EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0991*
HOUSE BILL 991
E4 2lr1242
CF SB 441
By: Delegate Smith
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
AN ACT concerning 1
Baltimore City – Civilian Review Board and Police Accountability Board 2
FOR the purpose of altering the powers and duties of the Baltimore City Civilian Review 3
Board; authorizing the Baltimore City Civilian Review Board to function as a police 4
accountability board altering the powers and duties of the Baltimore City police 5
accountability board; repealing the Baltimore City Civilian Review Board; and 6
generally relating to the Baltimore City Civilian Review Board and the police 7
accountability board. 8
BY repealing and reenacting, with amendments, 9
The Public Local Laws of Baltimore City 10
Section 16–42, 16–44, and 16–46 11
Article 4 – Public Local Laws of Maryland 12
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 13
(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 14
BY repealing and reenacting, with amendments, adding to 15
The Public Local Laws of Baltimore City 16
Section 16–43(f), 16–48, and 16–52 16–56 17
Article 4 – Public Local Laws of Maryland 18
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 19
BY repealing and reenacting, with amendments, 20
Article – Public Safety 21
Section 3–102 22 2 HOUSE BILL 991
Annotated Code of Maryland 1
(2018 Replacement Volume and 2021 Supplement) 2
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 3
BY repealing 4
The Public Local Laws of Baltimore City 5
Section 16–41, 16–42, and 16–44 6
Article 4 – Public Local Laws of Maryland 7
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 8
(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 9
BY repealing 10
The Public Local Laws of Baltimore City 11
Section 16–43 and 16–45 through 16–54 12
Article 4 – Public Local Laws of Maryland 13
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article 4 – Baltimore City 17
16–42. 18
(a) The Civilian Review Board of Baltimore City is established to provide a 19
permanent, statutory agency in Baltimore City through which: 20
(1) complaints lodged by members of the public regarding [abusive 21
language, false arrest, false imprisonment, harassment, or excessive force] MISCONDUCT 22
by police officers of a law enforcement unit shall be processed, investigated under § 16–46 23
of this subheading, and evaluated; and 24
(2) policies of a law enforcement unit may be reviewed. 25
(b) Jurisdiction SUBJECT TO SUBSECTION (C) OF THIS SECTION , 26
JURISDICTION of the Board shall extend [only to complaints against police officers with 27
respect to abusive language, false arrest, false imprisonment, harassment, and use of 28
excessive force as defined in § 16–41 of this subheading and by the law enforcement unit’s 29
rules and regulations] TO ALL COMPLAINTS MA DE BY MEMBERS OF THE PUBLIC 30
REGARDING MISCONDUCT BY POLICE OFFICERS . 31
(C) THE BOARD MAY FUNCTION AS A POLICE ACCOUNTABIL ITY BOARD AS 32
DESCRIBED IN § 3–102 OF THE PUBLIC SAFETY ARTICLE OF THE ANNOTATED CODE 33
OF MARYLAND. 34
HOUSE BILL 991 3
(C) (1) (I) THE BOARD MAY EXERCISE CO NCURRENT JURISDICTIO N 1
WITH THE POLICE INTEGRITY BUREAU IN THE INVESTI GATION OF COMPLAINTS THE 2
BOARD CONSIDERS APPRO PRIATE. 3
(II) THE BOARD SHALL REPORT IT S FINDINGS TO THE POLICE 4
INTEGRITY BUREAU. 5
(2) THE BOARD MAY NOT EXERCIS E JURISDICTION OVER MATTERS 6
WITHIN THE JURISDICTION OF AN AD MINISTRATIVE CHARGIN G COMMITTEE 7
ESTABLISHED IN ACCOR DANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF 8
THE ANNOTATED CODE. 9
(D) (1) THE BOARD MAY ISSUE A SUB POENA, SIGNED BY THE CHAIR OF 10
THE BOARD, TO COMPEL: 11
(I) THE ATTENDANCE AND T ESTIMONY OF A WITNES S OTHER 12
THAN THE ACCUSED OFF ICER; AND 13
(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 14
DOCUMENT . 15
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 16
PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE BOARD, A COURT OF 17
COMPETENT JURISDICTI ON MAY COMPEL COMPLI ANCE WITH THE SUBPOE NA. 18
