LAWRENCE J. HOGAN, JR., Governor Ch. 141
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Chapter 141
(Senate Bill 763)
AN ACT concerning
Collection Public Safety and Criminal Procedure – Collection, Reporting, and
Publication of Criminal Case and Prosecutorial Information
(Maryland Criminal Justice Data Transparency Act)
Public Safety and Criminal Justice – Transparency and Accountability
FOR the purpose of requiring the Division of Parole and Probation to report certain
information annually to the General Assembly; establishing requirements for the
collection and dissemination of certain information relating to the Office of the
State’s Attorney in each county and Baltimore City, coordinated in a certain manner
by the Administrative Office of the Courts and the State Commission on Criminal
Sentencing Policy; altering the definition of student data to allow certain records to
be shared with the Maryland Longitudinal Data System Center; establishing the
Task Force to Study Criminal Justice Data Transparency; and generally relating to
the Office of the State’s Attorney and the collection and publication of information
transparency of criminal justice data requiring a certain annual report by the State
Commission on Criminal Sentencing Policy to identify certain information for crimes
of violence; requiring the Commission to include certain information in a data
dashboard on its public website; altering the definition of student data to allow
certain records to be shared with the Maryland Longitudinal Data System Center;
specifying that a certain disciplinary matrix applies to all complaints of police
misconduct; specifying that the purpose of a certain trial board process is to
adjudicate all internal and external matters for which a police officer is subject to
discipline; establishing the composition of a trial board for a statewide or bi–county
law enforcement agency; prohibiting the use of collective bargaining to establish or
alter a process for investigation and disposition of certain complaints; altering the
process for appealing certain disciplinary matters; renaming the Independent
Investigative Unit in the Office of the Attorney General to be the Independent
Investigations Division; authorizing the Attorney General or certain individuals
designated by the Attorney General to seek certain injunctive relief or issue a certain
subpoena under certain circumstances; establishing the Task Force to Study
Transparency Standards for State’s Attorneys; and generally relating to transparency
and accountability in public safety and criminal justice.
BY adding to
Article – Correctional Services
Section 6–122
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY adding to
Article – Criminal Procedure Ch. 141 2022 LAWS OF MARYLAND
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Section 15–501 through 15–506 15–504 to be under the new subtitle “Subtitle 5.
State’s Attorney’s Criminal Case and Prosecutorial Data Collection”
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Education
Section 24–701(a) and 24–703(a) and (f)(1)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 24–701(l)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Criminal Procedure
Section 6–201
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 6–209
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Education
Section 24–701(a) and 24–703(a) and (f)(1)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 24–701(l)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 3–104(d), 3–105, 3–106, and 3–111
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement) LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(As enacted by Section 3 of Chapter 59 of the Acts of the General Assembly of 2021)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 3–527
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 6–106.2 to be under the new subtitle “Subtitle 6. Independent Investigations
Division”
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – State Government
Section 6–601 and 6–603
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Correctional Services
6–122.
ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 THEREAFTER ,
THE DIVISION SHALL REPORT, IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, TO THE SENATE JUDICIAL PROCEEDINGS COMMITTEE
AND THE HOUSE JUDICIARY COMMITTEE ON :
(1) MEASURES IT WILL TAK E TO IMPROVE OVERSIG HT OF OFFENDERS
UNDER THE SUPERVISIO N OF THE DIVISION WHO ARE INVOLVED IN HOMI CIDES; AND
(2) THE NUMBER OF OFFEND ERS SUPERVISED BY TH E DIVISION THAT
WERE SHOOTING VICTIM S, HOMICIDE VICTIMS , OR CHARGED WITH HOMI CIDE,
NONFATAL SHOOTING , RAPE, POLICE–INVOLVED SHOOTING , OR ANY CRIME
INVOLVING THE OFFEND ER’S USE OF A FIREARM.
Article – Criminal Procedure
SUBTITLE 5. STATE’S ATTORNEY’S CRIMINAL CASE AND PROSECUTORIAL DATA
COLLECTION. Ch. 141 2022 LAWS OF MARYLAND
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15–501.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “CASE NUMBER ” MEANS THE UNIQUE NUM BER ASSIGNED TO A
CRIMINAL CASE ASSOCI ATED WITH A PARTICUL AR CRIMINAL CHARGE .
(C) “CHARGE” MEANS AN ACCUSATION OF A CRIME BY A STATE’S ATTORNEY
INITIATED BY A TICKE T, A COMPLAINT , OR ANY OTHER CHARGIN G DOCUMENT A
GUIDELINES–ELIGIBLE CONVICTION CAPTURED BY TH E AUTOMATED GUIDELINES
SYSTEM.
(D) “CHARGE DESCRIPTION ” MEANS:
(1) THE NAME OF THE CHAR GE AS PROVIDED BY LA W;
(2) A STATEMENT OF THE C RIMINAL PROVISION TH AT IS ALLEGED TO
HAVE BEEN VIOLATED ;
(3) THE ASSOCIATED STATU TORY SECTION ESTABLI SHING THE
ALLEGED CONDUCT AS C RIMINAL; AND
(4) THE CLASSIFICATION O F THE CRIME.
(E) “CHARGE IDENTIFICATION ” MEANS THE UNIQUE IDE NTIFICATION
NUMBER ASSIGNED TO T HE CHARGE.
(F) (D) “CHARGE MODIFIER MODIFICATION ” MEANS AN AGGRAVATING
OR MITIGATING CIRCUMSTANCE OF AN A LLEGED CHARGE THAT E NHANCES,
REDUCES, OR RECLASSIFIES THE ALL EGED CHARGE TO A DIF FERENT
CLASSIFICATION GRADE OR LEVEL THE ENHANCEMENT , REDUCTION, OR
RECLASSIFICATION OF A CHARGE TO A DIFFER ENT CLASSIFICATION G RADE OR
LEVEL DUE TO AGGRAV ATING OR MITIGATING CIRCUMSTANCES .
(G) (E) (C) “COMMISSION” MEANS THE STATE COMMISSION ON CRIMINAL
SENTENCING POLICY.
