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.
Italics indicate opposite chamber/conference committee amendments.
*sb0763*
SENATE BILL 763
E2 (2lr3172)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senator Sydnor
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Collection Public Safety and Criminal Procedure – Collection, Reporting, and 2
Publication of Criminal Case and Prosecutorial Information 3
(Maryland Criminal Justice Data Transparency Act) 4
Public Safety and Criminal Justice – Transparency and Accountability 5
FOR the purpose of requiring the Division of Parole and Probation to report certain 6
information annually to the General Assembly; establishing requirements for the 7
collection and dissemination of certain information relating to the Office of the 8
State’s Attorney in each county and Baltimore City, coordinated in a certain manner 9
by the Administrative Office of the Courts and the State Commission on Criminal 10
Sentencing Policy; altering the definition of student data to allow certain records to 11
be shared with the Maryland Longitudinal Data System Center; establishing the 12
Task Force to Study Criminal Justice Data Transparency; and generally relating to 13
the Office of the State’s Attorney and the collection and publication of information 14
transparency of criminal justice data requiring a certain annual report by the State 15 2 SENATE BILL 763
Commission on Criminal Sentencing Policy to identify certain information for crimes 1
of violence; requiring the Commission to include certain information in a data 2
dashboard on its public website; altering the definition of student data to allow 3
certain records to be shared with the Maryland Longitudinal Data System Center; 4
specifying that a certain disciplinary matrix applies to all complaints of police 5
misconduct; specifying that the purpose of a certain trial board process is to 6
adjudicate all internal and external matters for which a police officer is subject to 7
discipline; establishing the composition of a trial board for a statewide or bi–county 8
law enforcement agency; prohibiting the use of collective bargaining to establish or 9
alter a process for investigation and disposition of certain complaints; altering the 10
process for appealing certain disciplinary matters; renaming the Independent 11
Investigative Unit in the Office of the Attorney General to be the Independent 12
Investigations Division; authorizing the Attorney General or certain individuals 13
designated by the Attorney General to seek certain injunctive relief or issue a certain 14
subpoena under certain circumstances; establishing the Task Force to Study 15
Transparency Standards for State’s Attorneys; and generally relating to transparency 16
and accountability in public safety and criminal justice. 17
BY adding to 18
Article – Correctional Services 19
Section 6–122 20
Annotated Code of Maryland 21
(2017 Replacement Volume and 2021 Supplement) 22
BY adding to 23
Article – Criminal Procedure 24
Section 15–501 through 15–506 15–504 to be under the new subtitle “Subtitle 5. 25
State’s Attorney’s Criminal Case and Prosecutorial Data Collection” 26
Annotated Code of Maryland 27
(2018 Replacement Volume and 2021 Supplement) 28
BY repealing and reenacting, without amendments, 29
Article – Education 30
Section 24–701(a) and 24–703(a) and (f)(1) 31
Annotated Code of Maryland 32
(2018 Replacement Volume and 2021 Supplement) 33
BY repealing and reenacting, with amendments, 34
Article – Education 35
Section 24–701(l) 36
Annotated Code of Maryland 37
(2018 Replacement Volume and 2021 Supplement) 38
BY repealing and reenacting, without amendments, 39
Article – Criminal Procedure 40
Section 6–201 41
Annotated Code of Maryland 42 SENATE BILL 763 3
(2018 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Criminal Procedure 3
Section 6–209 4
Annotated Code of Maryland 5
(2018 Replacement Volume and 2021 Supplement) 6
BY repealing and reenacting, without amendments, 7
Article – Education 8
Section 24–701(a) and 24–703(a) and (f)(1) 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 24–701(l) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Public Safety 18
Section 3–104(d), 3–105, 3–106, and 3–111 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
(As enacted by Section 3 of Chapter 59 of the Acts of the General Assembly of 2021) 22
BY repealing and reenacting, with amendments, 23
Article – Public Safety 24
Section 3–527 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2021 Supplement) 27
BY repealing and reenacting, with amendments, 28
Article – State Government 29
Section 6–106.2 to be under the new subtitle “Subtitle 6. Independent Investigations 30
Division” 31
Annotated Code of Maryland 32
(2021 Replacement Volume) 33
BY adding to 34
Article – State Government 35
Section 6–601 and 6–603 36
Annotated Code of Maryland 37
(2021 Replacement Volume) 38
4 SENATE BILL 763
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
6–122. 4
ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 THEREAFTER , 5
THE DIVISION SHALL REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE 6
GOVERNMENT ARTICLE, TO THE SENATE JUDICIAL PROCEEDINGS COMMITTEE 7
AND THE HOUSE JUDICIARY COMMITTEE ON : 8
(1) MEASURES IT WILL TAK E TO IMPROVE OVERSIG HT OF OFFENDERS 9
