ||
| 55 | - | BY repealing 4 | |
| 56 | - | The Public Local Laws of Baltimore City 5 | |
| 57 | - | Section 16–41, 16–42, and 16–44 6 | |
| 58 | - | Article 4 – Public Local Laws of Maryland 7 | |
| 59 | - | (1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 8 | |
| 60 | - | (As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 9 | |
| 52 | + | 16–42. 1 | |
| 61 | 53 | ||
| 62 | - | BY repealing 10 | |
| 63 | - | The Public Local Laws of Baltimore City 11 | |
| 64 | - | Section 16–43 and 16–45 through 16–54 12 | |
| 65 | - | Article 4 – Public Local Laws of Maryland 13 | |
| 66 | - | (1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 14 | |
| 54 | + | (a) The Civilian Review Board of Baltimore City is established to provide a 2 | |
| 55 | + | permanent, statutory agency in Baltimore City through which: 3 | |
| 67 | 56 | ||
| 68 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 69 | - | That the Laws of Maryland read as follows: 16 | |
| 57 | + | (1) complaints lodged by members of the public regarding [abusive 4 | |
| 58 | + | language, false arrest, false imprisonment, harassment, or excessive force] MISCONDUCT 5 | |
| 59 | + | by police officers of a law enforcement unit shall be processed, investigated under § 16–46 6 | |
| 60 | + | of this subheading, and evaluated; and 7 | |
| 70 | 61 | ||
| 71 | - | ||
| 62 | + | (2) policies of a law enforcement unit may be reviewed. 8 | |
| 72 | 63 | ||
| 73 | - | 16–42. 18 | |
| 64 | + | (b) Jurisdiction of the Board shall extend [only to complaints against police 9 | |
| 65 | + | officers with respect to abusive language, false arrest, false imprisonment, harassment, and 10 | |
| 66 | + | use of excessive force as defined in § 16–41 of this subheading and by the law enforcement 11 | |
| 67 | + | unit’s rules and regulations] TO ALL COMPLAINT S MADE BY MEMBERS OF THE PUBLIC 12 | |
| 68 | + | REGARDING MISCONDUCT BY POLICE OFFICERS . 13 | |
| 74 | 69 | ||
| 75 | - | (a) The Civilian Review Board of Baltimore City is established to provide a 19 | |
| 76 | - | permanent, statutory agency in Baltimore City through which: 20 | |
| 70 | + | (C) THE BOARD MAY FUNCTION AS A POLICE ACCOUNTABIL ITY BOARD AS 14 | |
| 71 | + | DESCRIBED IN § 3–102 OF THE PUBLIC SAFETY ARTICLE OF THE ANNOTATED CODE 15 | |
| 72 | + | OF MARYLAND. 16 | |
| 77 | 73 | ||
| 78 | - | (1) complaints lodged by members of the public regarding [abusive 21 | |
| 79 | - | language, false arrest, false imprisonment, harassment, or excessive force] MISCONDUCT 22 | |
| 80 | - | by police officers of a law enforcement unit shall be processed, investigated under § 16–46 23 | |
| 81 | - | of this subheading, and evaluated; and 24 | |
| 74 | + | [(c)] (D) A law enforcement unit shall place posters in all law enforcement unit 17 | |
| 75 | + | stations and elsewhere throughout the City to explain the procedure for filing a complaint. 18 | |
| 82 | 76 | ||
| 83 | - | (2) policies of a law enforcement unit may be reviewed. 25 | |
| 77 | + | [(d)] (E) An explanation of the Board’s complaint procedures shall be made to all 19 | |
| 78 | + | police officers in a general order to be included in the manual of rules and procedures of a 20 | |
| 79 | + | law enforcement unit, and shall be included in the training program for new police officers. 21 | |
| 84 | 80 | ||
| 85 | - | (b) Jurisdiction SUBJECT TO SUBSECTION (C) OF THIS SECTION , 26 | |
| 86 | - | JURISDICTION of the Board shall extend [only to complaints against police officers with 27 | |
| 87 | - | respect to abusive language, false arrest, false imprisonment, harassment, and use of 28 | |
| 88 | - | excessive force as defined in § 16–41 of this subheading and by the law enforcement unit’s 29 | |
| 89 | - | rules and regulations] TO ALL COMPLAINTS MA DE BY MEMBERS OF THE PUBLIC 30 | |
| 90 | - | REGARDING MISCONDUCT BY POLICE OFFICERS . 31 | |
| 81 | + | [(e)] (F) Each member of the Board shall receive training on the issues of 22 | |
| 82 | + | abusive language, false arrest, false imprisonment, harassment, and excessive force. 23 | |
| 91 | 83 | ||
| 92 | - | (C) THE BOARD MAY FUNCTION AS A POLICE ACCOUNTABIL ITY BOARD AS 32 | |
| 93 | - | DESCRIBED IN § 3–102 OF THE PUBLIC SAFETY ARTICLE OF THE ANNOTATED CODE 33 | |
| 94 | - | OF MARYLAND. 34 | |
| 95 | - | HOUSE BILL 991 3 | |
| 84 | + | 16–43. 24 | |
| 85 | + | ||
| 86 | + | (f) (1) (I) [The Mayor of Baltimore City shall assign staff to the Board for 25 | |
| 87 | + | the periodic meetings of the Board from the Office of the City Solicitor and the Community 26 | |
| 88 | + | Relations Commission] THE BOARD SHALL HIRE STAF F TO CARRY OUT ITS 27 | |
| 89 | + | FUNCTIONS. 28 | |
| 90 | + | ||
| 91 | + | (II) AN EMPLOYEE OR A MEMBER OF BALTIMORE CITY 29 | |
| 92 | + | GOVERNMENT WHO IS NOT A MEMBER OF THE BOARD MAY NOT CONTROL A HIRING 30 | |
| 93 | + | DECISION UNDER THIS PARAGRAPH . 31 | |
| 94 | + | ||
