| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0896* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 896 | |
| 11 | 8 | E4 2lr2104 | |
| 12 | 9 | ||
| 13 | 10 | By: Senator Smith | |
| 14 | 11 | Introduced and read first time: February 7, 2022 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 23, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Office of the Attorney General – Independent Investigations – Revisions 2 | |
| 25 | - | State Government – Attorney General – Independent Investigations Division 3 | |
| 26 | 19 | ||
| 27 | - | FOR the purpose of renaming the Independent Investigative Unit in the Office of the 4 | |
| 28 | - | Attorney General to be the Independent Investigations Division; altering the 5 | |
| 29 | - | jurisdiction of the Independent Investigations Division to investigate certain 6 | |
| 30 | - | incidents; establishing certain requirements for law enforcement agencies in relation 7 | |
| 31 | - | to an investigation under this Act; authorizing the Office of the Attorney General to 8 | |
| 32 | - | seek injunctive relief to enforce provisions of this Act; establishing procedures for the 9 | |
| 33 | - | proscution of a police officer by the Attorney General; and generally relating to 10 | |
| 34 | - | independent investigations by the Office of the Attorney General authorizing the 11 | |
| 35 | - | Attorney General or certain individuals designated by the Attorney General to seek 12 | |
| 36 | - | certain injunctive relief or issue a certain subpoena under certain circumstances; 13 | |
| 37 | - | authorizing the Independent Investigations Division or a certain State’s Attorney to 14 | |
| 38 | - | prosecute a police officer under certain circumstances; requiring the Governor to 15 | |
| 39 | - | annually include certain funding in the State budget; and generally relating to the 16 | |
| 40 | - | Independent Investigations Division in the Office of the Attorney General. 17 | |
| 20 | + | FOR the purpose of renaming the Independent Investigative Unit in the Office of the 3 | |
| 21 | + | Attorney General to be the Independent Investigations Division; altering the 4 | |
| 22 | + | jurisdiction of the Independent Investigations Division to investigate certain 5 | |
| 23 | + | incidents; establishing certain requirements for law enforcement agencies in relation 6 | |
| 24 | + | to an investigation under this Act; authorizing the Office of the Attorney General to 7 | |
| 25 | + | seek injunctive relief to enforce provisions of this Act; establishing procedures for the 8 | |
| 26 | + | proscution of a police officer by the Attorney General; and generally relating to 9 | |
| 27 | + | independent investigations by the Office of the Attorney General. 10 | |
| 41 | 28 | ||
| 42 | - | BY repealing and reenacting, with amendments, | |
| 43 | - | Article – Public Safety | |
| 44 | - | Section 3–527 | |
| 45 | - | Annotated Code of Maryland | |
| 46 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 29 | + | BY repealing and reenacting, with amendments, 11 | |
| 30 | + | Article – Public Safety 12 | |
| 31 | + | Section 3–527 13 | |
| 32 | + | Annotated Code of Maryland 14 | |
| 33 | + | (2018 Replacement Volume and 2021 Supplement) 15 | |
| 47 | 34 | ||
| 48 | - | BY repealing and reenacting, with amendments, 23 2 SENATE BILL 896 | |
| 35 | + | BY repealing and reenacting, with amendments, 16 | |
| 36 | + | Article – State Government 17 | |
| 37 | + | Section 6–106.2 18 | |