UNDER THE SUPERVISIO N OF THE DIVISION WHO ARE INVO LVED IN HOMICIDES ; AND 10
(2) THE NUMBER OF OFFEND ERS SUPERVISED BY TH E DIVISION THAT 11
WERE SHOOTING VICTIM S, HOMICIDE VICTIMS , OR CHARGED WITH HOMI CIDE, 12
NONFATAL SHOOTING , RAPE, POLICE–INVOLVED SHOOTING , OR ANY CRIME 13
INVOLVING THE O FFENDER’S USE OF A FIREARM . 14
Article – Criminal Procedure 15
SUBTITLE 5. STATE’S ATTORNEY’S CRIMINAL CASE AND PROSECUTORIAL DATA 16
COLLECTION. 17
15–501. 18
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) “CASE NUMBER ” MEANS THE UNIQUE NUMBER ASSIGN ED TO A 21
CRIMINAL CASE ASSOCI ATED WITH A PARTICUL AR CRIMINAL CHARGE . 22
(C) “CHARGE” MEANS AN ACCUSATION OF A CRIME BY A STATE’S ATTORNEY 23
INITIATED BY A TICKE T, A COMPLAINT , OR ANY OTHER CHARGIN G DOCUMENT A 24
GUIDELINES–ELIGIBLE CONVICTION CAPTURED BY THE AUTOMATED GUIDELINES 25
SYSTEM. 26
(D) “CHARGE DESCRIPTION ” MEANS: 27
(1) THE NAME OF THE CHAR GE AS PROVIDED BY LA W; 28
(2) A STATEMENT OF THE C RIMINAL PROVISION TH AT IS ALLEGED TO 29
HAVE BEEN VIOLATED ; 30
SENATE BILL 763 5
(3) THE ASSOCIATED STATU TORY SECTION ESTABLISHING THE 1
ALLEGED CONDUCT AS C RIMINAL; AND 2
(4) THE CLASSIFICATION O F THE CRIME. 3
(E) “CHARGE IDENTIFICATION ” MEANS THE UNIQUE IDE NTIFICATION 4
NUMBER ASSIGNED TO T HE CHARGE. 5
(F) (D) “CHARGE MODIFIER MODIFICATION ” MEANS AN AGGRAVATING 6
OR MITIGATING CIRCUMSTANCE OF AN A LLEGED CHARGE THAT E NHANCES, 7
REDUCES, OR RECLASSIFIES THE ALL EGED CHARGE TO A DIF FERENT 8
CLASSIFICATION GRADE OR LEVEL THE ENHANCEMENT , REDUCTION, OR 9
RECLASSIFICATION OF A CHARGE TO A DIFFER ENT CLASSIFICATION G RADE OR 10
LEVEL DUE TO AGGRAVATING OR MITIGATING CIRCUMSTA NCES. 11
(G) (E) (C) “COMMISSION” MEANS THE STATE COMMISSION ON CRIMINAL 12
SENTENCING POLICY. 13
(H) “DISPOSITION” MEANS THE CONCLUSION OF THE PROSECUTION O F A 14
CHARGE, INCLUDING: 15
(1) NOLLE PROSEQUI ; 16
(2) DIVERSION; 17
(3) DISMISSAL; 18
(4) DISMISSAL AS PART OF A PLEA BARGAIN ; 19
(5) CONVICTION AS PART O F A PLEA BARGAIN ; 20
(6) CONVICTION AT TRIAL ; AND 21
(7) ACQUITTAL. 22
(I) “INITIATION” MEANS THE CREATION O R INSTITUTION OF A C HARGE 23
AGAINST A CRIMINAL D EFENDANT, WHETHER BY POLICE , PROSECUTORS , GRAND 24
JURY, OR OTHER ENTITY . 25
(J) (1) “POLICY” MEANS FORMAL , WRITTEN GUIDANCE FOR EMPLOYEES 26
OF A STATE’S ATTORNEY. 27
(2) “POLICY” INCLUDES: 28
6 SENATE BILL 763
(I) A PROCEDURE ; 1
(II) A GUIDELINE; 2
(III) A MANUAL; 3
(IV) TRAINING MATERIAL; 4
(V) A DIRECTION; 5
(VI) AN INSTRUCTION ; OR 6
(VII) ANY OTHER PIECE OF I NFORMATION . 7
(3) “POLICY” DOES NOT INCLUDE : 8
(I) ATTORNEY WORK PRODUC T; OR 9
(II) INFORMATIONAL LEGAL OR PROCEDURAL ADVICE OR 10
GUIDANCE OFFERED AMO NG ATTORNEYS WITHIN AN OFFICE OF A STATE’S 11
ATTORNEY. 12
(K) (F) (D) “STATE’S ATTORNEY” MEANS THE OFFICE OF THE STATE’S 13
ATTORNEY IN EACH COUN TY IN THE STATE AND BALTIMORE CITY. 14
(L) “UNIQUE IDENTIFIER ” MEANS A RANDOMLY GEN ERATED NUMBER THAT 15
IS ASSIGNED IN PLACE OF A DEFENDANT’S NAME. 16
15–502. 17
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, AND IN 18
ACCORDANCE WITH § 15–505 15–503 OF THIS SUBTITLE AND OTHER LOCAL AND 19
STATE LAW, THE ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION, WITH 20
THE COOPERATION OF E ACH STATE’S ATTORNEY, SHALL COLLECT AND DI SCLOSE 21
THE FOLLOWING INFORM ATION FOR EACH CASE PROSECUTED IN THE CIRCUIT 22
COURT: 23
(1) THE CASE NUMBER ; 24
(2) THE INDICTMENT NUMBE R; 25
(3) THE DOCKET NUMBER ; 26
(4) THE UNIQUE IDENTIFIE R; 27 SENATE BILL 763 7
(5) (2) THE DEFENDANT ’S: 1
(I) RACE; AND 2
(II) GENDER; AND 3
(III) DISABILITY STATUS , IF ANY, AND THE SOURCE OF TH E 4
DISABILITY STATUS ; 5
(6) THE INCIDENT DATE ; 6
(7) (3) THE ARREST DATE DATE OF THE OFFENSE ; 7
(8) THE DISTRICT OR NEIG HBORHOOD OF ARREST ; 8
(9) THE PRIMARY ARRESTING AGENCY ; 9
(10) OTHER AGENCIES INVOL VED IN THE ARREST , IF ANY; 10
(11) THE CHARGES LISTED O N THE ARRESTING AGEN CY’S 11
PAPERWORK ; 12
(12) IF APPLICABLE, THE REASON THE STATE’S ATTORNEY DECLINED 13
TO PROSECUTE THE ARR EST; 14
(13) (4) THE CHARGES BROUGHT BY THE STATE’S ATTORNEY; 15
ATTORNEY THAT RESULT ED IN CONVICTIONS ; 16
(14) THE PROSECUTOR WHO B ROUGHT THE CHARGE ; 17
(15) (5) WHETHER THE DEFENDAN T WAS DETERMINED ELI GIBLE 18
FOR COURT–APPOINTED COUNSEL , AND THE PROCEEDING W HERE THE 19
DETERMINATION WAS MADE REPRESENTED BY PRIVA TE COUNSEL , A PUBLIC 20
DEFENDER, OR COURT–APPOINTED COUNSEL OR PROCEEDED PRO SE ; 21
(16) THE ARRAIGNMENT DATE ; 22
(17) THE CHARGE MODIFICAT ION DATE; 23
(18) (6) WHETHER DIVERSION WA S, PROBLEM–SOLVING COURT , OR 24
AN ALTERNATIVE SENTENCING PROGRAM W ERE OFFERED AND , IF SO: 25
(I) THE DATE DIVERSION W AS OFFERED; 26
8 SENATE BILL 763
(II) IF STATED ON THE REC ORD, THE JUDICIAL POSITIO N ON 1
DIVERSION; AND 2
(III) THE DIVERSION TERMS , INCLUDING HOW MUCH T HE 3
DEFENDANT MUST PAY ; 4
(19) (7) WHETHER THE ANY CHARGE THAT RESULTED IN A 5
CONVICTION CARRIES A MANDATORY MINIMUM SENTENCE ; 6
(20) THE PROSECUTOR ’S RECOMMENDATION ON BAIL OR BOND , 7
INCLUDING RELEASE CO NDITIONS; 8
(21) WHETHER BAIL OR BOND WAS IMPOSED ON THE D EFENDANT; 9
(22) WHETHER BOND WAS SECURED , UNSECURED , OR OTHER TYPE ; 10
(23) THE DATE BAIL OR BON D WAS IMPOSED ; 11
(24) IF ORDERED, RELEASE CONDITIONS ; 12
(25) THE DATE RANGE OF AN Y PRETRIAL DETENTION ; 13
(26) INFORMATION ON WHETH ER A RISK ASSESSMENT OR OTHER 14
ALGORITHM –BASED OR QUANTITATIVE TOOL WA S USED IN DETERMININ G WHETHER 15