| 95 | + | (2) Baltimore City may hire an independent administrator to serve the 32 HOUSE BILL 991 3 | |
| 96 | 96 | ||
| 97 | 97 | ||
| 98 | - | (C) (1) (I) THE BOARD MAY EXERCISE CO NCURRENT JURISDICTIO N 1 | |
| 99 | - | WITH THE POLICE INTEGRITY BUREAU IN THE INVESTI GATION OF COMPLAINTS THE 2 | |
| 100 | - | BOARD CONSIDERS APPRO PRIATE. 3 | |
| 98 | + | Board. 1 | |
| 101 | 99 | ||
| 102 | - | (II) THE BOARD SHALL REPORT IT S FINDINGS TO THE POLICE 4 | |
| 103 | - | INTEGRITY BUREAU. 5 | |
| 100 | + | 16–44. 2 | |
| 104 | 101 | ||
| 105 | - | (2) THE BOARD MAY NOT EXERCIS E JURISDICTION OVER MATTERS 6 | |
| 106 | - | WITHIN THE JURISDICTION OF AN AD MINISTRATIVE CHARGIN G COMMITTEE 7 | |
| 107 | - | ESTABLISHED IN ACCOR DANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF 8 | |
| 108 | - | THE ANNOTATED CODE. 9 | |
| 102 | + | (a) An individual who claims to have been subjected to or witnessed an act of 3 | |
| 103 | + | [abusive language, false arrest, false imprisonment, harassment, or excessive force, or 4 | |
| 104 | + | injury allegedly resulting from excessive force caused by a police officer,] MISCONDUCT BY 5 | |
| 105 | + | A POLICE OFFICER may file a complaint at the Office of the Internal Investigative 6 | |
| 106 | + | Division, the Legal Aid Bureau, the Maryland Human Relations Commission, the 7 | |
| 107 | + | Baltimore Community Relations Commission, or at any of the police district stations. 8 | |
| 109 | 108 | ||
| 110 | - | ( | |
| 111 | - | THE | |
| 109 | + | (b) [(1) Except as provided in paragraph (2) of this subsection, a complaint shall 9 | |
| 110 | + | be made within 1 year of the action giving rise to the complaint. 10 | |
| 112 | 111 | ||
| 113 | - | ( | |
| 114 | - | ||
| 112 | + | (2) A complaint for excessive force shall be made within 90 days of the 11 | |
| 113 | + | alleged act of excessive force. 12 | |
| 115 | 114 | ||
| 116 | - | ( | |
| 117 | - | ||
| 115 | + | (c) (1) (i) The complaint shall be reduced to writing on a form authorized 13 | |
| 116 | + | by the Board, signed by the complainant, and witnessed by a notary public. 14 | |
| 118 | 117 | ||
| 119 | - | (2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 16 | |
| 120 | - | PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE BOARD, A COURT OF 17 | |
| 121 | - | COMPETENT JURISDICTI ON MAY COMPEL COMPLI ANCE WITH THE SUBPOE NA. 18 | |
| 118 | + | (ii) In addition to the requirements of subparagraph (i) of this 15 | |
| 119 | + | paragraph, a complaint for excessive force shall be sworn to by the complainant. 16 | |
| 122 | 120 | ||
| 123 | - | [(c)] (D) (E) A law enforcement unit shall place posters in all law enforcement unit 19 | |
| 124 | - | stations and elsewhere throughout the City to explain the procedure for filing a complaint. 20 | |
| 121 | + | (2)] The complaint shall include: 17 | |
| 125 | 122 | ||
| 126 | - | [(d)] (E) (F) An explanation of the Board’s complaint procedures shall be made to all 21 | |
| 127 | - | police officers in a general order to be included in the manual of rules and procedures of a 22 | |
| 128 | - | law enforcement unit, and shall be included in the training program for new police officers. 23 | |
| 123 | + | [(i)] (1) the name of the complainant; 18 | |
| 129 | 124 | ||
| 130 | - | [(e)] (F) (G) Each member of the Board shall receive training on the issues of 24 | |
| 131 | - | abusive language, false arrest, false imprisonment, harassment, and excessive force. 25 | |
| 125 | + | [(ii)] (2) if known, the name of the police officer allegedly involved; 19 | |
| 132 | 126 | ||
| 133 | - | (H) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY SHALL INCLUDE AN 26 | |
| 134 | - | APPROPRIATION TO FUN D THE BALTIMORE CITY CIVILIAN REVIEW BOARD THAT IS 27 | |
| 135 | - | NOT LESS THAN $1,500,000. 28 | |
| 127 | + | [(iii)] (3) the date, time, and place of the alleged misconduct; 20 | |
| 136 | 128 | ||
| 137 | - | (2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY USE THE 29 | |
| 138 | - | FUNDS DESCRIBED IN P ARAGRAPH (I) OF THIS SUBSECTION FOR: 30 | |
| 129 | + | [(iv)] (4) the circumstances of the alleged misconduct; and 21 | |
| 139 | 130 | ||
| 140 | - | (I) EMPLOYING STAFF AND INVESTIGATORS ; 31 | |
| 131 | + | [(v)] (5) an explanation of the alleged misconduct that is deemed 22 | |
| 132 | + | to be wrongful. 23 | |
| 133 | + | ||
| 134 | + | [(d)] (C) One copy of the completed form shall be retained by the recipient of the 24 | |
| 135 | + | complaint and a copy given to the complainant. A copy shall be sent within 48 hours to the 25 | |
| 136 | + | Internal Investigative Division and the Secretary of the Board. 26 | |
| 137 | + | ||
| 138 | + | [(e)] (D) The Secretary of the Board shall assign a consecutive number to each 27 | |
| 139 | + | complaint, and within 48 hours, shall send a copy to each member of the Board. The 28 | |
| 140 | + | Secretary shall also maintain on file a record of each complaint. 29 | |