| 38 | + | Annotated Code of Maryland 19 | |
| 39 | + | (2021 Replacement Volume) 20 | |
| 40 | + | ||
| 41 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
| 42 | + | That the Laws of Maryland read as follows: 22 | |
| 43 | + | ||
| 44 | + | Article – Public Safety 23 | |
| 45 | + | ||
| 46 | + | 3–527. 24 | |
| 47 | + | ||
| 48 | + | (a) (1) In this section the following words have the meanings indicated. 25 2 SENATE BILL 896 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Article – State Government 1 | |
| 52 | - | Section 6–106.2 to be under the new subtitle “Subtitle 6. Independent Investigations 2 | |
| 53 | - | Division” 3 | |
| 54 | - | Annotated Code of Maryland 4 | |
| 55 | - | (2021 Replacement Volume) 5 | |
| 56 | 51 | ||
| 57 | - | BY adding to 6 | |
| 58 | - | Article – State Government 7 | |
| 59 | - | Section 6–601 and 6–603 through 6–605 8 | |
| 60 | - | Annotated Code of Maryland 9 | |
| 61 | - | (2021 Replacement Volume) 10 | |
| 52 | + | (2) “Law enforcement agency” has the meaning stated in § 3–201 of this 1 | |
| 53 | + | title. 2 | |
| 62 | 54 | ||
| 63 | - | | |
| 64 | - | That | |
| 55 | + | (3) “POLICE–INVOLVED INCIDENT ” MEANS AN INCIDENT INVOLVING 3 | |
| 56 | + | A POLICE OFFICER THAT RESULTS IN : 4 | |
| 65 | 57 | ||
| 66 | - | ||
| 58 | + | (I) THE DEATH OF A CIVIL IAN; OR 5 | |
| 67 | 59 | ||
| 68 | - | 3–527. 14 | |
| 60 | + | (II) INJURY TO A CIVILIAN THAT IS LIKELY TO RE SULT IN 6 | |
| 61 | + | DEATH. 7 | |
| 69 | 62 | ||
| 70 | - | ( | |
| 63 | + | (4) “Police officer” has the meaning stated in § 3–201 of this title. 8 | |
| 71 | 64 | ||
| 72 | - | (2) “Law enforcement agency” has the meaning stated in § 3–201 of this 16 | |
| 73 | - | title. 17 | |
| 65 | + | (b) (1) A law enforcement agency shall notify the Independent [Investigative 9 | |
| 66 | + | Unit] INVESTIGATIONS DIVISION within the Office of the Attorney General of any alleged 10 | |
| 67 | + | or potential police–involved [death of a civilian] INCIDENT as soon as the law enforcement 11 | |
| 68 | + | agency becomes aware of the incident. 12 | |
| 74 | 69 | ||
| 75 | - | (3) “POLICE–INVOLVED INCIDENT ” MEANS AN INCIDENT INVOLVIN G 18 | |
| 76 | - | A POLICE OFFICER THA T RESULTS IN: 19 | |
| 70 | + | (2) THE INDEPENDENT INVESTIGATIONS DIVISION MAY, IN ITS 13 | |
| 71 | + | DISCRETION, DETERMINE WHETHER AN INCIDENT IS A POLICE –INVOLVED 14 | |
| 72 | + | INCIDENT. 15 | |
| 77 | 73 | ||
| 78 | - | (I) THE DEATH OF A CIVIL IAN; OR 20 | |
| 74 | + | (c) (1) THE INDEPENDENT INVESTIGATIONS DIVISION IS THE PRIMARY 16 | |
| 75 | + | INVESTIGATIVE UNIT I N POLICE–INVOLVED INCIDENTS . 17 | |
| 79 | 76 | ||
| 80 | - | (II) INJURY TO A CIVILIAN THAT IS LIKELY TO RE SULT IN 21 | |
| 81 | - | DEATH. 22 | |
| 77 | + | (2) (I) A law enforcement agency shall cooperate with the Independent 18 | |
| 78 | + | [Investigative Unit] INVESTIGATIONS DIVISION in connection with the investigation of a 19 | |
| 79 | + | police–involved [death of a civilian] INCIDENT. 20 | |
| 82 | 80 | ||
| 83 | - | (4) “Police officer” has the meaning stated in § 3–201 of this title. 23 | |
| 81 | + | (II) ON REQUEST OF THE ATTORNEY GENERAL OR THE 21 | |
| 82 | + | ATTORNEY GENERAL’S DESIGNEE, A LAW ENFORCEMENT AG ENCY SHALL TURN 22 | |
| 83 | + | OVER TO THE INDEPENDENT INVESTIGATIONS DIVISION ANY EVIDENCE RELATED 23 | |
| 84 | + | TO A POLICE–INVOLVED INCIDENT TH AT IS IN THE CUSTODY OR CO NTROL OF THE 24 | |
| 85 | + | LAW ENFORCEMENT AGEN CY. 25 | |
| 84 | 86 | ||