PRETRIAL DETENTION W AS ORDERED OR THE AM OUNT OF BAIL OR BOND AND, IF 16
USED: 17
(I) THE NAME OF THE OFFI CE OR AGENCY THAT CO NDUCTED 18
THE RISK ASSESSMENT ; AND 19
(II) THE NAME OF ANY OFFI CE, AGENCY, INDIVIDUAL, OR 20
ATTORNEY THAT RECEIV ED THE RISK ASSESSME NT RESULTS; 21
(27) INFORMATION ON WHETH ER A STATUTORY OR CO NSTITUTIONAL 22
RIGHT OF THE DEFENDA NT WAS WAIVED , EITHER BY STIPULATIO N OR ON THE 23
RECORD, INCLUDING: 24
(I) THE DATE OF THE WAIV ER; 25
(II) THE RIGHT WAIVED ; AND 26
(III) WHETHER THE RIGHT WA S WAIVED AS A CONDIT ION OF A 27
PLEA BARGAIN ; 28
SENATE BILL 763 9
(28) WHETHER A PLEA WAS O FFERED; 1
(29) WHETHER A TIME LIMIT WAS PROVIDED WITH A PLEA OFFER; 2
(30) ALL TERMS OF ALL PLE AS OFFERED, INCLUDING: 3
(I) THE CHARGES DISMISSED ; 4
(II) THE SENTENCE RANGES FOR THE CHARGES DISM ISSED; 5
(III) THE CHARGES IN THE P LEA; 6
(IV) THE SENTENCE RANGES FOR THE CHARGES IN T HE PLEA; 7
(V) ANY CHARGES COVERED BY THE PLEA BUT NOT PART OF 8
THE CONVICTION ; AND 9
(VI) THE PENALTIES OR SENTENC E OFFERED FOR TAKING THE 10
PLEA; 11
(31) WHETHER THE PLEA WAS ACCEPTED OR REJECTED ; 12
(32) WHETHER DISCOVERY WA S OFFERED TO THE DEF ENDANT BEFORE 13
THE PLEA; 14
(33) THE DATE DISCOVERY W AS DISCLOSED TO THE DEFENSE OR 15
DEFENDANT ; 16
(34) THE PRESIDING JUDGE AT T HE PRETRIAL STAGE ; 17
(35) (8) THE DISPOSITION , INCLUDING:; AND 18
(I) THE CASE OR CHARGES DISMISSED BY THE STATE’S 19
ATTORNEY, IF ANY; 20
(II) IF DISMISSED, THE REASON FOR DISMI SSAL; 21
(III) IF CONVICTED, WHETHER BY PLEA , JURY TRIAL, OR BENCH 22
TRIAL; AND 23
(IV) IF THE CASE WAS DISM ISSED BY A JUDGE, THE REASON FOR 24
DISMISSAL; 25
(36) THE PRESIDING JUDGE AT THE DISPOSITION ; 26
10 SENATE BILL 763
(37) THE DISPOSITION DATE ; 1
(38) THE SENTENCE TYPE ; 2
(39) (9) THE SENTENCE LENGTH ; 3
(40) THE PRESIDING JUDGE AT S ENTENCING; 4
(41) SUPERVISION TERMS ; 5
(42) SERVICES REQUIRED OR PROVIDED, IF ANY; 6
(43) FINES, FEES, OR SURCHARGES REQUIR ED, IF ANY; AND 7
(44) FORFEITURE OF PROPER TY REQUIRED, IF ANY. 8
(B) INFORMATION DISCLOSED UNDER SUBSECTION (A) OF THIS SECTION 9
MAY NOT INCLUDE ANY IDENTIFIABLE INFORMA TION RELATING TO A W ITNESS. 10
(C) EACH STATE’S ATTORNEY SHALL COOPER ATE WITH THE 11
ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION TO PROVIDE ANY DATA 12
NECESSARY TO MEET TH E REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION. 13
(D) THE ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION SHALL 14
RECORD AND MAINTAIN THE INFORMATION COLL ECTED IN ACCORDANCE WITH THIS 15
SECTION FOR AT LEAST 10 YEARS. 16
15–503. 17
(A) EACH STATE’S ATTORNEY SHALL COLLEC T AND PUBLISH ON THE 18
WEBSITE FOR EACH OFF ICE IN ACCORDANCE WI TH § 15–504 OF THIS SUBTITLE: 19
(1) ALL OFFICE POLICIES RELATED TO: 20
(I) CHARGING AND CHARGE DISMISSAL; 21
(II) BAIL; 22
(III) SENTENCING; 23
(IV) PLEA BARGAINS ; 24
(V) GRAND JURY PRACTICES ; 25
(VI) DISCOVERY PRACTICES ; 26 SENATE BILL 763 11
(VII) WITNESS TREATMENT , INCLUDING WHEN AND H OW TO 1
PROCURE A MATERIAL W ITNESS WARRANT ; 2
(VIII) HOW A DECISION IS MA DE TO PROSECUTE A MI NOR AS AN 3
ADULT; 4
(IX) HOW FINES AND FEES A RE ASSESSED; 5
(X) CRIMINAL AND CIVIL FORFEITURE PRACTICES ; 6
(XI) MENTAL HEALTH SCREEN ING AND COLLECTION O F MENTAL 7
HEALTH HISTORY ; 8
(XII) SUBSTANCE ABUSE SCRE ENING AND COLLECTION OF 9
SUBSTANCE ABUSE HIST ORY; 10
(XIII) DOMESTIC VIOLENCE SU RVIVORS; 11
(XIV) DIVERSION PRACTICES AND POLICIES; 12
(XV) HUMAN RESOURCES , INCLUDING: 13
1. HIRING; 14
2. EVALUATING; 15
3. PROMOTING ; AND 16
4. ROTATION AMONG DIVIS IONS OR UNITS; 17
(XVI) INTERNAL DISCIPLINE POLICIES AND PROCEDU RES; 18
(XVII) VICTIM SERVICES ; 19
(XVIII) RESTORATIVE JUSTICE PROGRAMS ; 20
(XIX) A LISTING OF OFFICE TRAININGS IN THE IMM EDIATELY 21
PRECEDING CALENDAR Y EAR; 22
(XX) PRACTICES INVOLVING TRACKING AND RESPOND ING TO AN 23
INMATE APPLICATION F OR PAROLE AND RESENT ENCING; AND 24
(XXI) POLICIES SPECIFIC TO VULNERABLE POPULATIONS ; AND 25
12 SENATE BILL 763
(2) THE NUMBER OF : 1
(I) ATTORNEYS ON STAFF ; 2
(II) CASES HANDLED EACH Y EAR FOR EACH ATTORNE Y; 3
(III) ATTORNEYS WHO WORKED IN THE OFFICE IN A T EMPORARY 4
OR CONTRACTUAL CAPAC ITY DURING THE IMMED IATELY PRECEDING CAL ENDAR 5
YEAR; 6
(IV) PARALEGALS AND ADMIN ISTRATIVE STAFF EMPL OYED BY 7
THE OFFICE; 8
(V) INVESTIGATORS UTILIZ ED DURING THE IMMEDI ATELY 9
PRECEDING CALENDAR Y EAR; 10
(VI) EXPERTS UTILIZED DUR ING THE IMMEDIATELY PRECEDING 11
CALENDAR YEAR WHETHE R ON STAFF OR OTHERW ISE EMPLOYED; AND 12
(VII) POLICE OR DETECTIVES WHO WORK DIRECTLY FO R THE 13
OFFICE. 14
(B) IF A STATE’S ATTORNEY DOES NOT MAI NTAIN A POLICY RELAT ED TO 15
THE TOPICS DESCRIBED IN SUBSECTION (A)(1) OF THIS SECTION , THE STATE’S 16
ATTORNEY SHALL AFFIRM ATIVELY DISCLOSE T HAT FACT. 17
15–504. 18
(A) BEGINNING APRIL 1, 2023, EACH STATE’S ATTORNEY SHALL MAKE 19
PUBLICLY AVAILABLE A LL THE INFORMATION D ESCRIBED IN § 15–503 OF THIS 20
SUBTITLE BY: 21
(1) PUBLISHING THE INFOR MATION ON THE STATE’S ATTORNEY’S 22
WEBSITE; AND 23
(2) PROVIDING THE INFORMATION TO A NY PERSON WHO REQUES TS 24
THE INFORMATION DIRE CTLY FROM THE STATE’S ATTORNEY. 25
(B) THE STATE’S ATTORNEY SHALL INCLUD E IN THE INFORMATION 26
COLLECTED UNDER § 15–503 OF THIS SUBTITLE: 27
(1) THE EFFECTIVE DATE O F THE POLICY; OR 28
(2) THE DATE THE INFORMATION WAS GATHERED . 29 SENATE BILL 763 13