(H) “DISPOSITION” MEANS THE CONCLUSION OF THE PROSECUTION O F A
CHARGE, INCLUDING:
(1) NOLLE PROSEQUI ;
LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(2) DIVERSION;
(3) DISMISSAL;
(4) DISMISSAL AS PART OF A PLEA BARGAIN ;
(5) CONVICTION AS PART O F A PLEA BARGAIN ;
(6) CONVICTION AT TRIAL ; AND
(7) ACQUITTAL.
(I) “INITIATION” MEANS THE CREATION O R INSTITUTION OF A C HARGE
AGAINST A CRIMINAL D EFENDANT, WHETHER BY POLICE, PROSECUTORS , GRAND
JURY, OR OTHER ENTITY .
(J) (1) “POLICY” MEANS FORMAL , WRITTEN GUIDANCE FOR EMPLOYEES
OF A STATE’S ATTORNEY.
(2) “POLICY” INCLUDES:
(I) A PROCEDURE ;
(II) A GUIDELINE;
(III) A MANUAL;
(IV) TRAINING MATERIAL ;
(V) A DIRECTION;
(VI) AN INSTRUCTION ; OR
(VII) ANY OTHER PIECE OF I NFORMATION .
(3) “POLICY” DOES NOT INCLUDE :
(I) ATTORNEY WORK PRODUC T; OR
(II) INFORMATIONAL LEGAL OR PROCEDURAL ADVICE OR
GUIDANCE OFFERED AMO NG ATTORNEYS WITHIN AN OFFICE OF A STATE’S
ATTORNEY.
Ch. 141 2022 LAWS OF MARYLAND
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(K) (F) (D) “STATE’S ATTORNEY” MEANS THE OFFICE OF THE STATE’S
ATTORNEY IN EACH COUN TY IN THE STATE AND BALTIMORE CITY.
(L) “UNIQUE IDENTIFIER ” MEANS A RANDOMLY GEN ERATED NUMBER THAT
IS ASSIGNED IN PLACE OF A DEFENDANT ’S NAME.
15–502.
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, AND IN
ACCORDANCE WITH § 15–505 15–503 OF THIS SUBTITLE AND OTHER LOCAL AND
STATE LAW, THE ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION, WITH
THE COOPERATION OF E ACH STATE’S ATTORNEY, SHALL COLLECT AND DI SCLOSE
THE FOLLOWING INFORM ATION FOR EACH CASE PROSECUTED IN THE CIRCUIT
COURT:
(1) THE CASE NUMBER ;
(2) THE INDICTMENT NUMBE R;
(3) THE DOCKET NUMBER ;
(4) THE UNIQUE IDENTIFIE R;
(5) (2) THE DEFENDANT ’S:
(I) RACE; AND
(II) GENDER; AND
(III) DISABILITY STATUS , IF ANY, AND THE SOURCE OF TH E
DISABILITY STATUS ;
(6) THE INCIDENT DATE ;
(7) (3) THE ARREST DATE DATE OF THE OFFENSE ;
(8) THE DISTRICT OR NEIG HBORHOOD OF ARREST ;
(9) THE PRIMARY ARRESTIN G AGENCY;
(10) OTHER AGENCIES INVOL VED IN THE ARREST , IF ANY;
(11) THE CHARGES LISTED O N THE ARRESTING AGEN CY’S
PAPERWORK ; LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(12) IF APPLICABLE, THE REASON THE STATE’S ATTORNEY DECLINED
TO PROSECUTE THE ARR EST;
(13) (4) THE CHARGES BROUGHT BY THE STATE’S ATTORNEY;
ATTORNEY THAT RESULT ED IN CONVICTIONS ;
(14) THE PROSECUTOR WHO B ROUGHT THE CHARGE ;
(15) (5) WHETHER THE DEFENDAN T WAS DETERMINED ELI GIBLE
FOR COURT–APPOINTED COUNSEL , AND THE PROCEEDING W HERE THE
DETERMINATION WAS MADE REPRESENTED BY PRIVATE COUNSEL , A PUBLIC
DEFENDER, OR COURT–APPOINTED COUNSEL OR PROCEEDED PRO SE ;
(16) THE ARRAIGNMENT DATE ;
(17) THE CHARGE MODIFICAT ION DATE;
(18) (6) WHETHER DIVERSION WA S, PROBLEM–SOLVING COURT , OR
AN ALTERNATIVE SENTE NCING PROGRAM WERE OFFERED AND, IF SO:
(I) THE DATE DIVERSION W AS OFFERED;
(II) IF STATED ON THE REC ORD, THE JUDICIAL POSITIO N ON
DIVERSION; AND
(III) THE DIVERSION TERMS , INCLUDING HOW MUCH T HE
DEFENDANT MUST PAY ;
(19) (7) WHETHER THE ANY CHARGE THAT RESULTED IN A
CONVICTION CARRIES A MANDATORY MINIMUM SENTENCE ;
(20) THE PROSECUTOR ’S RECOMMENDATION ON BAIL OR BOND ,
INCLUDING RELEASE CO NDITIONS;
(21) WHETHER BAIL OR BOND WAS IMPOSED ON THE D EFENDANT;
(22) WHETHER BOND WAS SEC URED, UNSECURED , OR OTHER TYPE;
(23) THE DATE BAIL OR BON D WAS IMPOSED ;
(24) IF ORDERED, RELEASE CONDITIONS ;
(25) THE DATE RANGE OF AN Y PRETRIAL DETENTION ; Ch. 141 2022 LAWS OF MARYLAND
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(26) INFORMATION ON WHETH ER A RISK ASSESSMENT OR OTHER
ALGORITHM –BASED OR QUANTITATIV E TOOL WAS USED IN D ETERMINING WHETHER
PRETRIAL DETENTION W AS ORDERED OR THE AM OUNT OF BAIL OR BOND AND, IF
USED:
(I) THE NAME OF THE OFFI CE OR AGENCY THAT CO NDUCTED
THE RISK ASSESSMENT ; AND
(II) THE NAME OF ANY OFFI CE, AGENCY, INDIVIDUAL, OR
ATTORNEY THAT RECEIV ED THE RISK ASSESSMENT RESULTS ;
(27) INFORMATION ON WHETH ER A STATUTORY OR CO NSTITUTIONAL
RIGHT OF THE DEFENDA NT WAS WAIVED , EITHER BY STIPULATIO N OR ON THE
RECORD, INCLUDING:
