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.
*sb0581*
SENATE BILL 581
P3 2lr2215
SB 178/21 – JPR
By: Senator Bailey
Introduced and read first time: February 2, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 4, 2022
CHAPTER ______
AN ACT concerning 1
Public Safety – Law Enforcement Agencies – Positive Community Feedback 2
FOR the purpose of adding positive community feedback to the list of records that are not 3
considered personnel records for certain purposes; requiring the Maryland Police 4
Training and Standards Commission to develop a process for citizens to submit 5
certain feedback; requiring each law enforcement agency to adopt the uniform citizen 6
positive community feedback process; requiring a law enforcement agency to 7
maintain a certain record that is subject to public inspection; and generally relating 8
to law enforcement agencies. 9
BY repealing and reenacting, with amendments, 10
Article – General Provisions 11
Section 4–311(c) and 4–351(a) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Public Safety 16
Section 3–207(k) and 3–519.1 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 SENATE BILL 581
Article – General Provisions 1
4–311. 2
(c) (1) Except as provided in paragraph (2) of this subsection, THE 3
FOLLOWING RECORDS AR E NOT PERSONNEL RECO RDS FOR THE PURPOSES OF THIS 4
SECTION: 5
(I) a record relating to an administrative or criminal investigation 6
of misconduct by a police officer, including an internal affairs investigatory record[,]; 7
(II) a hearing record[,]; 8
(III) A RECORD OF POSITIVE COMMUNITY FEEDBACK ; and 9
(IV) records relating to a disciplinary decision[, is not a personnel 10
record for purposes of this section]. 11
(2) A record of a technical infraction is a personnel record for the purposes 12
of this section. 13
4–351. 14
(a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny 15
inspection of: 16
(1) records of investigations conducted by the Attorney General, a State’s 17
Attorney, a municipal or county attorney, a police department, or a sheriff; 18
(2) an investigatory file compiled for any other law enforcement, judicial, 19
correctional, or prosecution purpose; 20
(3) records that contain intelligence information or security procedures of 21
the Attorney General, a State’s Attorney, a municipal or county attorney, a police 22
department, a State or local correctional facility, or a sheriff; or 23
(4) records, other than a record of a technical infraction, relating to an 24
administrative or criminal investigation of misconduct by a police officer, including an 25
internal affairs investigatory record, a hearing record, A RECORD OF POSITIVE 26
COMMUNITY FEEDBACK , and records relating to a disciplinary decision. 27
Article – Public Safety 28
3–207. 29
SENATE BILL 581 3
(K) (1) THE COMMISSION SHALL DEV ELOP A UNIFORM CITIZ EN POSITIVE 1
COMMUNITY FEEDBACK P ROCESS TO BE FOLLOWE D BY EACH LAW ENFORC EMENT 2
AGENCY. 3
(2) THE UNIFORM CITIZEN P OSITIVE COMMUNITY FE EDBACK 4
PROCESS SHALL : 5
(I) BE SIMPLE; AND 6
(II) BE POSTED ON THE WEB SITE OF THE COMMISSION AND 7
EACH LAW ENFORCEMENT AGENCY. 8
3–519.1. 9
(A) EACH LAW ENFORCEMENT AGENCY SHALL ADOPT T HE UNIFORM 10
CITIZEN POSITIVE COM MUNITY FEEDBACK PROC ESS DEVELOPED BY THE 11
MARYLAND POLICE TRAINING AND STANDARDS COMMISSION UNDER § 3–207 OF 12
THIS TITLE. 13
(B) A LAW ENFORCEM ENT AGENCY SHALL : 14
(1) POST THE AGENCY ’S CITIZEN COMPLAINT POSITIVE COMMUNITY 15
FEEDBACK PROCESS ON THE AGENC Y’S WEBSITE IF THE AGE NCY MAINTAINS A 16
WEBSITE; AND 17
(2) MAINTAIN A RECORD OF POSITIVE COMMUNITY F EEDBACK FOR 18
ALL LAW ENFORCEMENT OFFICERS WITHIN THE AGENCY. 19
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, RECORDS 20
MAINTAINED UNDER SUB SECTION (B) OF THIS SECTION ARE SUBJECT TO PUBLIC 21
INSPECTION IN ACCORD ANCE WITH THE MARYLAND PUBLIC INFORMATION ACT. 22
SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 23
October 1, 2022. 24