(C) EACH STATE’S ATTORNEY SHALL PUBLIS H REVISED, UPDATED, OR 1
NEWLY DRAFTED POLICI ES OR NEWLY COLLECTE D INFORMATION ON A T IMELY 2
BASIS AT LEAST ONCE EACH YEAR. 3
15–505. 4
(A) (1) THE COMMISSION, IN COORDINATION WITH THE 5
ADMINISTRATIVE OFFICE OF THE COURTS, SHALL: 6
(I) DETERMINE THE MANNER IN WHICH THE ADMINISTRATIVE 7
OFFICE OF THE COURTS PROVIDES TO TH E COMMISSION THE INFORM ATION 8
COLLECTED UNDER § 15–502 OF THIS SUBTITLE; 9
(II) ENSURE THAT DISCLOSU RE OF INFORMATION UNDER THIS 10
SUBTITLE IS PERFORME D IN A UNIFORM AND C ONSISTENT MANNER ; AND 11
(III) DETERMINE AN IMPLEME NTATION SCHEDULE AND PLAN BY 12
WHICH THE ADMINISTRATIVE OFFICE OF THE COURTS WILL DISCLOSE 13
INFORMATION COLLECTE D UNDER § 15–502 OF THIS SUBTITLE ON OR BEFORE 14
OCTOBER 1, 2025. 15
(2) THE IMPLEMENTATION SC HEDULE AND PLAN DESC RIBED UNDER 16
PARAGRAPH (1) OF THIS SUBSECTION M AY: 17
(I) INCLUDE IMPLEMENTATI ON ON A ROLLING BASI S THAT 18
STARTS BY PRIORITIZI NG A SUBSET OF THE D ATA COLLECTED UNDER § 15–502 OF 19
THIS SUBTITLE; OR 20
(II) PRIORITIZE DISCLOSUR E OF SPECIFIC INFORM ATION FROM 21
LARGER STATE’S ATTORNEY OFFICES . 22
(B) (1) ON OR BEFORE OCTOBER 1, 2023, AND IN ACCORDANCE WI TH THE 23
IMPLEMENTATION SCHED ULE AND PLAN DESCRIB ED IN SUBSECTION (A) OF THIS 24
SECTION, THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL BEGIN DI SCLOSING 25
DATA, STRIPPED OF ANY INDI VIDUALIZED OR IDENTI FYING PERSONAL 26
INFORMATION ABOUT AN Y PERSON ARRESTED OR PROSECUTED , TO THE 27
COMMISSION FOR THE IM MEDIATELY PRECEDING CALENDAR YEAR . 28
(2) ON OR BEFORE JANUARY 31, 2024, THE ADMINISTRATIVE OFFICE 29
OF THE COURTS SHALL COMPLETE THE REQUIRED DISCLOS URE OF DATA UNDER 30
THIS SUBSECTION . 31
15–503. 32 14 SENATE BILL 763
(C) (A) (1) ON OR BEFORE MAY 1, 2024 2025, AND EACH MAY 1 1
THEREAFTER , THE COMMISSION SHALL PUBL ISH ONLINE THE DATA COLLECTED 2
UNDER § 15–502 OF THIS SUBTITLE IN A MODERN, OPEN, ELECTRONIC FORMAT 3
THAT IS MACHINE –READABLE, MACHINE–SEARCHABLE , AND READILY ACCESSIB LE 4
TO THE PUBLIC ON THE COMMISSION’S WEBSITE. 5
(2) (B) DATA PUBLISHED IN ACC ORDANCE WITH THIS SU BSECTION 6
MAY NOT CONTAIN INDIVIDU ALIZED OR IDENTIFYIN G PERSONAL INFORMATI ON 7
ABOUT ANY PERSON ARR ESTED OR PROSECUTED . 8
(D) ON OR BEFORE SEPTEMBER 1, 2024, THE COMMISSION SHALL REPO RT 9
ON THE DATA RECEIVED FROM THE ADMINISTRATIVE OFFICE OF THE COURTS, 10
COMPARING AND CON TRASTING THE PRACTIC ES AND TRENDS AMONG 11
JURISDICTIONS. 12
(E) (1) THE COMMISSION SHALL , AT LEAST TWICE PER Y EAR, PUBLISH 13
ISSUE–SPECIFIC REPORTS THA T PROVIDE IN–DEPTH ANALYSIS OF ON E OR MORE 14
AREAS OF PROSECUTORI AL DECISION MAKING . 15
(2) AT LEAST ONE REPORT UNDER THIS SU BSECTION SHALL FOCUS 16
ON RACIAL DISPARITIE S. 17
15–506. 15–504. 18
(A) (1) IN ORDER TO COMPLY WI TH A REQUEST MADE UN DER THE 19
MARYLAND PUBLIC INFORMATION ACT, A STATE’S ATTORNEY MAY SATISFY A 20
REQUEST FOR INFORMAT ION GATHERED AS REQU IRED UNDE R THIS SUBTITLE BY 21
REFERRING THE REQUES TING PARTY TO THE COMMISSION WEBSITE CO NTAINING 22
THE DATA IF THE STATE’S ATTORNEY: 23
(I) IS IN COMPLIANCE WIT H THIS SUBTITLE; AND 24
(II) IN GOOD FAITH , REASONABLY BELIEVES THAT THE 25
REQUEST FOR INFORMAT ION CAN BE SATISFIED BY REFEREN CE TO THE DATA MADE 26
PUBLICLY AVAILABLE U NDER THIS SUBTITLE . 27
(2) IF AN INFORMATION REQ UEST IS ABLE TO BE S ATISFIED IN 28
ACCORDANCE WITH THIS SUBSECTION, THE STATE’S ATTORNEY MAY FULFILL THE 29
REQUEST WITHOUT AFFI RMATIVELY COLLECTING OR DISCLOSING THE PARTICU LAR 30
INFORMATION BEING RE QUESTED. 31
SENATE BILL 763 15
(B) THE REQUESTING PARTY MAY SEEK JUDICIAL RE VIEW IN ACCORDANCE 1
WITH § 4–362 OF THE GENERAL PROVISIONS ARTICLE FOR PURPOSES OF 2
COMPELLING DISCLOSUR E IF: 3
(1) THE REQUESTING PARTY DOES NOT BELIEVE TH AT THE REQUEST 4
CAN BE SATISFIED UND ER THIS SECTION; AND 5
(2) THE STATE’S ATTORNEY REFUSES TO D ISCLOSE THE 6
INFORMATION BEING RE QUESTED. 7
Article – Education 8
24–701. 9
(a) In this subtitle the following words have the meanings indicated. 10
(l) (1) “Student data” means data relating to or impacting student 11
performance. 12
(2) “Student data” includes: 13
(i) State and national assessments; 14
(ii) Course–taking and completion; 15
(iii) Grade point average; 16
(iv) Remediation; 17
(v) Retention; 18
(vi) Degree, diploma, or credential attainment; 19
(vii) Enrollment; 20
(viii) Demographic data; 21
(ix) Juvenile delinquency records; 22
(x) Elementary and secondary school disciplinary records; 23
(xi) Child welfare data; 24
(xii) License, industry certificate, or vocational certificate; and 25
(xiii) Personally identifiable information. 26 16 SENATE BILL 763
(3) “Student data” does not include[: 1
(i) Criminal and CINA records; and 2
(ii) Medical] MEDICAL and health records. 3
24–703. 4
(a) There is a Maryland Longitudinal Data System Center. 5
(f) The Center shall perform the following functions and duties: 6
(1) Serve as a central repository of student data and workforce data in the 7
Maryland Longitudinal Data System, including data sets provided by: 8
(i) The State Department of Education; 9
(ii) Local education agencies; 10
(iii) The Maryland Higher Education Commission; 11
(iv) Institutions of higher education; 12
(v) The Maryland Department of Labor; 13
(vi) The Department of Juvenile Services; and 14
(vii) The Social Services Administration within the Department of 15