(I) THE DATE OF THE WAIV ER;
(II) THE RIGHT WAIVED ; AND
(III) WHETHER THE RIGH T WAS WAIVED AS A CO NDITION OF A
PLEA BARGAIN ;
(28) WHETHER A PLEA WAS O FFERED;
(29) WHETHER A TIME LIMIT WAS PROVIDED WITH A PLEA OFFER;
(30) ALL TERMS OF ALL PLE AS OFFERED, INCLUDING:
(I) THE CHARGES DISMISSE D;
(II) THE SENTENCE RANGES FOR THE CHARGES DISM ISSED;
(III) THE CHARGES IN THE P LEA;
(IV) THE SENTENCE RANGES FOR THE CHARGES IN T HE PLEA;
(V) ANY CHARGES COVERED BY THE PLEA BUT NOT PART OF
THE CONVICTION ; AND
(VI) THE PENALTIES OR SEN TENCE OFFERED FOR TA KING THE
PLEA;
(31) WHETHER THE PLEA WAS ACCEPTED OR REJECTED ; LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(32) WHETHER DISCOVERY WA S OFFERED TO THE DEF ENDANT BEFORE
THE PLEA;
(33) THE DATE DISCOVERY W AS DISCLOSED TO THE DEFENSE OR
DEFENDANT ;
(34) THE PRESIDING JUDGE AT THE PRETRIAL STAG E;
(35) (8) THE DISPOSITION , INCLUDING:; AND
(I) THE CASE OR CHARGES DISMISSED BY THE STATE’S
ATTORNEY, IF ANY;
(II) IF DISMISSED, THE REASON FOR DISMI SSAL;
(III) IF CONVICTED, WHETHER BY PLEA , JURY TRIAL, OR BENCH
TRIAL; AND
(IV) IF THE CASE WAS DISMISSED BY A JUDGE , THE REASON FOR
DISMISSAL;
(36) THE PRESIDING JUDGE AT THE DISPOSITION ;
(37) THE DISPOSITION DATE ;
(38) THE SENTENCE TYPE ;
(39) (9) THE SENTENCE LENGTH ;
(40) THE PRESIDING JUDGE AT SENTENCING ;
(41) SUPERVISION TERMS ;
(42) SERVICES REQUIRED OR PROVIDED, IF ANY;
(43) FINES, FEES, OR SURCHARGES REQUIR ED, IF ANY; AND
(44) FORFEITURE OF PROPER TY REQUIRED, IF ANY.
(B) INFORMATION DISCLOSED UNDER SUBSECTION (A) OF THIS SECTION
MAY NOT INCLUDE ANY IDENTIFIABLE INF ORMATION RELATING TO A WITNESS.
Ch. 141 2022 LAWS OF MARYLAND
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(C) EACH STATE’S ATTORNEY SHALL COOPER ATE WITH THE
ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION TO PROVIDE ANY DATA
NECESSARY TO MEET TH E REQUIREMENTS OF SU BSECTION (A) OF THIS SECTION.
(D) THE ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION SHALL
RECORD AND MAINTAIN THE INFORMATION COLL ECTED IN ACCORDANCE WITH THIS
SECTION FOR AT LEAST 10 YEARS.
15–503.
(A) EACH STATE’S ATTORNEY SHALL COLLEC T AND PUBLISH ON THE
WEBSITE FOR EACH OFF ICE IN ACCORDANCE WI TH § 15–504 OF THIS SUBTITLE:
(1) ALL OFFICE POLICIES RELATED TO:
(I) CHARGING AND CHARGE DISMISSAL;
(II) BAIL;
(III) SENTENCING;
(IV) PLEA BARGAINS ;
(V) GRAND JURY PRACTICES ;
(VI) DISCOVERY PRACTICES;
(VII) WITNESS TREATMENT , INCLUDING WHEN AND H OW TO
PROCURE A MATERIAL W ITNESS WARRANT ;
(VIII) HOW A DECISION IS MA DE TO PROSECUTE A MI NOR AS AN
ADULT;
(IX) HOW FINES AND FEES A RE ASSESSED;
(X) CRIMINAL AND CIVIL F ORFEITURE PRACTICES;
(XI) MENTAL HEALTH SCREEN ING AND COLLECTION O F MENTAL
HEALTH HISTORY ;
(XII) SUBSTANCE ABUSE SCRE ENING AND COLLECTION OF
SUBSTANCE ABUSE HIST ORY;
(XIII) DOMESTIC VIOLENCE SU RVIVORS; LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(XIV) DIVERSION PRACTICES AND POLICIES;
(XV) HUMAN RESOURCES , INCLUDING:
1. HIRING;
2. EVALUATING;
3. PROMOTING ; AND
4. ROTATION AMONG DIVIS IONS OR UNITS;
(XVI) INTERNAL DISCIPLINE POLICIES AND PROCEDU RES;
(XVII) VICTIM SERVICES ;
(XVIII) RESTORATIVE JUSTICE PROGRAMS;
(XIX) A LISTING OF OFFICE TRAININGS IN THE IMM EDIATELY
PRECEDING CALENDAR Y EAR;
(XX) PRACTICES INVOLVING TRACKING AND RESPOND ING TO AN
INMATE APPLICATION F OR PAROLE AND RESENT ENCING; AND
(XXI) POLICIES SPECIFIC TO VULNERABLE POPULATIO NS; AND
(2) THE NUMBER OF :
(I) ATTORNEYS ON STAFF ;
(II) CASES HANDLED EACH Y EAR FOR EACH ATTORNE Y;
(III) ATTORNEYS WHO WORKED IN THE OFFICE IN A T EMPORARY
OR CONTRACTUAL CAPAC ITY DURING THE IMMED IATELY PRECEDING CAL ENDAR
YEAR;
(IV) PARALEGALS AND ADMINISTRATIVE STAFF EMPLOYED BY
THE OFFICE;
(V) INVESTIGATORS UTILIZ ED DURING THE IMMEDI ATELY
PRECEDING CALENDAR Y EAR;
Ch. 141 2022 LAWS OF MARYLAND
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(VI) EXPERTS UTILIZED DUR ING THE IMMEDIATELY PRECEDING
CALENDAR YEAR WHETHE R ON STAFF OR OTHERW ISE EMPLOYED ; AND
(VII) POLICE OR DETECTIVES WHO WORK DIRECTLY FO R THE
OFFICE.