| 141 | + | ||
| 142 | + | 16–46. 30 | |
| 141 | 143 | 4 HOUSE BILL 991 | |
| 142 | 144 | ||
| 143 | 145 | ||
| 144 | - | (II) HIRING OR CONTRACTIN G FOR LEGAL COUNSEL , SUBJECT 1 | |
| 145 | - | TO A MEMORANDUM OF U NDERSTANDING WITH TH E CITY SOLICITOR FOR 2 | |
| 146 | - | BALTIMORE CITY; AND 3 | |
| 146 | + | (a) (1) The Board shall review all complaints alleging police misconduct 1 | |
| 147 | + | described in § 16–42(a)(1) of this subheading. 2 | |
| 147 | 148 | ||
| 148 | - | (III) ANY OTHER EXPENDITUR E APPROVED BY A QUOR UM OF THE 4 | |
| 149 | - | BALTIMORE CITY CIVILIAN REVIEW BOARD. 5 | |
| 149 | + | (2) The Board may investigate, simultaneously with the Internal 3 | |
| 150 | + | Investigative Division AND THE ADMINISTRATIVE CHARG ING COMMITTEE 4 | |
| 151 | + | ESTABLISHED UNDER § 3–104 OF THE PUBLIC SAFETY ARTICLE OF THE 5 | |
| 152 | + | ANNOTATED CODE OF MARYLAND, each complaint it deems appropriate and report its 6 | |
| 153 | + | findings to the Internal Investigative Division AND ADMINISTRATIVE C HARGING 7 | |
| 154 | + | COMMITTEE . 8 | |
| 150 | 155 | ||
| 151 | - | 16–43. 6 | |
| 156 | + | (b) (1) The Board may issue a subpoena, signed by the Chairman of the Board, 9 | |
| 157 | + | to compel: 10 | |
| 152 | 158 | ||
| 153 | - | (f) (1) (I) [The Mayor of Baltimore City shall assign staff to the Board for 7 | |
| 154 | - | the periodic meetings of the Board from the Office of the City Solicitor and the Community 8 | |
| 155 | - | Relations Commission] THE BOARD SHALL HIRE STAF F TO CARRY OUT ITS 9 | |
| 156 | - | FUNCTIONS. 10 | |
| 159 | + | (i) the attendance and testimony of a witness other than the accused 11 | |
| 160 | + | officer; and 12 | |
| 157 | 161 | ||
| 158 | - | (II) AN EMPLOYEE OR A MEMB ER OF BALTIMORE CITY 11 | |
| 159 | - | GOVERNMENT WHO IS NO T A MEMBER OF THE BOARD MAY NOT CONTROL A HIRING 12 | |
| 160 | - | DECISION UNDER THIS P ARAGRAPH. 13 | |
| 162 | + | (ii) the production of any book, record, or other document. 13 | |
| 161 | 163 | ||
| 162 | - | (2) Baltimore City may hire an independent administrator to serve the 14 | |
| 163 | - | Board. 15 | |
| 164 | + | (2) If a person fails to comply with a subpoena issued under this subsection, 14 | |
| 165 | + | on petition of the Board, a court of competent jurisdiction may compel compliance with the 15 | |
| 166 | + | subpoena. 16 | |
| 164 | 167 | ||
| 165 | - | 16–44. 16 | |
| 168 | + | (3) A police officer may submit a witness list to the Board 10 days or more 17 | |
| 169 | + | before the Board takes testimony. 18 | |
| 166 | 170 | ||
| 167 | - | (a) An individual who claims to have been subjected to or witnessed an act of 17 | |
| 168 | - | [abusive language, false arrest, false imprisonment, harassment, or excessive force, or 18 | |
| 169 | - | injury allegedly resulting from excessive force caused by a police officer,] MISCONDUCT BY 19 | |
| 170 | - | A POLICE OFFICER may file a complaint at the Office of the Internal Investigative 20 | |
| 171 | - | Division, the Legal Aid Bureau, the Maryland Human Relations Commission, the 21 | |
| 172 | - | Baltimore Community Relations Commission, or at any of the police district stations. 22 | |
| 171 | + | (4) The Chairman or the Secretary of the Board may administer oaths in 19 | |
| 172 | + | connection with any proceeding of the Board. 20 | |
| 173 | 173 | ||
| 174 | - | ( | |
| 175 | - | ||
| 174 | + | (5) The police officer or the police officer’s representative shall have the 21 | |
| 175 | + | right to question witnesses who testify about the complaint. 22 | |
| 176 | 176 | ||
| 177 | - | (2) A complaint for excessive force shall be made within 90 days of the 25 | |
| 178 | - | alleged act of excessive force. 26 | |
| 177 | + | (6) All witness testimony shall be recorded. 23 | |
| 179 | 178 | ||
| 180 | - | (c) (1) (i) The complaint shall be reduced to writing on a form authorized 27 | |
| 181 | - | by the Board, signed by the complainant, and witnessed by a notary public. 28 | |
| 179 | + | (c) (1) The Board shall review the Internal Investigative Division’s Report. 24 | |
| 182 | 180 | ||
| 183 | - | (ii) In addition to the requirements of subparagraph (i) of this 29 | |
| 184 | - | paragraph, a complaint for excessive force shall be sworn to by the complainant. 30 | |
| 181 | + | (2) On review of the Internal Investigative Division Report and the Board’s 25 | |
| 182 | + | investigative report, if any, of each case, the Board shall recommend to the head of the 26 | |
| 183 | + | appropriate law enforcement unit AND THE ADMINISTRATI VE CHARGING COMMITTE E 27 | |
| 184 | + | one of the following actions: 28 | |
| 185 | 185 | ||
| 186 | - | (2)] The complaint shall include: 31 | |
| 186 | + | (i) sustain the complaint and may recommend the appropriate 29 | |
| 187 | + | disciplinary action against the police officer; 30 | |
| 187 | 188 | ||
| 188 | - | [(i)] (1) the name of the complainant; 32 | |