[(c)] (D) (E) A law enforcement unit shall place posters in all law enforcement unit 19
stations and elsewhere throughout the City to explain the procedure for filing a complaint. 20
[(d)] (E) (F) An explanation of the Board’s complaint procedures shall be made to all 21
police officers in a general order to be included in the manual of rules and procedures of a 22
law enforcement unit, and shall be included in the training program for new police officers. 23
[(e)] (F) (G) Each member of the Board shall receive training on the issues of 24
abusive language, false arrest, false imprisonment, harassment, and excessive force. 25
(H) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY SHALL INCLUDE AN 26
APPROPRIATION TO FUN D THE BALTIMORE CITY CIVILIAN REVIEW BOARD THAT IS 27
NOT LESS THAN $1,500,000. 28
(2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY USE THE 29
FUNDS DESCRIBED IN P ARAGRAPH (I) OF THIS SUBSECTION FOR: 30
(I) EMPLOYING STAFF AND INVESTIGATORS ; 31
4 HOUSE BILL 991
(II) HIRING OR CONTRACTIN G FOR LEGAL COUNSEL , SUBJECT 1
TO A MEMORANDUM OF U NDERSTANDING WITH TH E CITY SOLICITOR FOR 2
BALTIMORE CITY; AND 3
(III) ANY OTHER EXPENDITUR E APPROVED BY A QUOR UM OF THE 4
BALTIMORE CITY CIVILIAN REVIEW BOARD. 5
16–43. 6
(f) (1) (I) [The Mayor of Baltimore City shall assign staff to the Board for 7
the periodic meetings of the Board from the Office of the City Solicitor and the Community 8
Relations Commission] THE BOARD SHALL HIRE STAF F TO CARRY OUT ITS 9
FUNCTIONS. 10
(II) AN EMPLOYEE OR A MEMB ER OF BALTIMORE CITY 11
GOVERNMENT WHO IS NO T A MEMBER OF THE BOARD MAY NOT CONTROL A HIRING 12
DECISION UNDER THIS P ARAGRAPH. 13
(2) Baltimore City may hire an independent administrator to serve the 14
Board. 15
16–44. 16
(a) An individual who claims to have been subjected to or witnessed an act of 17
[abusive language, false arrest, false imprisonment, harassment, or excessive force, or 18
injury allegedly resulting from excessive force caused by a police officer,] MISCONDUCT BY 19
A POLICE OFFICER may file a complaint at the Office of the Internal Investigative 20
Division, the Legal Aid Bureau, the Maryland Human Relations Commission, the 21
Baltimore Community Relations Commission, or at any of the police district stations. 22
(b) [(1) Except as provided in paragraph (2) of this subsection, a complaint shall 23
be made within 1 year of the action giving rise to the complaint. 24
(2) A complaint for excessive force shall be made within 90 days of the 25
alleged act of excessive force. 26
(c) (1) (i) The complaint shall be reduced to writing on a form authorized 27
by the Board, signed by the complainant, and witnessed by a notary public. 28
(ii) In addition to the requirements of subparagraph (i) of this 29
paragraph, a complaint for excessive force shall be sworn to by the complainant. 30
(2)] The complaint shall include: 31
[(i)] (1) the name of the complainant; 32
HOUSE BILL 991 5
[(ii)] (2) if known, the name of the police officer allegedly involved; 1
[(iii)] (3) the date, time, and place of the alleged misconduct; 2
[(iv)] (4) the circumstances of the alleged misconduct; and 3
[(v)] (5) an explanation of the alleged misconduct that is deemed 4
to be wrongful. 5
[(d)] (C) One copy of the completed form shall be retained by the recipient of the 6
complaint and a copy given to the complainant. A copy shall be sent within 48 hours to the 7
Internal Investigative Division and the Secretary of the Board. 8
[(e)] (D) The Secretary of the Board shall assign a consecutive number to each 9
complaint, and within 48 hours, shall send a copy to each member of the Board. The 10
Secretary shall also maintain on file a record of each complaint. 11
16–46. 12
(a) (1) The Board shall review all complaints alleging police misconduct 13
described in § 16–42(a)(1) of this subheading. 14
(2) The Board may investigate, simultaneously with the Internal 15
Investigative Division AND THE ADMINISTRATI VE CHARGING COMMITTE E 16
ESTABLISHED UNDER § 3–104 OF THE PUBLIC SAFETY ARTICLE OF THE 17