(B) IF A STATE’S ATTORNEY DOES NOT MAI NTAIN A POLICY RELAT ED TO
THE TOPICS DESCRIBED IN SUBSECTION (A)(1) OF THIS SECTION , THE STATE’S
ATTORNEY SHALL AFFIRM ATIVELY DISCLOSE THA T FACT.
15–504.
(A) BEGINNING APRIL 1, 2023, EACH STATE’S ATTORNEY SHALL MAKE
PUBLICLY AVAILABLE A LL THE INFORMATION D ESCRIBED IN § 15–503 OF THIS
SUBTITLE BY:
(1) PUBLISHING THE INFOR MATION ON THE STATE’S ATTORNEY’S
WEBSITE; AND
(2) PROVIDING THE INFORM ATION TO ANY PERSON WHO REQUESTS
THE INFORMATION DIRE CTLY FROM THE STATE’S ATTORNEY.
(B) THE STATE’S ATTORNEY SHALL INCLUD E IN THE INFORMATION
COLLECTED UNDER § 15–503 OF THIS SUBTITLE:
(1) THE EFFECTIVE DATE O F THE POLICY; OR
(2) THE DATE THE INFORMA TION WAS GATHERED.
(C) EACH STATE’S ATTORNEY SHALL PUBLIS H REVISED, UPDATED, OR
NEWLY DRAFTED POLICI ES OR NEWLY COLLECTE D INFORMATION ON A T IMELY
BASIS AT LEAST ONCE EACH YEAR.
15–505.
(A) (1) THE COMMISSION, IN COORDINATION WITH THE
ADMINISTRATIVE OFFICE OF THE COURTS, SHALL:
(I) DETERMINE THE MANNER IN WHICH THE ADMINISTRATIVE
OFFICE OF THE COURTS PROVIDES TO TH E COMMISSION THE INFORM ATION
COLLECTED UNDER § 15–502 OF THIS SUBTITLE;
(II) ENSURE THAT DISCLOSU RE OF INFORMATION UN DER THIS
SUBTITLE IS PERFORMED IN A UNIFOR M AND CONSISTENT MAN NER; AND LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(III) DETERMINE AN IMPLEME NTATION SCHEDULE AND PLAN BY
WHICH THE ADMINISTRATIVE OFFICE OF THE COURTS WILL DISCLOSE
INFORMATION COLLECTE D UNDER § 15–502 OF THIS SUBTITLE ON OR BEFORE
OCTOBER 1, 2025.
(2) THE IMPLEMENTATION SC HEDULE AND PLAN DESC RIBED UNDER
PARAGRAPH (1) OF THIS SUBSECTION M AY:
(I) INCLUDE IMPLEMENTATI ON ON A ROLLING BASI S THAT
STARTS BY PRIORITIZI NG A SUBSET OF THE D ATA COLLECTED UNDER § 15–502 OF
THIS SUBTITLE; OR
(II) PRIORITIZE DISCLOSUR E OF SPECIFIC INFORM ATION FROM
LARGER STATE’S ATTORNEY OFFICES .
(B) (1) ON OR BEFORE OCTOBER 1, 2023, AND IN ACCORDANCE WI TH THE
IMPLEMENTATION SCHED ULE AND PLAN DESCRIB ED IN SUBSECTION (A) OF THIS
SECTION, THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL BEGIN DI SCLOSING
DATA, STRIPPED OF ANY INDI VIDUALIZED OR IDENTI FYING PERSONAL
INFORMATION ABOUT AN Y PERSON ARRESTED OR PROSECUTED , TO THE
COMMISSION FOR THE IM MEDIATELY PRECEDING CALENDAR YEAR .
(2) ON OR BEFORE JANUARY 31, 2024, THE ADMINISTRATIVE OFFICE
OF THE COURTS SHALL COMPLETE THE REQUIRED DISCLOS URE OF DATA UNDER
THIS SUBSECTION .
15–503.
(C) (A) (1) ON OR BEFORE MAY 1, 2024 2025, AND EACH MAY 1
THEREAFTER , THE COMMISSION SHALL PUBL ISH ONLINE THE DATA COLLECTED
UNDER § 15–502 OF THIS SUBTITLE IN A MODERN, OPEN, ELECTRONIC FORMAT
THAT IS MACHINE –READABLE, MACHINE–SEARCHABLE , AND READILY ACCESSIB LE
TO THE PUBLIC ON THE COMMISSION’S WEBSITE.
(2) (B) DATA PUBLISHED IN ACC ORDANCE WITH THIS SU BSECTION
MAY NOT CONTAIN INDI VIDUALIZED OR IDENTIF YING PERSONAL INFORM ATION
ABOUT ANY PERSON ARR ESTED OR PROSECUTED .
(D) ON OR BEFORE SEPTEMBER 1, 2024, THE COMMISSION SHALL REPO RT
ON THE DATA RECEIVED FROM THE ADMINISTRATIVE OFFICE OF THE COURTS,
COMPARING AND CONTRA STING THE PRACT ICES AND TRENDS AMON G
JURISDICTIONS.
Ch. 141 2022 LAWS OF MARYLAND
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(E) (1) THE COMMISSION SHALL , AT LEAST TWICE PER Y EAR, PUBLISH
ISSUE–SPECIFIC REPORTS THA T PROVIDE IN–DEPTH ANALYSIS OF ON E OR MORE
AREAS OF PROSECUTORI AL DECISION MAKING .
(2) AT LEAST ONE REPORT U NDER THIS SUBSECTION SHALL FOC US
ON RACIAL DISPARITIE S.
15–506. 15–504.