| 189 | - | HOUSE BILL 991 5 | |
| 189 | + | (ii) not sustain the complaint; 31 | |
| 190 | 190 | ||
| 191 | - | ||
| 192 | - | [(ii)] (2) if known, the name of the police officer allegedly involved; 1 | |
| 193 | - | ||
| 194 | - | [(iii)] (3) the date, time, and place of the alleged misconduct; 2 | |
| 195 | - | ||
| 196 | - | [(iv)] (4) the circumstances of the alleged misconduct; and 3 | |
| 197 | - | ||
| 198 | - | [(v)] (5) an explanation of the alleged misconduct that is deemed 4 | |
| 199 | - | to be wrongful. 5 | |
| 200 | - | ||
| 201 | - | [(d)] (C) One copy of the completed form shall be retained by the recipient of the 6 | |
| 202 | - | complaint and a copy given to the complainant. A copy shall be sent within 48 hours to the 7 | |
| 203 | - | Internal Investigative Division and the Secretary of the Board. 8 | |
| 204 | - | ||
| 205 | - | [(e)] (D) The Secretary of the Board shall assign a consecutive number to each 9 | |
| 206 | - | complaint, and within 48 hours, shall send a copy to each member of the Board. The 10 | |
| 207 | - | Secretary shall also maintain on file a record of each complaint. 11 | |
| 208 | - | ||
| 209 | - | 16–46. 12 | |
| 210 | - | ||
| 211 | - | (a) (1) The Board shall review all complaints alleging police misconduct 13 | |
| 212 | - | described in § 16–42(a)(1) of this subheading. 14 | |
| 213 | - | ||
| 214 | - | (2) The Board may investigate, simultaneously with the Internal 15 | |
| 215 | - | Investigative Division AND THE ADMINISTRATI VE CHARGING COMMITTE E 16 | |
| 216 | - | ESTABLISHED UNDER § 3–104 OF THE PUBLIC SAFETY ARTICLE OF THE 17 | |
| 217 | - | ANNOTATED CODE OF MARYLAND, each complaint it deems appropriate and report its 18 | |
| 218 | - | findings to the Internal Investigative Division AND ADMINISTRATIVE C HARGING 19 | |
| 219 | - | COMMITTEE . 20 | |
| 220 | - | ||
| 221 | - | (b) (1) The Board may issue a subpoena, signed by the Chairman of the Board, 21 | |
| 222 | - | to compel: 22 | |
| 223 | - | ||
| 224 | - | (i) the attendance and testimony of a witness other than the accused 23 | |
| 225 | - | officer; and 24 | |
| 226 | - | ||
| 227 | - | (ii) the production of any book, record, or other document. 25 | |
| 228 | - | ||
| 229 | - | (2) If a person fails to comply with a subpoena issued under this subsection, 26 | |
| 230 | - | on petition of the Board, a court of competent jurisdiction may compel compliance with the 27 | |
| 231 | - | subpoena. 28 | |
| 232 | - | ||
| 233 | - | (3) A police officer may submit a witness list to the Board 10 days or more 29 | |
| 234 | - | before the Board takes testimony. 30 | |
| 235 | - | ||
| 236 | - | (4) The Chairman or the Secretary of the Board may administer oaths in 31 | |
| 237 | - | connection with any proceeding of the Board. 32 6 HOUSE BILL 991 | |
| 191 | + | (iii) exonerate the police officer; 32 HOUSE BILL 991 5 | |
| 238 | 192 | ||
| 239 | 193 | ||
| 240 | 194 | ||
| 241 | - | (5) The police officer or the police officer’s representative shall have the 1 | |
| 242 | - | right to question witnesses who testify about the complaint. 2 | |
| 195 | + | (iv) find that the complaint is unfounded; or 1 | |
| 243 | 196 | ||
| 244 | - | (6) All witness testimony shall be recorded. 3 | |
| 197 | + | (v) require further investigation by the Internal Investigative 2 | |
| 198 | + | Division. 3 | |
| 245 | 199 | ||
| 246 | - | (c) (1) The Board shall review the Internal Investigative Division’s Report. 4 | |
| 200 | + | (d) The Board shall submit a statement of its findings and recommendations to 4 | |
| 201 | + | the head of the appropriate law enforcement unit AND THE ADMINISTRATI VE CHARGING 5 | |
| 202 | + | COMMITTEE within 30 days of receipt of the Internal Investigative Division Report. 6 | |
| 247 | 203 | ||
| 248 | - | (2) On review of the Internal Investigative Division Report and the Board’s 5 | |
| 249 | - | investigative report, if any, of each case, the Board shall recommend to the head of the 6 | |
| 250 | - | appropriate law enforcement unit AND THE ADMINISTRATI VE CHARGING COMMITTE E 7 | |
| 251 | - | one of the following actions: 8 | |
| 204 | + | 16–48. 7 | |
| 252 | 205 | ||
| 253 | - | (i) sustain the complaint and may recommend the appropriate 9 | |
| 254 | - | disciplinary action against the police officer; 10 | |
| 206 | + | [(a)] The [head of the appropriate law enforcement unit] ADMINISTRATIVE 8 | |
| 207 | + | CHARGING COMMITTEE has final decision–making responsibility for the appropriate 9 | |
| 208 | + | disciplinary action in each case, but the [head of the law enforcement unit] 10 | |
| 209 | + | ADMINISTRATIVE CHARG ING COMMITTEE may not take final action until after 11 | |
| 210 | + | reviewing the recommendation of the Board under § 16–46(c)(2) of this subheading. 12 | |
| 255 | 211 | ||
| 256 | - | (ii) not sustain the complaint; 11 | |
| 212 | + | [(b) If a complaint is not sustained or the police officer is exonerated, on written 13 | |