ANNOTATED CODE OF MARYLAND, each complaint it deems appropriate and report its 18
findings to the Internal Investigative Division AND ADMINISTRATIVE C HARGING 19
COMMITTEE . 20
(b) (1) The Board may issue a subpoena, signed by the Chairman of the Board, 21
to compel: 22
(i) the attendance and testimony of a witness other than the accused 23
officer; and 24
(ii) the production of any book, record, or other document. 25
(2) If a person fails to comply with a subpoena issued under this subsection, 26
on petition of the Board, a court of competent jurisdiction may compel compliance with the 27
subpoena. 28
(3) A police officer may submit a witness list to the Board 10 days or more 29
before the Board takes testimony. 30
(4) The Chairman or the Secretary of the Board may administer oaths in 31
connection with any proceeding of the Board. 32 6 HOUSE BILL 991
(5) The police officer or the police officer’s representative shall have the 1
right to question witnesses who testify about the complaint. 2
(6) All witness testimony shall be recorded. 3
(c) (1) The Board shall review the Internal Investigative Division’s Report. 4
(2) On review of the Internal Investigative Division Report and the Board’s 5
investigative report, if any, of each case, the Board shall recommend to the head of the 6
appropriate law enforcement unit AND THE ADMINISTRATI VE CHARGING COMMITTE E 7
one of the following actions: 8
(i) sustain the complaint and may recommend the appropriate 9
disciplinary action against the police officer; 10
(ii) not sustain the complaint; 11
(iii) exonerate the police officer; 12
(iv) find that the complaint is unfounded; or 13
(v) require further investigation by the Internal Investigative 14
Division. 15
(d) The Board shall submit a statement of its findings and recommendations to 16
the head of the appropriate law enforcement unit AND THE ADMINISTRATI VE CHARGING 17
COMMITTEE within 30 days of receipt of the Internal Investigative Division Report. 18
16–48. 19
[(a)] The [head of the appropriate law enforcement unit] ADMINISTRATIVE 20
CHARGING COMMITTEE has final decision–making responsibility for the appropriate 21
disciplinary action in each case, but the [head of the law enforcement unit ] 22
ADMINISTRATIVE CHARG ING COMMITTEE may not take final action until after 23
reviewing the recommendation of the Board under § 16–46(c)(2) of this subheading. 24
[(b) If a complaint is not sustained or the police officer is exonerated, on written 25
request by the police officer sent to the Board, the Board shall expunge all records of the 26
complaint.] 27
16–52. 28
(a) Records containing the names or identification of complainants, investigators, 29
and witnesses may not be disclosed or released to the public. 30
HOUSE BILL 991 7
(b) (1) The Internal Investigative Division shall retain sole custody of an 1
Internal Investigative Division Report. 2
(2) Except for an Internal Investigative Division Report, the Board shall be 3
the custodian of all records of a proceeding for a complaint under this subheading, including 4
personal notes, audio recordings, memoranda, letters, and forms resulting from a complaint 5
and proceedings before the Board involving the complaint. 6
(C) THE BOARD SHALL MAKE PUBL IC ANY RECORD NOT OT HERWISE 7
PROHIBITED FROM DISC LOSURE UNDER STATE LAW. 8
Article – Public Safety 9
3–102. 10
(a) Each county shall have a police accountability board to: 11
(1) hold quarterly meetings with heads of law enforcement agencies and 12
otherwise work with law enforcement agencies and the county government to improve 13
matters of policing; 14
(2) appoint civilian members to charging committees and trial boards; 15
(3) receive complaints of police misconduct filed by members of the public; 16
and 17
(4) (i) on a quarterly basis, review outcomes of disciplinary matters 18
considered by charging committees; and 19
(ii) on or before December 31 each year, submit a report to the 20
governing body of the county that: 21
1. identifies any trends in the disciplinary process of police 22