(A) (1) IN ORDER TO COMPLY WI TH A REQUEST MADE UN DER THE
MARYLAND PUBLIC INFORMATION ACT, A STATE’S ATTORNEY MAY SATISFY A
REQUEST FOR INFORMAT ION GATHERED AS REQU IRED UNDER THIS SUBT ITLE BY
REFERRING THE REQUES TING PARTY TO THE COMMISSION WEBSITE CO NTAINING
THE DATA IF THE STATE’S ATTORNEY:
(I) IS IN COMPLIANCE WIT H THIS SUBTITLE; AND
(II) IN GOOD FAITH , REASONABLY BELIEVES THAT THE
REQUEST FOR INFORMAT ION CAN BE SATISFIED BY REFERENCE TO THE DAT A MADE
PUBLICLY AVAILABLE U NDER THIS SUBTITLE .
(2) IF AN INFORMATION REQ UEST IS ABLE TO BE S ATISFIED IN
ACCORDANCE WITH THIS SUBSECTION, THE STATE’S ATTORNEY MAY FULFILL THE
REQUEST WITHOUT AFFI RMATIVELY COLLECTING OR DISCLOSING THE PARTICULAR
INFORMATION BEING RE QUESTED.
(B) THE REQUESTING PARTY MAY SEEK JUDICIAL RE VIEW IN ACCORDANCE
WITH § 4–362 OF THE GENERAL PROVISIONS ARTICLE FOR PURPOSES OF
COMPELLING DISCLOSUR E IF:
(1) THE REQUESTING PARTY DOES NOT BELIEVE THA T THE REQUEST
CAN BE SATISFIED UND ER THIS SECTION; AND
(2) THE STATE’S ATTORNEY REFUSES TO D ISCLOSE THE
INFORMATION BEING RE QUESTED.
Article – Education
24–701.
(a) In this subtitle the following words have the meanings indicated.
(l) (1) “Student data” means data relating to or impacting student
performance. LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(2) “Student data” includes:
(i) State and national assessments;
(ii) Course–taking and completion;
(iii) Grade point average;
(iv) Remediation;
(v) Retention;
(vi) Degree, diploma, or credential attainment;
(vii) Enrollment;
(viii) Demographic data;
(ix) Juvenile delinquency records;
(x) Elementary and secondary school disciplinary records;
(xi) Child welfare data;
(xii) License, industry certificate, or vocational certificate; and
(xiii) Personally identifiable information.
(3) “Student data” does not include[:
(i) Criminal and CINA records; and
(ii) Medical] MEDICAL and health records.
24–703.
(a) There is a Maryland Longitudinal Data System Center.
(f) The Center shall perform the following functions and duties:
(1) Serve as a central repository of student data and workforce data in the
Maryland Longitudinal Data System, including data sets provided by:
(i) The State Department of Education;
Ch. 141 2022 LAWS OF MARYLAND
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(ii) Local education agencies;
(iii) The Maryland Higher Education Commission;
(iv) Institutions of higher education;
(v) The Maryland Department of Labor;
(vi) The Department of Juvenile Services; and
(vii) The Social Services Administration within the Department of
Human Services;
6–201.
In this part, “Commission” means the State Commission on Criminal Sentencing
Policy.
6–209.
(a) The Commission shall review annually sentencing policy and practice and, on
or before January 31 of each year, report to the General Assembly, in accordance with §
2–1257 of the State Government Article, on the activities of the preceding calendar year.
(b) (1) The report shall:
(i) include any changes to the sentencing guidelines made during the
preceding year;
(ii) review judicial compliance with the sentencing guidelines,
including compliance by crime and by judicial circuit;
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION :
1. FOR SENTENCES INVOLV ING A CRIME OF VIOLE NCE,
INCLUDE INFORMATION DISAGGREGATED BY CIR CUIT ON:
A. THE NUMBER AND PERCE NTAGE OF SENTENCING
EVENTS IN EACH DISPO SITION CATEGORY , AS INDICATED ON THE SENTENCING
GUIDELINES WORKSHEET ;
B. THE NUMBER AND PERCE NTAGE OF SENTENCING
EVENTS THAT RESULTED IN A DEPARTURE FROM THE SENTENCING GUIDE LINES;
AND
LAWRENCE J. HOGAN, JR., Governor Ch. 141
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C. FOR SENTENCING EVENT S THAT RESULTED IN A
DEPARTURE FROM THE S ENTENCING GUIDELINES , THE DEPARTURE RE ASONS CITED
AND THE NUMBER AND P ERCENTAGE OF EVENTS IN WHICH EACH REASON WAS CITED;
AND
2. FOR SENTENCING EVENT S INVOLVING A CRIME OF
VIOLENCE, REPORT DISAGGREGATED BY CIRCUIT AND CRIME ON:
A. THE AVERAGE TOTAL SE NTENCE;
B. THE AVERAGE NONSU SPENDED SENTENCE ; AND
C. FOR SENTENCES IN WHI CH A PORTION OF THE
SENTENCE WAS SUSPEND ED, THE AVERAGE PERCENTA GE OF THE TOTAL SENT ENCE
SUSPENDED;
[(iii)] (IV) review reductions or increases in original sentences that
have occurred because of reconsiderations of sentences imposed under § 14–101 of the
Criminal Law Article; and
[(iv)] (V) categorize information on the number of reconsiderations
of sentences by crimes as listed in § 14–101(a) of the Criminal Law Article and by judicial
circuit.
(2) The Commission shall consider a sentence to a corrections options
program to be within the sentencing guidelines if the sentence falls within a corrections
options zone shown on the matrix.
(3) THE COMMISSION SHALL CONS PICUOUSLY POST THE
INFORMATION REQUIRED TO BE INCLUDED IN TH E REPORT UNDER PARAG RAPH
(1)(III) OF THIS SUBSECTION I N A DATA DASHBOARD O N ITS PUBLIC WEBSITE .
Article – Education
24–701.
(a) In this subtitle the following words have the meanings indicated.
(l) (1) “Student data” means data relating to or impacting student
performance.