| 213 | + | request by the police officer sent to the Board, the Board shall expunge all records of the 14 | |
| 214 | + | complaint.] 15 | |
| 257 | 215 | ||
| 258 | - | ||
| 216 | + | 16–52. 16 | |
| 259 | 217 | ||
| 260 | - | (iv) find that the complaint is unfounded; or 13 | |
| 218 | + | (a) Records containing the names or identification of complainants, investigators, 17 | |
| 219 | + | and witnesses may not be disclosed or released to the public. 18 | |
| 261 | 220 | ||
| 262 | - | ( | |
| 263 | - | Division. | |
| 221 | + | (b) (1) The Internal Investigative Division shall retain sole custody of an 19 | |
| 222 | + | Internal Investigative Division Report. 20 | |
| 264 | 223 | ||
| 265 | - | (d) The Board shall submit a statement of its findings and recommendations to 16 | |
| 266 | - | the head of the appropriate law enforcement unit AND THE ADMINISTRATI VE CHARGING 17 | |
| 267 | - | COMMITTEE within 30 days of receipt of the Internal Investigative Division Report. 18 | |
| 224 | + | (2) Except for an Internal Investigative Division Report, the Board shall be 21 | |
| 225 | + | the custodian of all records of a proceeding for a complaint under this subheading, including 22 | |
| 226 | + | personal notes, audio recordings, memoranda, letters, and forms resulting from a complaint 23 | |
| 227 | + | and proceedings before the Board involving the complaint. 24 | |
| 268 | 228 | ||
| 269 | - | 16–48. 19 | |
| 229 | + | (C) THE BOARD SHALL MAKE PUBL IC ANY RECORD NOT OT HERWISE 25 | |
| 230 | + | PROHIBITED FROM DISC LOSURE UNDER STATE LAW. 26 | |
| 270 | 231 | ||
| 271 | - | [(a)] The [head of the appropriate law enforcement unit] ADMINISTRATIVE 20 | |
| 272 | - | CHARGING COMMITTEE has final decision–making responsibility for the appropriate 21 | |
| 273 | - | disciplinary action in each case, but the [head of the law enforcement unit ] 22 | |
| 274 | - | ADMINISTRATIVE CHARG ING COMMITTEE may not take final action until after 23 | |
| 275 | - | reviewing the recommendation of the Board under § 16–46(c)(2) of this subheading. 24 | |
| 232 | + | Article – Public Safety 27 | |
| 276 | 233 | ||
| 277 | - | [(b) If a complaint is not sustained or the police officer is exonerated, on written 25 | |
| 278 | - | request by the police officer sent to the Board, the Board shall expunge all records of the 26 | |
| 279 | - | complaint.] 27 | |
| 234 | + | 3–102. 28 | |
| 280 | 235 | ||
| 281 | - | ||
| 236 | + | (a) Each county shall have a police accountability board to: 29 | |
| 282 | 237 | ||
| 283 | - | (a) Records containing the names or identification of complainants, investigators, 29 | |
| 284 | - | and witnesses may not be disclosed or released to the public. 30 | |
| 285 | - | HOUSE BILL 991 7 | |
| 238 | + | (1) hold quarterly meetings with heads of law enforcement agencies and 30 | |
| 239 | + | otherwise work with law enforcement agencies and the county government to improve 31 6 HOUSE BILL 991 | |
| 286 | 240 | ||
| 287 | 241 | ||
| 288 | - | (b) (1) The Internal Investigative Division shall retain sole custody of an 1 | |
| 289 | - | Internal Investigative Division Report. 2 | |
| 242 | + | matters of policing; 1 | |
| 290 | 243 | ||
| 291 | - | (2) Except for an Internal Investigative Division Report, the Board shall be 3 | |
| 292 | - | the custodian of all records of a proceeding for a complaint under this subheading, including 4 | |
| 293 | - | personal notes, audio recordings, memoranda, letters, and forms resulting from a complaint 5 | |
| 294 | - | and proceedings before the Board involving the complaint. 6 | |
| 244 | + | (2) appoint civilian members to charging committees and trial boards; 2 | |
| 295 | 245 | ||
| 296 | - | ( | |
| 297 | - | ||
| 246 | + | (3) receive complaints of police misconduct filed by members of the public; 3 | |
| 247 | + | and 4 | |
| 298 | 248 | ||
| 299 | - | Article – Public Safety 9 | |
| 249 | + | (4) (i) on a quarterly basis, review outcomes of disciplinary matters 5 | |
| 250 | + | considered by charging committees; and 6 | |
| 300 | 251 | ||
| 301 | - | 3–102. 10 | |
| 252 | + | (ii) on or before December 31 each year, submit a report to the 7 | |
| 253 | + | governing body of the county that: 8 | |
| 302 | 254 | ||
| 303 | - | (a) Each county shall have a police accountability board to: 11 | |
| 255 | + | 1. identifies any trends in the disciplinary process of police 9 | |
| 256 | + | officers in the county; and 10 | |
| 304 | 257 | ||
| 305 | - | (1) hold quarterly meetings with heads of law enforcement agencies and 12 | |
| 306 | - | otherwise work with law enforcement agencies and the county government to improve 13 | |
| 307 | - | matters of policing; 14 | |
| 258 | + | 2. makes recommendations on changes to policy that would 11 | |
| 259 | + | improve police accountability in the county. 12 | |
| 308 | 260 | ||
| 309 | - | (2) appoint civilian members to charging committees and trial boards; 15 | |