officers in the county; and 23
2. makes recommendations on changes to policy that would 24
improve police accountability in the county. 25
(b) (1) (i) Subject to subparagraph (ii) of this paragraph, the local 26
governing body shall: 27
1. establish the membership of a police accountability board; 28
2. establish the budget and staff for a police accountability 29
board; 30
8 HOUSE BILL 991
3. appoint a chair of the police accountability board who has 1
relevant experience to the position; and 2
4. establish the procedures for record keeping by a police 3
accountability board. 4
(ii) An active police officer may not be a member of a police 5
accountability board. 6
(2) To the extent practicable, the membership of a police accountability 7
board shall reflect the racial, gender, and cultural diversity of the county. 8
(c) (1) A complaint of police misconduct filed with a police accountability board 9
shall include: 10
(i) the name of the police officer accused of misconduct; 11
(ii) a description of the facts on which the complaint is based; and 12
(iii) contact information of the complainant or a person filing on 13
behalf of the complainant for investigative follow–up. 14
(2) A complaint need not be notarized. 15
(d) A complaint of police misconduct filed with a police accountability board shall 16
be forwarded to the appropriate law enforcement agency within 3 days after receipt by the 17
board. 18
(E) (1) THIS SUBSECTION APPLI ES IN BALTIMORE CITY. 19
(2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY FUNCTION 20
AS THE POLICE ACCOUN TABILITY BOARD FOR BALTIMORE CITY. 21
(3) NOTWITHSTANDING ANY P ROVISION OF THIS SECTION , THE 22
PUBLIC LOCAL LAWS OF BALTIMORE CITY SHALL GOVERN THE POWERS AND 23
DUTIES OF THE BALTIMORE CITY CIVILIAN REVIEW BOARD AND THE MEMBERS HIP 24
OF THE BOARD SHALL BE DETERM INED IN ACCORDANCE W ITH § 16–43 OF THE 25
PUBLIC LOCAL LAWS OF BALTIMORE CITY. 26
(4) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY SUE AND BE 27
SUED, AND MAY HIRE OR CONT RACT FOR LEGAL REPRE SENTATION. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
Article 4 – Baltimore City 31 HOUSE BILL 991 9
16–56. 1
(A) IN THIS SECTION, “BOARD” MEANS A POLICE ACCOU NTABILITY BOARD 2
ESTABLISHED UNDER § 3–102 OF THE PUBLIC SAFETY ARTICLE OF THE 3
ANNOTATED CODE. 4
(B) THE BOARD MAY NOT EXE RCISE JURISDICTION O VER MATTERS WITHIN 5
THE JURISDICTION OF AN ADMINISTRATIVE CH ARGING COMM ITTEE ESTABLISHED 6
IN ACCORDANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF THE 7
ANNOTATED CODE. 8
(C) A LAW ENFORCEMENT AGEN CY SHALL PLACE POSTE RS IN EACH 9
STATION OF THE LAW E NFORCEMENT AGENCY AN D ELSEWHERE THROUGHO UT THE 10
CITY TO EXPLAIN THE P ROCEDURE FOR FILING A COMPLAINT W ITH THE BOARD 11
AGAINST A LAW ENFORC EMENT OFFICER . 12
(D) AN EXPLANATION OF THE COMPLAINT PROCEDURES FOR THE BOARD 13
SHALL BE: 14
(1) MADE TO ALL POLICE O FFICERS IN A GENERAL ORDER TO BE 15
INCLUDED IN THE MANU AL OF RULES AND PROC EDURES OF THE LAW 16
ENFORCEMENT AGENCY ; AND 17
(2) INCLUDED IN THE TRAI NING PROGRAM FOR NEW POLICE 18
OFFICERS. 19
(E) EACH MEMBER OF THE BO ARD SHALL RECEIVE TR AINING ON THE 20
ISSUES OF ABUSIVE LA NGUAGE, FALSE ARREST , FALSE IMPRISONMENT , 21
HARASSMENT , AND EXCESSIVE FORCE . 22
(F) (1) THE BOARD MAY ISSUE A SUBPOENA, SIGNED BY THE CHAIR OF 23
THE BOARD, TO COMPEL: 24
(I) THE ATTENDANCE AND T ESTIMONY OF A WITNES S OTHER 25
THAN THE AC CUSED OFFICER ; AND 26
(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 27
DOCUMENT . 28
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 29
PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE B OARD, A COURT OF 30
COMPETENT JURISDICTI ON MAY COMPEL COMP LIANCE WITH THE SUBP OENA. 31
10 HOUSE BILL 991
(5) (G) (I) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY 1
SHALL INCLUDE AN APP ROPRIATION TO FUND T HE BALTIMORE CITY CIVILIAN 2
REVIEW BOARD BOARD THAT IS NOT LESS THA N 2% OF THE TOTAL BUDGET OF THE 3
BALTIMORE CITY POLICE DEPARTMENT $1,500,000. 4
(II) (2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD 5