(2) “Student data” includes:
(i) State and national assessments;
Ch. 141 2022 LAWS OF MARYLAND
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(ii) Course–taking and completion;
(iii) Grade point average;
(iv) Remediation;
(v) Retention;
(vi) Degree, diploma, or credential attainment;
(vii) Enrollment;
(viii) Demographic data;
(ix) Juvenile delinquency records;
(x) Elementary and secondary school disciplinary records;
(xi) Child welfare data;
(xii) License, industry certificate, or vocational certificate; and
(xiii) Personally identifiable information.
(3) “Student data” does not include[:
(i) Criminal and CINA records; and
(ii) Medical] MEDICAL and health records.
24–703.
(a) There is a Maryland Longitudinal Data System Center.
(f) The Center shall perform the following functions and duties:
(1) Serve as a central repository of student data and workforce data in the
Maryland Longitudinal Data System, including data sets provided by:
(i) The State Department of Education;
(ii) Local education agencies;
(iii) The Maryland Higher Education Commission;
(iv) Institutions of higher education; LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(v) The Maryland Department of Labor;
(vi) The Department of Juvenile Services; and
(vii) The Social Services Administration within the Department of
Human Services;
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Public Safety
3–104.
(d) On completion of an investigation of a complaint [made by] OF POLICE
MISCONDUCT INVOLVING a member of the public [against] AND a police officer,
REGARDLESS OF WHETHE R THE COMPLAINT ORIG INATED FROM WITHIN T HE LAW
ENFORCEMENT AGENCY O R FROM AN EXTERNAL S OURCE, the law enforcement agency
shall forward to the appropriate administrative charging committee the investigatory files
for the matter.
3–105.
(a) The Maryland Police Training and Standards Commission shall develop and
adopt, by regulation, a model uniform disciplinary matrix for use by each law enforcement
agency in the State.
(b) Each law enforcement agency shall adopt the uniform State disciplinary
matrix FOR ALL MATTERS THAT MAY RESULT IN DISCIP LINE OF A POLICE OFF ICER.
(c) (1) Within 15 days after an administrative charging committee issues an
administrative charge against a police officer, the chief of the law enforcement agency shall
offer discipline to the police officer who has been administratively charged in accordance
with the disciplinary matrix.
(2) The chief may offer the same discipline that was recommended by the
administrative charging committee or a higher degree of discipline within the applicable
range of the disciplinary matrix, but may not deviate below the discipline recommended by
the administrative charging committee.
(3) If the police officer accepts the chief’s offer of discipline, then the offered
discipline shall be imposed.
(4) If the police officer does not accept the chief’s offer of discipline, then the
matter shall be referred to a trial board. Ch. 141 2022 LAWS OF MARYLAND
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(5) At least 30 days before a trial board proceeding begins, the police officer
shall be:
(i) provided a copy of the investigatory record;
(ii) notified of the charges against the police officer; and
(iii) notified of the disciplinary action being recommended.
3–106.
(a) (1) Except as provided in paragraph (2) of this subsection, each law
enforcement agency shall establish a trial board process in accordance with this section to
adjudicate ALL matters for which a police officer is subject to discipline.
(2) A small law enforcement agency may use the trial board process of
another law enforcement agency by mutual agreement.
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A trial board shall be composed of:
[(1)] (I) an actively serving or retired administrative law judge or a
retired judge of the District Court or a circuit court, appointed by the chief executive officer
of the county;
[(2)] (II) a civilian who is not a member of an administrative charging
committee, appointed by the county’s police accountability board; and
[(3)] (III) a police officer of equal rank to the police officer who is accused of
misconduct appointed by the head of the law enforcement agency.
(2) (I) THIS PARAGRAPH MAY NO T BE CONSTRUED TO AP PLY TO
THE BALTIMORE POLICE DEPARTMENT .
(II) A TRIAL BOARD FOR A ST ATEWIDE OR BI –COUNTY LAW
ENFORCEMENT AGENCY S HALL BE COMPOSED OF :
1. AN ACTIVELY SERVING OR RETIRED ADMINISTR ATIVE
LAW JUDGE APPOINTED BY THE CHIEF ADMINISTRATIVE LAW JUDGE OF THE
MARYLAND OFFICE OF ADMINISTRATIVE HEARINGS;
2. A CIVILIAN WHO IS NO T A MEMBER OF AN
ADMINISTRATIVE CHARG ING COMMITTEE OR THE MARYLAND POLICE TRAINING LAWRENCE J. HOGAN, JR., Governor Ch. 141
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AND STANDARDS COMMISSION, APPOINTED BY THE POL ICE ACCOUNTABILITY
BOARD FOR THE COUNTY WHERE THE ALLEGED MI SCONDUCT OCCUR RED; AND
3. A POLICE OFFICER OF EQUAL RANK TO THE PO LICE
OFFICER WHO IS ACCUS ED OF MISCONDUCT APP OINTED BY THE HEAD O F THE LAW
ENFORCEMENT AGENCY .
(c) THE ACTIVELY SERVING OR RETIRED ADMINISTR ATIVE LAW JUDGE OR
THE RETIRED JUDGE OF THE DISTRICT COURT OR A CIRCUIT COURT SHALL:
(1) BE THE CHAIR OF THE TRIAL BOARD;
(2) BE RESPONSIBLE FOR R ULING ON ALL MOTIONS BEFORE THE
TRIAL BOARD; AND
(3) PREPARE THE WRITTEN DECISION OF THE TRIA L BOARD,
INCLUDING THE FINDIN GS, CONCLUSIONS , AND RECOMMENDATIONS OF THE TRIAL
BOARD.
(D) Before serving as a member of a trial board, an individual shall receive
training on matters relating to police procedures from the Maryland Police Training and
Standards Commission.
[(d)] (E) Proceedings of a trial board shall be open to the public, except to protect:
(1) a victim’s identity;
(2) the personal privacy of an individual;
(3) a child witness;
(4) medical records;
(5) the identity of a confidential source;
(6) an investigative technique or procedure; or
(7) the life or physical safety of an individual.
[(e)] (F) A trial board may administer oaths and issue subpoenas as necessary to
complete its work.
[(f)] (G) A complainant has the right to be notified of a trial board hearing and,
except as provided in subsection [(d)] (E) of this section, the right to attend a trial board
hearing. Ch. 141 2022 LAWS OF MARYLAND
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[(g)] (H) Except as otherwise provided in this subtitle, a law enforcement agency
has the burden of proof by a preponderance of the evidence in any proceeding under this
subtitle.