| 85 | - | (b) (1) A law enforcement agency shall notify the Independent [Investigative 24 | |
| 86 | - | Unit] INVESTIGATIONS DIVISION within the Office of the Attorney General of any alleged 25 | |
| 87 | - | or potential police–involved [death of a civilian] INCIDENT as soon as the law enforcement 26 | |
| 88 | - | agency becomes aware of the incident. 27 | |
| 87 | + | (III) A LAW ENFORCEMENT AGEN CY MAY NOT ENGAGE IN 26 | |
| 88 | + | ACTIVITY THAT IMPEDE S OR INTERFERES WITH THE INVESTIGATION OF A 27 | |
| 89 | + | POLICE–INVOLVED INCIDENT BY THE INDEPENDENT INVESTIGATIONS DIVISION. 28 | |
| 89 | 90 | ||
| 90 | - | (2) THE INDEPENDENT INVESTIGATIONS DIVISION MAY, IN ITS 28 | |
| 91 | - | DISCRETION, DETERMINE WHETHER AN INCIDENT IS A POLICE –INVOLVED 29 | |
| 92 | - | INCIDENT. 30 | |
| 93 | - | ||
| 94 | - | (c) (1) THE INDEPENDENT INVESTIGATIONS DIVISION IS THE PRIMARY 31 | |
| 95 | - | INVESTIGATIVE UNIT I N POLICE–INVOLVED INCIDENTS . 32 | |
| 91 | + | (IV) 1. THE OFFICE OF THE ATTORNEY GENERAL MAY SEEK 29 | |
| 92 | + | INJUNCTIVE RELIEF TO ENFORCE THIS PARA GRAPH AGAINST A LAW ENFORC EMENT 30 | |
| 93 | + | AGENCY IN A COURT OF COMPET ENT JURISDICTION IN THE STATE. 31 | |
| 96 | 94 | SENATE BILL 896 3 | |
| 97 | 95 | ||
| 98 | 96 | ||
| 99 | - | (2) (I) A law enforcement agency shall cooperate with the Independent 1 | |
| 100 | - | [Investigative Unit] INVESTIGATIONS DIVISION in connection with the investigation of a 2 | |
| 101 | - | police–involved [death of a civilian] INCIDENT. 3 | |
| 97 | + | 2. IN SEEKING AN INJUNCT ION UNDER THIS 1 | |
| 98 | + | SUBPARAGRAPH , THE OFFICE OF THE ATTORNEY GENERAL IS NOT REQUIR ED TO: 2 | |
| 102 | 99 | ||
| 103 | - | (II) ON REQUEST OF THE ATTORNEY GENERAL OR THE 4 | |
| 104 | - | ATTORNEY GENERAL’S DESIGNEE, A LAW ENFORCEMENT AG ENCY SHALL TURN 5 | |
| 105 | - | OVER TO THE INDEPENDENT INVESTIGATIONS DIVISION ANY EVIDENCE RELATED 6 | |
| 106 | - | TO A POLICE–INVOLVED INCIDENT TH AT IS IN THE CUSTODY OR CONTROL OF THE 7 | |
| 107 | - | LAW ENFORCEMENT AGEN CY. 8 | |
| 100 | + | A. POST BOND; 3 | |
| 108 | 101 | ||
| 109 | - | (III) A LAW ENFORCEMENT AGEN CY MAY NOT ENGAGE IN 9 | |
| 110 | - | ACTIVITY THAT IMPEDE S OR INTERFERES WITH THE INVESTIGATION OF A 10 | |
| 111 | - | POLICE–INVOLVED INCIDENT BY THE INDEPENDENT INVESTIGATIONS DIVISION. 11 | |
| 102 | + | B. PROVE THAT AN ADEQUA TE REMEDY AT LAW DOE S 4 | |
| 103 | + | NOT EXIST; OR 5 | |
| 112 | 104 | ||
| 113 | - | (IV) 1. THE OFFICE OF THE ATTORNEY GENERAL MAY SEEK 12 | |
| 114 | - | INJUNCTIVE RELIEF TO ENFORCE THIS PARAGRA PH AGAINST A LAW ENF ORCEMENT 13 | |
| 115 | - | AGENCY IN A COURT OF COMPETENT JURISDICTI ON IN THE STATE. 14 | |
| 105 | + | C. PROVE THAT SUBSTANTI AL OR IRREPARABLE 6 | |
| 106 | + | DAMAGE WOULD RESULT FROM THE COND UCT OF THE LAW ENFOR CEMENT AGENCY . 7 | |
| 116 | 107 | ||
| 117 | - | 2. IN SEEKING AN INJUNCT ION UNDER THIS 15 | |
| 118 | - | SUBPARAGRAPH , THE OFFICE OF THE ATTORNEY GENERAL IS NOT REQUIRED TO: 16 | |
| 108 | + | Article – State Government 8 | |
| 119 | 109 | ||
| 120 | - | ||
| 110 | + | 6–106.2. 9 | |
| 121 | 111 | ||
| 122 | - | | |
| 123 | - | ||
| 112 | + | (a) (1) In this section[, “police] THE FOLLOWING WORDS HAVE THE 10 | |
| 113 | + | MEANINGS INDICATED . 11 | |
| 124 | 114 | ||
| 125 | - | | |
| 126 | - | ||
| 115 | + | (2) “POLICE–INVOLVED INCIDENT ” HAS THE MEANING STAT ED IN § 12 | |
| 116 | + | 3–527 OF THE PUBLIC SAFETY ARTICLE. 13 | |
| 127 | 117 | ||