Human Services; 16
6–201. 17
In this part, “Commission” means the State Commission on Criminal Sentencing 18
Policy. 19
6–209. 20
(a) The Commission shall review annually sentencing policy and practice and, on 21
or before January 31 of each year, report to the General Assembly, in accordance with § 22
2–1257 of the State Government Article, on the activities of the preceding calendar year. 23
(b) (1) The report shall: 24
(i) include any changes to the sentencing guidelines made during the 25
preceding year; 26
SENATE BILL 763 17
(ii) review judicial compliance with the sentencing guidelines, 1
including compliance by crime and by judicial circuit; 2
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION : 3
1. FOR SENTENCES INVOLV ING A CRIME OF VIOLE NCE, 4
INCLUDE INFORMATION DISAGGREGATED BY CIR CUIT ON: 5
A. THE NUMBER AND PERCE NTAGE OF SENTENCING 6
EVENTS IN EACH DISPO SITION CATEGORY , AS INDICATED ON THE SENTENCING 7
GUIDELINES WORKSHEET ; 8
B. THE NUMBER AND PERCE NTAGE OF SENTENCING 9
EVENTS THAT RESULTED IN A DEPARTURE FROM THE SENTENCING GUIDE LINES; 10
AND 11
C. FOR SENTENCING EVENT S THAT RESULTED IN A 12
DEPARTURE FROM THE S ENTENCING GUIDELINES , THE DEPARTURE REASONS CITED 13
AND THE NUMBER AND P ERCENTAGE OF EVENTS IN WHICH EACH REASON WAS CITED; 14
AND 15
2. FOR SENTENCING EVENT S INVOLVING A CRIME OF 16
VIOLENCE, REPORT DISAGGREGATED BY CIRCUIT AND CRIME ON: 17
A. THE AVERAGE TOTAL SE NTENCE; 18
B. THE AVERAGE NON SUSPENDED SENTENCE ; AND 19
C. FOR SENTENCES IN WHI CH A PORTION OF THE 20
SENTENCE WAS SUSPEND ED, THE AVERAGE PERCENTA GE OF THE TOTAL SENT ENCE 21
SUSPENDED; 22
[(iii)] (IV) review reductions or increases in original sentences that 23
have occurred because of reconsiderations of sentences imposed under § 14–101 of the 24
Criminal Law Article; and 25
[(iv)] (V) categorize information on the number of reconsiderations 26
of sentences by crimes as listed in § 14–101(a) of the Criminal Law Article and by judicial 27
circuit. 28
(2) The Commission shall consider a sentence to a corrections options 29
program to be within the sentencing guidelines if the sentence falls within a corrections 30
options zone shown on the matrix. 31
18 SENATE BILL 763
(3) THE COMMISSION SHALL CONS PICUOUSLY POST THE 1
INFORMATION REQUIRED TO B E INCLUDED IN THE RE PORT UNDER PARAGRAPH 2
(1)(III) OF THIS SUBSECTION I N A DATA DASHBOARD O N ITS PUBLIC WEBSITE . 3
Article – Education 4
24–701. 5
(a) In this subtitle the following words have the meanings indicated. 6
(l) (1) “Student data” means data relating to or impacting student 7
performance. 8
(2) “Student data” includes: 9
(i) State and national assessments; 10
(ii) Course–taking and completion; 11
(iii) Grade point average; 12
(iv) Remediation; 13
(v) Retention; 14
(vi) Degree, diploma, or credential attainment; 15
(vii) Enrollment; 16
(viii) Demographic data; 17
(ix) Juvenile delinquency records; 18
(x) Elementary and secondary school disciplinary records; 19
(xi) Child welfare data; 20
(xii) License, industry certificate, or vocational certificate; and 21
(xiii) Personally identifiable information. 22
(3) “Student data” does not include[: 23
(i) Criminal and CINA records; and 24
(ii) Medical] MEDICAL and health records. 25 SENATE BILL 763 19
24–703. 1
(a) There is a Maryland Longitudinal Data System Center. 2
(f) The Center shall perform the following functions and duties: 3
(1) Serve as a central repository of student data and workforce data in the 4
Maryland Longitudinal Data System, including data sets provided by: 5
(i) The State Department of Education; 6
(ii) Local education agencies; 7
(iii) The Maryland Higher Education Commission; 8
(iv) Institutions of higher education; 9
(v) The Maryland Department of Labor; 10
(vi) The Department of Juvenile Services; and 11
(vii) The Social Services Administration within the Department of 12
Human Services; 13
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 14
as follows: 15
Article – Public Safety 16
3–104. 17
(d) On completion of an investigation of a complaint [made by] OF POLICE 18
MISCONDUCT INVOLVING a member of the public [against] AND a police officer, 19
REGARDLESS OF WHETHE R THE COMPLAINT ORIG INATED FROM WITHIN T HE LAW 20
ENFORCEMENT AGENCY O R FROM AN EXTERNAL S OURCE, the law enforcement agency 21
shall forward to the appropriate administrative charging committee the investigatory files 22
for the matter. 23
3–105. 24
(a) The Maryland Police Training and Standards Commission shall develop and 25
adopt, by regulation, a model uniform disciplinary matrix for use by each law enforcement 26
agency in the State. 27
20 SENATE BILL 763
(b) Each law enforcement agency shall adopt the uniform State disciplinary 1
matrix FOR ALL MATTERS THAT MAY RESULT IN DISCIP LINE OF A POLICE OFF ICER. 2
(c) (1) Within 15 days after an administrative charging committee issues an 3
administrative charge against a police officer, the chief of the law enforcement agency shall 4
offer discipline to the police officer who has been administratively charged in accordance 5
with the disciplinary matrix. 6
(2) The chief may offer the same discipline that was recommended by the 7
administrative charging committee or a higher degree of discipline within the applicable 8
range of the disciplinary matrix, but may not deviate below the discipline recommended by 9