[(h)] (I) A police officer may be disciplined only for cause.
(J) WITHIN 45 DAYS AFTER THE FINAL HEARING BY A TRIAL BOARD, THE
TRIAL BOARD SHALL IS SUE A WRITTEN DECISI ON REFLECTING THE FI NDINGS,
CONCLUSIONS , AND RECOMMENDATIONS OF A MAJORITY OF THE TRIAL BOARD.
[(i)] (K) (1) Within 30 days after the date of issuance of a decision of a trial
board, the decision may be appealed by the [employee] POLICE OFFICER :
(i) if the trial board is from a local law enforcement agency, to the
circuit court of the county in which the law enforcement agency is located; [and]
(ii) IF THE TRIAL BOARD I S FROM A BI –COUNTY LAW
ENFORCEMENT AGENCY , TO A CIRCUIT COURT I N A COUNTY IN WHICH THE INCIDENT
THAT GAVE RISE TO TH E DISCIPLINARY PROCE EDING OCCURRED ; AND
(III) if the trial board is from a statewide [or bi–county] law
enforcement agency, to the Circuit Court for Anne Arundel County.
(2) An appeal taken under this subsection shall be on the record.
[(j)] (L) A trial board decision [that is not appealed] is final UNLESS APPEALED
BY A POLICE OFFICER UNDER SUBSECTION (K) OF THIS SECTION .
3–111.
(A) A law enforcement agency may not negate or alter any of the requirements of
this subtitle through collective bargaining.
(B) COLLECTIVE BARGAINING MAY NOT BE USED TO ESTABLISH OR ALTER
ANY ASPECT OF THE PR OCESS FOR DISCIPLINI NG A POLICE OFFICER .
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Public Safety
3–527.
(a) (1) In this section the following words have the meanings indicated. LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.
(3) “Police officer” has the meaning stated in § 3–201 of this title.
(b) A law enforcement agency shall notify the Independent [Investigative Unit]
INVESTIGATIONS DIVISION within the Office of the Attorney General of any [alleged or
potential police–involved death of a civilian] POLICE–INVOLVED INCIDENT TH AT
RESULTS IN THE DEATH OF A CIVILIAN OR INJ URIES THAT ARE LIKEL Y TO RESULT IN
THE DEATH OF A CI VILIAN as soon as the law enforcement agency becomes aware of the
incident.
(c) (1) A law enforcement agency shall cooperate with AND MAY NOT IMPEDE
the Independent [Investigative Unit] INVESTIGATIONS DIVISION in connection with the
investigation AND PROSECUTION of a police–involved death of a civilian.
(2) ON REQUEST OF THE ATTORNEY GENERAL OR THE ATTORNEY
GENERAL’S DESIGNEE, A LOCAL LAW ENFORCEM ENT AGENCY SHALL PRO VIDE ANY
REQUESTED EVIDENCE T O THE INDEPENDENT INVESTIGATIONS DIVISION.
(D) (1) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S
DESIGNEE MAY SEEK TE MPORARY OR PERMANENT INJUNCTIVE RELIEF IN A COURT
OF COMPETENT JURISDI CTION IN ORDER TO FA CILITATE AN INVESTIG ATION OR TO
PREVENT INTERFERENCE WITH AN INVESTIGATIO N.
(2) IN A REQUEST FOR INJ UNCTIVE RELIEF BROUG HT UNDER THIS
SUBSECTION, THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE
IS NOT REQUIRED TO :
(I) POST BOND;
(II) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW
DOES NOT EXIST; OR
(III) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREPARABLE
DAMAGE WOULD RESULT FROM ANY CONDUCT ALL EGED.
Article – State Government
SUBTITLE 6. INDEPENDENT INVESTIGATIONS DIVISION.
6–601.
Ch. 141 2022 LAWS OF MARYLAND
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(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “DIVISION” MEANS THE INDEPENDENT INVESTIGATIONS DIVISION IN
THE OFFICE OF THE ATTORNEY GENERAL.
(C) “POLICE OFFICER ” HAS THE MEANING STAT ED IN § 3–201 OF THE
PUBLIC SAFETY ARTICLE.
[6–106.2.] 6–602.
(a) [In this section, “police officer” has the meaning stated in § 3–201 of the Public
Safety Article.
(b)] There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION
within the Office of the Attorney General.
(B) (1) THE DIVISION IS THE PRIMA RY INVESTIGATIVE UNI T FOR
POLICE–INVOLVED INCIDENTS THAT RESULT IN THE DEATH OF CIVILIANS OR
INJURIES LIKELY TO R ESULT IN DEATH.
(2) THE OFFICE OF THE ATTORNEY GENERAL SHALL DETERMI NE
WHETHER AN INCIDENT IS POLICE–INVOLVED AND WHETHER AN INJURY IS LIKELY
TO RESULT IN DEATH .
(c) [(1)] The [Independent Investigative Unit] DIVISION:
(1) shall investigate all [alleged or potential police–involved deaths of
civilians.] POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF A CIVILIAN
OR INJURIES THAT ARE LIKELY TO RESULT IN THE DEATH OF A CIVIL IAN; AND
(2) [The Independent Investigative Unit] may investigate any other crimes
related to police misconduct that are discovered during an investigation under [paragraph]
ITEM (1) of this subsection.
(d) In conducting an investigation under subsection (c) of this section, the
[Independent Investigative Unit] DIVISION may act with the full powers, rights, privileges,
and duties of a State’s Attorney, including the use of a grand jury in any county.
(e) (1) Within 15 days after completing an investigation required under
subsection (c) of this section, the [Independent Investigative Unit] DIVISION shall transmit
a report containing detailed investigative findings to the State’s Attorney of the county that
has jurisdiction to prosecute the matter.
LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(2) Except as otherwise provided by law, the report under this subsection
shall remain confidential through adjudication of any associated criminal case at the trial
court level.
(f) To investigate and assist with the investigation of alleged criminal offenses
committed by police officers, the [Independent Investigative Unit] DIVISION may:
(1) detail one or more police officers employed by the Department of State
Police; and
(2) employ other civilian personnel as needed.