| 261 | + | (b) (1) (i) Subject to subparagraph (ii) of this paragraph, the local 13 | |
| 262 | + | governing body shall: 14 | |
| 310 | 263 | ||
| 311 | - | (3) receive complaints of police misconduct filed by members of the public; 16 | |
| 312 | - | and 17 | |
| 264 | + | 1. establish the membership of a police accountability board; 15 | |
| 313 | 265 | ||
| 314 | - | | |
| 315 | - | ||
| 266 | + | 2. establish the budget and staff for a police accountability 16 | |
| 267 | + | board; 17 | |
| 316 | 268 | ||
| 317 | - | | |
| 318 | - | ||
| 269 | + | 3. appoint a chair of the police accountability board who has 18 | |
| 270 | + | relevant experience to the position; and 19 | |
| 319 | 271 | ||
| 320 | - | | |
| 321 | - | ||
| 272 | + | 4. establish the procedures for record keeping by a police 20 | |
| 273 | + | accountability board. 21 | |
| 322 | 274 | ||
| 323 | - | | |
| 324 | - | ||
| 275 | + | (ii) An active police officer may not be a member of a police 22 | |
| 276 | + | accountability board. 23 | |
| 325 | 277 | ||
| 326 | - | ( | |
| 327 | - | ||
| 278 | + | (2) To the extent practicable, the membership of a police accountability 24 | |
| 279 | + | board shall reflect the racial, gender, and cultural diversity of the county. 25 | |
| 328 | 280 | ||
| 329 | - | 1. establish the membership of a police accountability board; 28 | |
| 281 | + | (c) (1) A complaint of police misconduct filed with a police accountability board 26 | |
| 282 | + | shall include: 27 | |
| 330 | 283 | ||
| 331 | - | 2. establish the budget and staff for a police accountability 29 | |
| 332 | - | board; 30 | |
| 333 | - | 8 HOUSE BILL 991 | |
| 284 | + | (i) the name of the police officer accused of misconduct; 28 | |
| 285 | + | ||
| 286 | + | (ii) a description of the facts on which the complaint is based; and 29 | |
| 287 | + | ||
| 288 | + | (iii) contact information of the complainant or a person filing on 30 HOUSE BILL 991 7 | |
| 334 | 289 | ||
| 335 | 290 | ||
| 336 | - | 3. appoint a chair of the police accountability board who has 1 | |
| 337 | - | relevant experience to the position; and 2 | |
| 291 | + | behalf of the complainant for investigative follow–up. 1 | |
| 338 | 292 | ||
| 339 | - | 4. establish the procedures for record keeping by a police 3 | |
| 340 | - | accountability board. 4 | |
| 293 | + | (2) A complaint need not be notarized. 2 | |
| 341 | 294 | ||
| 342 | - | (ii) An active police officer may not be a member of a police 5 | |
| 343 | - | accountability board. 6 | |
| 295 | + | (d) A complaint of police misconduct filed with a police accountability board shall 3 | |
| 296 | + | be forwarded to the appropriate law enforcement agency within 3 days after receipt by the 4 | |
| 297 | + | board. 5 | |
| 344 | 298 | ||
| 345 | - | (2) To the extent practicable, the membership of a police accountability 7 | |
| 346 | - | board shall reflect the racial, gender, and cultural diversity of the county. 8 | |
| 299 | + | (E) (1) THIS SUBSECTION APPLI ES IN BALTIMORE CITY. 6 | |
| 347 | 300 | ||
| 348 | - | ( | |
| 349 | - | ||
| 301 | + | (2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY FUNCTION 7 | |
| 302 | + | AS THE POLICE ACCOUN TABILITY BOARD FOR BALTIMORE CITY. 8 | |
| 350 | 303 | ||
| 351 | - | (i) the name of the police officer accused of misconduct; 11 | |
| 304 | + | (3) NOTWITHSTANDING ANY P ROVISION OF THIS SECTION , THE 9 | |
| 305 | + | PUBLIC LOCAL LAWS OF BALTIMORE CITY SHALL GOVERN THE POWERS AND 10 | |
| 306 | + | DUTIES OF THE BALTIMORE CITY CIVILIAN REVIEW BOARD AND THE MEMBERSHIP 11 | |
| 307 | + | OF THE BOARD SHALL BE DETERM INED IN ACCORDANCE W ITH § 16–43 OF THE 12 | |
| 308 | + | PUBLIC LOCAL LAWS OF BALTIMORE CITY. 13 | |
| 352 | 309 | ||
| 353 | - | (ii) a description of the facts on which the complaint is based; and 12 | |
| 310 | + | (4) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY SUE AND BE 14 | |
| 311 | + | SUED, AND MAY HIRE OR CONT RACT FOR LEGAL REPRE SENTATION. 15 | |
| 354 | 312 | ||
| 355 | - | (iii) contact information of the complainant or a person filing on 13 | |
| 356 | - | behalf of the complainant for investigative follow–up. 14 | |
| 313 | + | (5) (I) THE ANNUAL BUDGET FOR BALTIMORE CITY SHALL 16 | |
| 314 | + | INCLUDE AN APPROPRIATION TO FUND THE BALTIMORE CITY CIVILIAN REVIEW 17 | |
| 315 | + | BOARD THAT IS NOT LES S THAN 2% OF THE TOTAL BUDGET OF THE BALTIMORE 18 | |
| 316 | + | CITY POLICE DEPARTMENT . 19 | |
| 357 | 317 | ||
| 358 | - | (2) A complaint need not be notarized. 15 | |
| 318 | + | (II) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY USE 20 | |
| 319 | + | THE FUNDS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH FO R: 21 | |
| 359 | 320 | ||
| 360 | - | (d) A complaint of police misconduct filed with a police accountability board shall 16 | |
| 361 | - | be forwarded to the appropriate law enforcement agency within 3 days after receipt by the 17 | |