BOARD MAY USE THE FUNDS DE SCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH 6
PARAGRAPH (1) OF THIS SUBSECTION FOR: 7
1. (I) EMPLOYING STAFF AND INVESTIGATORS ; 8
2. (II) HIRING OR CONTRACTING FOR LEGA L COUNSEL , 9
SUBJECT TO A MEMORAN DUM OF UNDERSTANDING WITH THE CITY SOLICITOR FOR 10
BALTIMORE CITY; AND 11
3. (III) ANY OTHER EXPENDITUR E APPROVED BY A 12
QUORUM OF THE BALTIMORE CITY CIVILIAN REVIEW BOARD BOARD. 13
SECTION 3. AND BE IT FURTHER ENACTED, That: 14
(a) On or before July 31, 2022: 15
(1) the City Solicitor for Baltimore City shall execute a memorandum of 16
understanding with the Baltimore City Civilian Review Board and the subsequent police 17
accountability board for Baltimore City agreeing to the right of each of the boards to hire 18
independent counsel; 19
(2) the City Solicitor for Baltimore City, the Baltimore City Civilian Review 20
Board, and the police accountability board established under § 1–302 of the Public Safety 21
Article of the Annotated Code of Maryland shall execute a memorandum of understanding 22
to accommodate the complete transition of the duties and responsibilities of the Civilian 23
Review Board to the police accountability board on or before April 1, 2023. 24
(b) The memorandum of understanding entered into under subsection (a)(2) of 25
this section shall include agreements relating to the transition of: 26
(1) all appropriations, including State and federal funds, held by the 27
Baltimore City Civilian Review Board to carry out the functions, programs, and services 28
transferred under this Act; 29
(2) the transfer of employees to the police accountability board for 30
Baltimore City without diminution of their rights, benefits, employment, or retirement 31
status; and 32
(3) except as otherwise provided by law, the continuation of the application 33
of existing laws, regulations, proposed regulations, standards and guides, policies, orders 34 HOUSE BILL 991 11
and other directives, forms, plans, memberships, contracts, property, investigations, 1
administrative and judicial responsibilities, rights to sue and be sued, and all other duties 2
and responsibilities associated with the functions of the Baltimore City Civilian Review 3
Board to the police accountability board. 4
SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 7 of this 5
Act, Section(s) 16–41 through 16–54 of Article 4 – Baltimore City of the Code of Public Local 6
Laws of Maryland be repealed. 7
SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 7 of this 8
Act, the Baltimore City Civilian Review Board is hereby abolished and the police 9
accountability board for Baltimore City created under this Act shall be the successor of the 10
Baltimore City Civilian Review Board. 11
SECTION 6. AND BE IT FURTHER ENACTED, That, subject to Section 7 of th is 12
Act, the publisher of the Public Local Laws of Maryland, in consultation with and subject 13
to the approval of the Department of Legislative Services, shall correct, with no further 14
action required by the General Assembly, cross–references and terminology rendered 15
incorrect by this Act or by any other Act of the General Assembly of 2022 that affects 16
provisions enacted by this Act. The publisher shall adequately describe any correction that 17
is made in an editor’s note following the section affected. 18
SECTION 7. AND BE IT FURTHER ENACTED, That Sections 4, 5, and 6 of this 19
Act shall take effect April 1, 2023. On the taking effect of Sections 4, 5, and 6 of this Act, 20
Section 1 of this Act, with no further action required by the General Assembly, shall be 21
abrogated and of no further force and effect. 22
SECTION 2. 8. AND BE IT FURTHER ENACTED, That , subject to Section 7 of this 23
Act, this Act shall take effect July 1, 2022, the effective date of Chapter 59 of the Acts of 24
the General Assembly of 2021. If the effective date of Chapter 59 is amended, this Act shall 25
take effect on the taking effect of Chapter 59. 26
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.