the administrative charging committee. 10
(3) If the police officer accepts the chief’s offer of discipline, then the offered 11
discipline shall be imposed. 12
(4) If the police officer does not accept the chief’s offer of discipline, then the 13
matter shall be referred to a trial board. 14
(5) At least 30 days before a trial board proceeding begins, the police officer 15
shall be: 16
(i) provided a copy of the investigatory record; 17
(ii) notified of the charges against the police officer; and 18
(iii) notified of the disciplinary action being recommended. 19
3–106. 20
(a) (1) Except as provided in paragraph (2) of this subsection, each law 21
enforcement agency shall establish a trial board process in accordance with this section to 22
adjudicate ALL matters for which a police officer is subject to discipline. 23
(2) A small law enforcement agency may use the trial board process of 24
another law enforcement agency by mutual agreement. 25
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 26
SUBSECTION, A trial board shall be composed of: 27
[(1)] (I) an actively serving or retired administrative law judge or a 28
retired judge of the District Court or a circuit court, appointed by the chief executive officer 29
of the county; 30
[(2)] (II) a civilian who is not a member of an administrative charging 31
committee, appointed by the county’s police accountability board; and 32 SENATE BILL 763 21
[(3)] (III) a police officer of equal rank to the police officer who is accused of 1
misconduct appointed by the head of the law enforcement agency. 2
(2) (I) THIS PARAGRAPH MAY NO T BE CONSTRUED TO AP PLY TO 3
THE BALTIMORE POLICE DEPARTMENT . 4
(II) A TRIAL BOARD FOR A ST ATEWIDE OR BI –COUNTY LAW 5
ENFORCEMENT AGENCY S HALL BE COMPOSED OF : 6
1. AN ACTIVELY SERVING OR RETIRED ADMINISTR ATIVE 7
LAW JUDGE APPOINTED BY THE CHIEF ADMINISTRATIVE LAW JUDGE OF THE 8
MARYLAND OFFICE OF ADMINISTRATIVE HEARINGS; 9
2. A CIVILIAN WHO IS NO T A MEMBER OF AN 10
ADMINISTRATIVE CHARG ING COMMITTEE OR THE MARYLAND POLICE TRAINING 11
AND STANDARDS COMMISSION, APPOINTED BY THE POL ICE ACCOUNTABILITY 12
BOARD FOR THE COUNTY WHERE THE ALLEGED MI SCONDUCT OCCUR RED; AND 13
3. A POLICE OFFICER OF EQUAL RANK TO THE PO LICE 14
OFFICER WHO IS ACCUS ED OF MISCONDUCT APP OINTED BY THE HEAD O F THE LAW 15
ENFORCEMENT AGENCY . 16
(c) THE ACTIVELY SERVING OR RETIRED ADMINISTR ATIVE LAW JUDGE OR 17
THE RETIRED JUDGE OF THE DISTRICT COURT OR A CIRCUIT COURT SHALL: 18
(1) BE THE CHAIR OF THE TRIAL BOARD; 19
(2) BE RESPONSIBLE FOR R ULING ON ALL MOTIONS BEFORE THE 20
TRIAL BOARD; AND 21
(3) PREPARE THE WRITTEN DECISION OF THE TRIA L BOARD, 22
INCLUDING THE FINDIN GS, CONCLUSIONS , AND RECOMMENDATIONS OF THE TRIAL 23
BOARD. 24
(D) Before serving as a member of a trial board, an individual shall receive 25
training on matters relating to police procedures from the Maryland Police Training and 26
Standards Commission. 27
[(d)] (E) Proceedings of a trial board shall be open to the public, except to protect: 28
(1) a victim’s identity; 29
(2) the personal privacy of an individual; 30
22 SENATE BILL 763
(3) a child witness; 1
(4) medical records; 2
(5) the identity of a confidential source; 3
(6) an investigative technique or procedure; or 4
(7) the life or physical safety of an individual. 5
[(e)] (F) A trial board may administer oaths and issue subpoenas as necessary to 6
complete its work. 7
[(f)] (G) A complainant has the right to be notified of a trial board hearing and, 8
except as provided in subsection [(d)] (E) of this section, the right to attend a trial board 9
hearing. 10
[(g)] (H) Except as otherwise provided in this subtitle, a law enforcement agency 11
has the burden of proof by a preponderance of the evidence in any proceeding under this 12
subtitle. 13
[(h)] (I) A police officer may be disciplined only for cause. 14
(J) WITHIN 45 DAYS AFTER THE FINAL HEARING BY A TRIAL B OARD, THE 15
TRIAL BOARD SHALL IS SUE A WRITTEN DECISION R EFLECTING THE FINDIN GS, 16
CONCLUSIONS , AND RECOMMENDATIONS OF A MAJORITY OF THE TRIAL BOARD. 17
[(i)] (K) (1) Within 30 days after the date of issuance of a decision of a trial 18
board, the decision may be appealed by the [employee] POLICE OFFICER : 19
(i) if the trial board is from a local law enforcement agency, to the 20
circuit court of the county in which the law enforcement agency is located; [and] 21
(ii) IF THE TRIAL BOARD I S FROM A BI –COUNTY LAW 22
ENFORCEMENT AGENCY , TO A CIRCUIT COURT IN A COUNTY IN WHICH THE INCIDEN T 23
THAT GAVE RISE TO TH E DISCIPLINARY PROCE EDING OCCURRED ; AND 24
(III) if the trial board is from a statewide [or bi–county] law 25
enforcement agency, to the Circuit Court for Anne Arundel County. 26
(2) An appeal taken under this subsection shall be on the record. 27
[(j)] (L) A trial board decision [that is not appealed] is final UNLESS APPEALED 28
BY A POLICE OFFICER UNDER SUBSECTION (K) OF THIS SECTION . 29
SENATE BILL 763 23
3–111. 1
(A) A law enforcement agency may not negate or alter any of the requirements of 2
this subtitle through collective bargaining. 3
(B) COLLECTIVE BARGAINING MAY NOT BE USED TO E STABLISH OR ALTER 4
ANY ASPECT OF THE PR OCESS FOR DISCIPLINI NG A POLICE OFFICER . 5
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
as follows: 7
Article – Public Safety 8