| 362 | - | board. 18 | |
| 321 | + | 1. EMPLOYING STAFF AND INVESTIGATORS ; 22 | |
| 363 | 322 | ||
| 364 | - | | |
| 323 | + | 2. HIRING OR CONT RACTING FOR LEGAL CO UNSEL; AND 23 | |
| 365 | 324 | ||
| 366 | - | | |
| 367 | - | ||
| 325 | + | 3. ANY OTHER EXPENDITUR E APPROVED BY A QUOR UM 24 | |
| 326 | + | OF THE BALTIMORE CITY CIVILIAN REVIEW BOARD. 25 | |
| 368 | 327 | ||
| 369 | - | (3) NOTWITHSTANDING ANY P ROVISION OF THIS SECTION , THE 22 | |
| 370 | - | PUBLIC LOCAL LAWS OF BALTIMORE CITY SHALL GOVERN THE POWERS AND 23 | |
| 371 | - | DUTIES OF THE BALTIMORE CITY CIVILIAN REVIEW BOARD AND THE MEMBERS HIP 24 | |
| 372 | - | OF THE BOARD SHALL BE DETERM INED IN ACCORDANCE W ITH § 16–43 OF THE 25 | |
| 373 | - | PUBLIC LOCAL LAWS OF BALTIMORE CITY. 26 | |
| 374 | - | ||
| 375 | - | (4) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY SUE AND BE 27 | |
| 376 | - | SUED, AND MAY HIRE OR CONT RACT FOR LEGAL REPRE SENTATION. 28 | |
| 377 | - | ||
| 378 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29 | |
| 379 | - | as follows: 30 | |
| 380 | - | ||
| 381 | - | Article 4 – Baltimore City 31 HOUSE BILL 991 9 | |
| 382 | - | ||
| 383 | - | ||
| 384 | - | ||
| 385 | - | 16–56. 1 | |
| 386 | - | ||
| 387 | - | (A) IN THIS SECTION, “BOARD” MEANS A POLICE ACCOU NTABILITY BOARD 2 | |
| 388 | - | ESTABLISHED UNDER § 3–102 OF THE PUBLIC SAFETY ARTICLE OF THE 3 | |
| 389 | - | ANNOTATED CODE. 4 | |
| 390 | - | ||
| 391 | - | (B) THE BOARD MAY NOT EXE RCISE JURISDICTION O VER MATTERS WITHIN 5 | |
| 392 | - | THE JURISDICTION OF AN ADMINISTRATIVE CH ARGING COMM ITTEE ESTABLISHED 6 | |
| 393 | - | IN ACCORDANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF THE 7 | |
| 394 | - | ANNOTATED CODE. 8 | |
| 395 | - | ||
| 396 | - | (C) A LAW ENFORCEMENT AGEN CY SHALL PLACE POSTE RS IN EACH 9 | |
| 397 | - | STATION OF THE LAW E NFORCEMENT AGENCY AN D ELSEWHERE THROUGHO UT THE 10 | |
| 398 | - | CITY TO EXPLAIN THE P ROCEDURE FOR FILING A COMPLAINT W ITH THE BOARD 11 | |
| 399 | - | AGAINST A LAW ENFORC EMENT OFFICER . 12 | |
| 400 | - | ||
| 401 | - | (D) AN EXPLANATION OF THE COMPLAINT PROCEDURES FOR THE BOARD 13 | |
| 402 | - | SHALL BE: 14 | |
| 403 | - | ||
| 404 | - | (1) MADE TO ALL POLICE O FFICERS IN A GENERAL ORDER TO BE 15 | |
| 405 | - | INCLUDED IN THE MANU AL OF RULES AND PROC EDURES OF THE LAW 16 | |
| 406 | - | ENFORCEMENT AGENCY ; AND 17 | |
| 407 | - | ||
| 408 | - | (2) INCLUDED IN THE TRAI NING PROGRAM FOR NEW POLICE 18 | |
| 409 | - | OFFICERS. 19 | |
| 410 | - | ||
| 411 | - | (E) EACH MEMBER OF THE BO ARD SHALL RECEIVE TR AINING ON THE 20 | |
| 412 | - | ISSUES OF ABUSIVE LA NGUAGE, FALSE ARREST , FALSE IMPRISONMENT , 21 | |
| 413 | - | HARASSMENT , AND EXCESSIVE FORCE . 22 | |
| 414 | - | ||
| 415 | - | (F) (1) THE BOARD MAY ISSUE A SUBPOENA, SIGNED BY THE CHAIR OF 23 | |
| 416 | - | THE BOARD, TO COMPEL: 24 | |
| 417 | - | ||
| 418 | - | (I) THE ATTENDANCE AND T ESTIMONY OF A WITNES S OTHER 25 | |
| 419 | - | THAN THE AC CUSED OFFICER ; AND 26 | |
| 420 | - | ||
| 421 | - | (II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 27 | |
| 422 | - | DOCUMENT . 28 | |
| 423 | - | ||
| 424 | - | (2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 29 | |
| 425 | - | PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE B OARD, A COURT OF 30 | |
| 426 | - | COMPETENT JURISDICTI ON MAY COMPEL COMP LIANCE WITH THE SUBP OENA. 31 | |
| 427 | - | 10 HOUSE BILL 991 | |
| 428 | - | ||
| 429 | - | ||
| 430 | - | (5) (G) (I) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY 1 | |
| 431 | - | SHALL INCLUDE AN APP ROPRIATION TO FUND T HE BALTIMORE CITY CIVILIAN 2 | |
| 432 | - | REVIEW BOARD BOARD THAT IS NOT LESS THA N 2% OF THE TOTAL BUDGET OF THE 3 | |
| 433 | - | BALTIMORE CITY POLICE DEPARTMENT $1,500,000. 4 | |
| 434 | - | ||
| 435 | - | (II) (2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD 5 | |
| 436 | - | BOARD MAY USE THE FUNDS DE SCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH 6 | |
| 437 | - | PARAGRAPH (1) OF THIS SUBSECTION FOR: 7 | |
| 438 | - | ||
| 439 | - | 1. (I) EMPLOYING STAFF AND INVESTIGATORS ; 8 | |
| 440 | - | ||
| 441 | - | 2. (II) HIRING OR CONTRACTING FOR LEGA L COUNSEL , 9 | |
| 442 | - | SUBJECT TO A MEMORAN DUM OF UNDERSTANDING WITH THE CITY SOLICITOR FOR 10 | |
| 443 | - | BALTIMORE CITY; AND 11 | |
| 444 | - | ||
| 445 | - | 3. (III) ANY OTHER EXPENDITUR E APPROVED BY A 12 | |
| 446 | - | QUORUM OF THE BALTIMORE CITY CIVILIAN REVIEW BOARD BOARD. 13 | |
| 447 | - | ||
| 448 | - | SECTION 3. AND BE IT FURTHER ENACTED, That: 14 | |
| 449 | - | ||
| 450 | - | (a) On or before July 31, 2022: 15 | |
| 451 | - | ||
| 452 | - | (1) the City Solicitor for Baltimore City shall execute a memorandum of 16 | |
| 453 | - | understanding with the Baltimore City Civilian Review Board and the subsequent police 17 | |