[(g) (1) The Governor annually shall include funding in the State budget
sufficient to provide for the full and proper operation of the Independent Investigative Unit.
(2) Funds provided in accordance with this subsection shall supplement
and may not supplant any other funding provided to the Independent Investigative Unit.]
6–603.
(A) (1) FOR THE LIMITED PURPO SE OF FURTHERING AN ONGOING
CRIMINAL INVESTIGATI ON, THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY
GENERAL OR AN ASSISTA NT ATTORNEY GENERAL DESIGNATED IN WRITING BY THE
ATTORNEY GENERAL MAY ISSUE IN ANY COURT IN THE STATE A SUBPOENA TO A
PERSON TO PRODUCE TE LEPHONE, BUSINESS, GOVERNMENT , OR CORPORATE
RECORDS OR DOCUMENTS .
(2) A SUBPOENA ISSUED UNDE R THIS SUBSECTION MA Y BE SERVED IN
THE SAME MANNER AS A SUBPOENA ISSUED BY A CIRCUIT COURT .
(B) (1) A PERSON MAY HAVE AN ATTORNEY PRESENT DUR ING ANY
CONTACT MADE UNDER S UBSECTION (A) OF THIS SECTION WITH THE ATTORNEY
GENERAL OR AN AGENT O F THE ATTORNEY GENERAL.
(2) THE ATTORNEY GENERAL SHALL ADVISE A PERSON OF THE RIGH T
TO COUNSEL WHEN THE SUBPOENA IS SERVED .
(C) (1) (I) IF A PERSON FAILS TO OBEY A LAWFULLY SERV ED
SUBPOENA UNDER SUBSE CTION (A) OF THIS SECTION , THE ATTORNEY GENERAL
MAY REPORT THE FAILU RE TO OBEY THE SUBPO ENA TO THE CIRCUIT C OURT WITH
JURISDICTION OVER TH E MATTER.
(II) THE ATTORNEY GENERAL SHALL PROV IDE A COPY OF THE
SUBPOENA AND PROOF O F SERVICE TO THE CIR CUIT COURT.
Ch. 141 2022 LAWS OF MARYLAND
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(2) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON THAT
ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA ISSUED UNDER SUBS ECTION (A)
OF THIS SECTION HAS HAD AN OPPORTUNITY T O BE HEARD AND B E REPRESENTED
BY COUNSEL, THE COURT MAY GRANT APPROPRIATE RELIEF .
(D) THIS SECTION DOES NOT ALLOW THE CONTRAVENT ION, DENIAL, OR
ABROGATION OF A PRIV ILEGE OR RIGHT RECOG NIZED BY LAW.
SECTION 2. 4. AND BE IT FURTHER ENACTED, That:
(a) There is a Task Force to Study Criminal Justice Data Transparency
Transparency Standards for State’s Attorneys.
(b) The Task Force consists of the following members:
(1) two members of the Senate of Maryland and two members of the
community, appointed by the President of the Senate;
(2) two members of the House of Delegates and two members of the
community, appointed by the Speaker of the House;
(3) the President of the Maryland State’s Attorneys’ Association, or the
President’s designee;
(4) the Executive Director of the Maryland State Commission on Criminal
Sentencing Policy, or the Executive Director’s designee;
(5) one representative of the Administrative Office of the Courts, appointed
by the Governor Chief Judge of the Court of Appeals; and
(6) one representative of the Vera Institute of Justice, appointed by the
Governor;
(7) the Chair of the Attorney Grievance Commission, or the Chair’s designee;
and
(8) one representative of a crime victims’ advocacy group, appointed by the
Governor.
(c) The President of the Senate and the Speaker of the House shall each designate
one co–chair of the Task Force.
(d) The Maryland State Commission on Criminal Sentencing Policy Department
of Legislative Services shall provide staff for the Task Force.
(e) A member of the Task Force: LAWRENCE J. HOGAN, JR., Governor Ch. 141
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(1) may not receive compensation as a member of the Task Force; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) (1) The Task Force shall:
(1) study the possibility of expanding the data collection and disclosure
requirements established under Section 1 of this Act to include cases of the District Court;
and establishing minimum transparency standards for State’s Attorneys.
(2) make recommendations on potential statutory changes necessary to
expand data collection and reporting In conducting its study, the Task Force shall:
(i) develop processes by which prosecutors can collect information
and determine what information should be made public and what information may be kept
private; and
(ii) examine any existing policies of State’s Attorneys’ offices across
the State relating to the transparency of data, the charging of crimes, and sentencing.
(g) On or before December 31, 2023, the Task Force shall report its findings and
recommendations to the Senate Judicial Proceedings Committee and the House Judiciary
Committee in accordance with § 2–1257 of the State Government Article.
SECTION 2. 3. 5. AND BE IT FURTHER ENACTED, That, if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any reason
in a court of competent jurisdiction, the invalidity does not affect other provisions or any
other application of this Act that can be given effect without the invalid provision or
application, and for this purpose the provisions of this Act are declared severable.
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022. Section 2 of this Act shall remain effective for a period of 1 year and 9
months and, at the end of June 30, 2024, Section 2 of this Act, with no further action
required by the General Assembly, shall be abrogated and of no further force and effect.
SECTION 6. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take
effect October 1, 2022. It shall remain effective for a period of 3 years and, at the end of
September 30, 2025, Section 1 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
SECTION 7. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
effect July 1, 2022, the effective date of Section 3 of Chapter 59 of the Acts of the General
Assembly of 2021. If the effective date of Section 3 of Chapter 59 is amended, Section 2 of
this Act shall take effect on the taking effect of Section 3 of Chapter 59. Ch. 141 2022 LAWS OF MARYLAND
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SECTION 8. AND BE IT FURTHER ENACTED, That, except as provided in Sections
6 and 7 of this Act, this Act shall take effect July 1, 2022. Section 4 of this Act shall remain
effective for a period of 2 years and, at the end of June 30, 2024, Section 4 of this Act, with
no further action required by the General Assembly, shall be abrogated and of no further
force and effect.
Approved by the Governor, April 21, 2022.