3–527. 9
(a) (1) In this section the following words have the meanings indicated. 10
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 11
(3) “Police officer” has the meaning stated in § 3–201 of this title. 12
(b) A law enforcement agency shall notify the Independent [Investigative Unit] 13
INVESTIGATIONS DIVISION within the Office of the Attorney General of any [alleged or 14
potential police–involved death of a civilian] POLICE–INVOLVED INCIDENT TH AT 15
RESULTS IN THE DEATH OF A CIVILIAN OR INJ URIES THAT ARE LIKEL Y TO RESULT IN 16
THE DEATH OF A CIVIL IAN as soon as the law enforcement agency becomes aware of the 17
incident. 18
(c) (1) A law enforcement agency shall cooperate with AND MAY NOT IMPEDE 19
the Independent [Investigative Unit] INVESTIGATIONS DIVISION in connection with the 20
investigation AND PROSECUTION of a police–involved death of a civilian. 21
(2) ON REQUEST OF THE ATTORNEY GENERAL OR THE ATTORNEY 22
GENERAL’S DESIGNEE, A LOCAL LAW ENFORCEM ENT AGENCY SHALL PRO VIDE ANY 23
REQUESTED EVIDENCE T O THE INDEPENDENT INVESTIGATIONS DIVISION. 24
(D) (1) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S 25
DESIGNEE MAY SEEK TE MPORARY OR PERMANENT INJUNCTIVE RELIEF IN A COURT 26
OF COMPETENT JURISDI CTION IN ORDER TO FA CILITATE AN INVESTIG ATION OR TO 27
PREVENT INTERFERENCE WITH AN INVESTIGATIO N. 28
(2) IN A REQUEST FOR INJU NCTIVE RELIEF BROUGH T UNDER THIS 29
SUBSECTION, THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 30
IS NOT REQUIRED TO : 31
24 SENATE BILL 763
(I) POST BOND; 1
(II) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW 2
DOES NOT EXIST; OR 3
(III) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE 4
DAMAGE WOULD RESULT FROM ANY CONDUCT ALL EGED. 5
Article – State Government 6
SUBTITLE 6. INDEPENDENT INVESTIGATIONS DIVISION. 7
6–601. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “DIVISION” MEANS THE INDEPENDENT INVESTIGATIONS DIVISION IN 11
THE OFFICE OF THE ATTORNEY GENERAL. 12
(C) “POLICE OFFICER” HAS THE MEANING STAT ED IN § 3–201 OF THE 13
PUBLIC SAFETY ARTICLE. 14
[6–106.2.] 6–602. 15
(a) [In this section, “police officer” has the meaning stated in § 3–201 of the Public 16
Safety Article. 17
(b)] There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 18
within the Office of the Attorney General. 19
(B) (1) THE DIVISION IS THE PRIMA RY INVESTIGATIVE UNI T FOR 20
POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF CIVILIANS OR 21
INJURIES LIKELY TO R ESULT IN DEATH. 22
(2) THE OFFICE OF TH E ATTORNEY GENERAL SHALL DETERMI NE 23
WHETHER AN INCIDENT IS POLICE–INVOLVED AND WHETHER AN INJURY IS LIKELY 24
TO RESULT IN DEATH . 25
(c) [(1)] The [Independent Investigative Unit] DIVISION: 26
(1) shall investigate all [alleged or potential police–involved deaths of 27
civilians.] POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF A CIVILIAN 28
OR INJURIES THAT ARE LIKELY TO RESULT IN THE DEATH OF A CIVIL IAN; AND 29
SENATE BILL 763 25
(2) [The Independent Investigative Unit] may investigate any other crimes 1
related to police misconduct that are discovered during an investigation under [paragraph] 2
ITEM (1) of this subsection. 3
(d) In conducting an investigation under subsection (c) of this section, the 4
[Independent Investigative Unit] DIVISION may act with the full powers, rights, privileges, 5
and duties of a State’s Attorney, including the use of a grand jury in any county. 6
(e) (1) Within 15 days after completing an investigation required under 7
subsection (c) of this section, the [Independent Investigative Unit] DIVISION shall transmit 8
a report containing detailed investigative findings to the State’s Attorney of the county that 9
has jurisdiction to prosecute the matter. 10
(2) Except as otherwise provided by law, the report under this subsection 11
shall remain confidential through adjudication of any associated criminal case at the trial 12
court level. 13
(f) To investigate and assist with the investigation of alleged criminal offenses 14
committed by police officers, the [Independent Investigative Unit] DIVISION may: 15
(1) detail one or more police officers employed by the Department of State 16
Police; and 17
(2) employ other civilian personnel as needed. 18
[(g) (1) The Governor annually shall include funding in the State budget 19
sufficient to provide for the full and proper operation of the Independent Investigative Unit. 20
(2) Funds provided in accordance with this subsection shall supplement 21
and may not supplant any other funding provided to the Independent Investigative Unit.] 22
6–603. 23
(A) (1) FOR THE LIMITED PURPO SE OF FURTHERING AN ONGOIN G 24
CRIMINAL INVESTIGATI ON, THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY 25
GENERAL OR AN ASSISTA NT ATTORNEY GENERAL DESIGNATED IN WRITING BY THE 26
ATTORNEY GENERAL MAY ISSUE IN ANY COURT IN THE STATE A SUBPOENA TO A 27
PERSON TO PRODUCE TE LEPHONE, BUSINESS, GOVERNMENT , OR CORPORATE 28
RECORDS OR DOCUMENTS . 29
(2) A SUBPOENA ISSUED UNDE R THIS SUBSECTION MA Y BE SERVED IN 30
THE SAME MANNER AS A SUBPOENA ISSUED BY A CIRCUIT COURT . 31
26 SENATE BILL 763
(B) (1) A PERSON MAY HAVE AN A TTORNEY PRESENT DURI NG ANY 1
CONTACT MADE UNDER SUBSECTION (A) OF THIS SECTION WITH THE ATTORNEY 2
GENERAL OR AN AGENT O F THE ATTORNEY GENERAL. 3
(2) THE ATTORNEY GENERAL SHALL ADVISE A PERSON OF THE RIGH T 4