| 454 | - | accountability board for Baltimore City agreeing to the right of each of the boards to hire 18 | |
| 455 | - | independent counsel; 19 | |
| 456 | - | ||
| 457 | - | (2) the City Solicitor for Baltimore City, the Baltimore City Civilian Review 20 | |
| 458 | - | Board, and the police accountability board established under § 1–302 of the Public Safety 21 | |
| 459 | - | Article of the Annotated Code of Maryland shall execute a memorandum of understanding 22 | |
| 460 | - | to accommodate the complete transition of the duties and responsibilities of the Civilian 23 | |
| 461 | - | Review Board to the police accountability board on or before April 1, 2023. 24 | |
| 462 | - | ||
| 463 | - | (b) The memorandum of understanding entered into under subsection (a)(2) of 25 | |
| 464 | - | this section shall include agreements relating to the transition of: 26 | |
| 465 | - | ||
| 466 | - | (1) all appropriations, including State and federal funds, held by the 27 | |
| 467 | - | Baltimore City Civilian Review Board to carry out the functions, programs, and services 28 | |
| 468 | - | transferred under this Act; 29 | |
| 469 | - | ||
| 470 | - | (2) the transfer of employees to the police accountability board for 30 | |
| 471 | - | Baltimore City without diminution of their rights, benefits, employment, or retirement 31 | |
| 472 | - | status; and 32 | |
| 473 | - | ||
| 474 | - | (3) except as otherwise provided by law, the continuation of the application 33 | |
| 475 | - | of existing laws, regulations, proposed regulations, standards and guides, policies, orders 34 HOUSE BILL 991 11 | |
| 476 | - | ||
| 477 | - | ||
| 478 | - | and other directives, forms, plans, memberships, contracts, property, investigations, 1 | |
| 479 | - | administrative and judicial responsibilities, rights to sue and be sued, and all other duties 2 | |
| 480 | - | and responsibilities associated with the functions of the Baltimore City Civilian Review 3 | |
| 481 | - | Board to the police accountability board. 4 | |
| 482 | - | ||
| 483 | - | SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 7 of this 5 | |
| 484 | - | Act, Section(s) 16–41 through 16–54 of Article 4 – Baltimore City of the Code of Public Local 6 | |
| 485 | - | Laws of Maryland be repealed. 7 | |
| 486 | - | ||
| 487 | - | SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 7 of this 8 | |
| 488 | - | Act, the Baltimore City Civilian Review Board is hereby abolished and the police 9 | |
| 489 | - | accountability board for Baltimore City created under this Act shall be the successor of the 10 | |
| 490 | - | Baltimore City Civilian Review Board. 11 | |
| 491 | - | ||
| 492 | - | SECTION 6. AND BE IT FURTHER ENACTED, That, subject to Section 7 of th is 12 | |
| 493 | - | Act, the publisher of the Public Local Laws of Maryland, in consultation with and subject 13 | |
| 494 | - | to the approval of the Department of Legislative Services, shall correct, with no further 14 | |
| 495 | - | action required by the General Assembly, cross–references and terminology rendered 15 | |
| 496 | - | incorrect by this Act or by any other Act of the General Assembly of 2022 that affects 16 | |
| 497 | - | provisions enacted by this Act. The publisher shall adequately describe any correction that 17 | |
| 498 | - | is made in an editor’s note following the section affected. 18 | |
| 499 | - | ||
| 500 | - | SECTION 7. AND BE IT FURTHER ENACTED, That Sections 4, 5, and 6 of this 19 | |
| 501 | - | Act shall take effect April 1, 2023. On the taking effect of Sections 4, 5, and 6 of this Act, 20 | |
| 502 | - | Section 1 of this Act, with no further action required by the General Assembly, shall be 21 | |
| 503 | - | abrogated and of no further force and effect. 22 | |
| 504 | - | ||
| 505 | - | SECTION 2. 8. AND BE IT FURTHER ENACTED, That , subject to Section 7 of this 23 | |
| 506 | - | Act, this Act shall take effect July 1, 2022, the effective date of Chapter 59 of the Acts of 24 | |
| 507 | - | the General Assembly of 2021. If the effective date of Chapter 59 is amended, this Act shall 25 | |
| 508 | - | take effect on the taking effect of Chapter 59. 26 | |
| 509 | - | ||
| 510 | - | ||
| 511 | - | ||
| 512 | - | ||
| 513 | - | Approved: | |
| 514 | - | ________________________________________________________________________________ | |
| 515 | - | Governor. | |
| 516 | - | ________________________________________________________________________________ | |
| 517 | - | Speaker of the House of Delegates. | |
| 518 | - | ________________________________________________________________________________ | |
| 519 | - | President of the Senate. | |
| 328 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26 | |
| 329 | + | 1, 2022, the effective date of Chapter 59 of the Acts of the General Assembly of 2021. If the 27 | |
| 330 | + | effective date of Chapter 59 is amended, this Act shall take effect on the taking effect of 28 | |
| 331 | + | Chapter 59. 29 |