TO COUNSEL WHEN THE SUBPOENA IS SERVED . 5
(C) (1) (I) IF A PERSON FAILS TO OBEY A LAWFULLY SERV ED 6
SUBPOENA UNDER SUBSE CTION (A) OF THIS SECTION , THE ATTORNEY GENERAL 7
MAY REPORT THE FAILU RE TO OBEY THE SUBPO ENA TO THE CIRCUIT C OURT WITH 8
JURISDICTION OVER TH E MATTER. 9
(II) THE ATTORNEY GENERAL SHALL PROVIDE A COPY OF THE 10
SUBPOENA AND PROOF O F SERVICE TO THE CIRCUIT COURT . 11
(2) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON THAT 12
ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA ISSUED UNDER SUBS ECTION (A) 13
OF THIS SECTION HAS HAD AN OPPORTUNITY T O BE HEARD AND BE RE PRESENTED 14
BY COUNSEL, THE COURT MAY GRANT APPROPRIATE RELIEF . 15
(D) THIS SECTION DOES NOT ALLOW THE CONTRAVENT ION, DENIAL, OR 16
ABROGATION OF A PRIV ILEGE OR RIGHT RECOG NIZED BY LAW. 17
SECTION 2. 4. AND BE IT FURTHER ENACTED, That: 18
(a) There is a Task Force to Study Criminal Justice Data Transparency 19
Transparency Standards for State’s Attorneys. 20
(b) The Task Force consists of the following members: 21
(1) two members of the Senate of Maryland and two members of the 22
community, appointed by the President of the Senate; 23
(2) two members of the House of Delegates and two members of the 24
community, appointed by the Speaker of the House; 25
(3) the President of the Maryland State’s Attorneys’ Association, or the 26
President’s designee; 27
(4) the Executive Director of the Maryland State Commission on Criminal 28
Sentencing Policy, or the Executive Director’s designee; 29
(5) one representative of the Administrative Office of the Courts, appointed 30
by the Governor Chief Judge of the Court of Appeals; and 31
SENATE BILL 763 27
(6) one representative of the Vera Institute of Justice, appointed by the 1
Governor; 2
(7) the Chair of the Attorney Grievance Commission, or the Chair’s designee; 3
and 4
(8) one representative of a crime victims’ advocacy group, appointed by the 5
Governor. 6
(c) The President of the Senate and the Speaker of the House shall each designate 7
one co–chair of the Task Force. 8
(d) The Maryland State Commission on Criminal Sentencing Policy Department 9
of Legislative Services shall provide staff for the Task Force. 10
(e) A member of the Task Force: 11
(1) may not receive compensation as a member of the Task Force; but 12
(2) is entitled to reimbursement for expenses under the Standard State 13
Travel Regulations, as provided in the State budget. 14
(f) (1) The Task Force shall: 15
(1) study the possibility of expanding the data collection and disclosure 16
requirements established under Section 1 of this Act to include cases of the District Court; 17
and establishing minimum transparency standards for State’s Attorneys. 18
(2) make recommendations on potential statutory changes necessary to 19
expand data collection and reporting In conducting its study, the Task Force shall: 20
(i) develop processes by which prosecutors can collect information 21
and determine what information should be made public and what information may be kept 22
private; and 23
(ii) examine any existing policies of State’s Attorneys’ offices across 24
the State relating to the transparency of data, the charging of crimes, and sentencing. 25
(g) On or before December 31, 2023, the Task Force shall report its findings and 26
recommendations to the Senate Judicial Proceedings Committee and the House Judiciary 27
Committee in accordance with § 2–1257 of the State Government Article. 28
SECTION 2. 3. 5. AND BE IT FURTHER ENACTED, That , if any provision of this 29
Act or the application thereof to any person or circumstance is held invalid for any reason 30
in a court of competent jurisdiction, the invalidity does not affect other provisions or any 31
other application of this Act that can be given effect without the invalid provision or 32
application, and for this purpose the provisions of this Act are declared severable. 33 28 SENATE BILL 763
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2022. Section 2 of this Act shall remain effective for a period of 1 year and 9 2
months and, at the end of June 30, 2024, Section 2 of this Act, with no further action 3
required by the General Assembly, shall be abrogated and of no further force and effect. 4
SECTION 6. AND BE IT FURTHER ENACTED, T hat Section 1 of this Act shall take 5
effect October 1, 2022. It shall remain effective for a period of 3 years and, at the end of 6
September 30, 2025, Section 1 of this Act, with no further action required by the General 7
Assembly, shall be abrogated and of no further force and effect. 8
SECTION 7. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 9
effect July 1, 2022, the effective date of Section 3 of Chapter 59 of the Acts of the General 10
Assembly of 2021. If the effective date of Section 3 of Chapter 59 is amended, Section 2 of 11
this Act shall take effect on the taking effect of Section 3 of Chapter 59. 12
SECTION 8. AND BE IT FURTHER ENACTED, That, except as provided in Sections 13
6 and 7 of this Act, this Act shall take effect July 1, 2022. Section 4 of this Act shall remain 14
effective for a period of 2 years and, at the end of June 30, 2024, Section 4 of this Act, with 15
no further action required by the General Assembly, shall be abrogated and of no further 16
force and effect. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.