| 128 | - | Article – State Government 22 | |
| 118 | + | (3) “POLICE officer” has the meaning stated in § 3–201 of the Public Safety 14 | |
| 119 | + | Article. 15 | |
| 129 | 120 | ||
| 130 | - | 6–106.2. 23 | |
| 121 | + | (b) There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 16 | |
| 122 | + | within the Office of the Attorney General. 17 | |
| 131 | 123 | ||
| 132 | - | ( | |
| 133 | - | ||
| 124 | + | (c) (1) The Independent [Investigative Unit] INVESTIGATIONS DIVISION 18 | |
| 125 | + | shall investigate all alleged or potential police–involved [deaths of civilians] INCIDENTS. 19 | |
| 134 | 126 | ||
| 135 | - | (2) “POLICE–INVOLVED INCIDENT ” HAS THE MEANING STAT ED IN § 26 | |
| 136 | - | 3–527 OF THE PUBLIC SAFETY ARTICLE. 27 | |
| 127 | + | (2) The Independent [Investigative Unit] INVESTIGATIONS DIVISION 20 | |
| 128 | + | may investigate any other crimes related to police misconduct that are discovered during 21 | |
| 129 | + | an investigation under paragraph (1) of this subsection. 22 | |
| 137 | 130 | ||
| 138 | - | (3) “POLICE officer” has the meaning stated in § 3–201 of the Public Safety 28 | |
| 139 | - | Article. 29 | |
| 131 | + | (d) In conducting an investigation under subsection (c) of this section, the 23 | |
| 132 | + | Independent [Investigative Unit] INVESTIGATIONS DIVISION may act with the full 24 | |
| 133 | + | powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury 25 | |
| 134 | + | in any county. 26 | |
| 140 | 135 | ||
| 141 | - | (b) There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 30 | |
| 142 | - | within the Office of the Attorney General. 31 | |
| 136 | + | (e) [(1) Within 15 days after completing an investigation required under 27 | |
| 137 | + | subsection (c) of this section, the Independent Investigative Unit shall transmit a report 28 | |
| 138 | + | containing detailed investigative findings to the State’s Attorney of the county that has 29 | |
| 139 | + | jurisdiction to prosecute the matter. 30 | |
| 143 | 140 | 4 SENATE BILL 896 | |
| 144 | 141 | ||
| 145 | 142 | ||
| 146 | - | (c) (1) The Independent [Investigative Unit] INVESTIGATIONS DIVISION 1 | |
| 147 | - | shall investigate all alleged or potential police–involved [deaths of civilians] INCIDENTS. 2 | |
| 143 | + | (2) Except as otherwise provided by law, the report under this subsection 1 | |
| 144 | + | shall remain confidential through adjudication of any associated criminal case at the trial 2 | |
| 145 | + | court level. 3 | |
| 148 | 146 | ||
| 149 | - | ( | |
| 150 | - | ||
| 151 | - | ||
| 147 | + | (f)] To investigate and assist with the investigation of alleged criminal offenses 4 | |
| 148 | + | committed by police officers, the Independent [Investigative Unit] INVESTIGATIONS 5 | |
| 149 | + | DIVISION may: 6 | |
| 152 | 150 | ||
| 153 | - | (d) In conducting an investigation under subsection (c) of this section, the 6 | |
| 154 | - | Independent [Investigative Unit] INVESTIGATIONS DIVISION may act with the full 7 | |
| 155 | - | powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury 8 | |
| 156 | - | in any county. 9 | |
| 151 | + | (1) detail one or more police officers employed by the Department of State 7 | |
| 152 | + | Police; and 8 | |
| 157 | 153 | ||
| 158 | - | (e) [(1) Within 15 days after completing an investigation required under 10 | |
| 159 | - | subsection (c) of this section, the Independent Investigative Unit shall transmit a report 11 | |
| 160 | - | containing detailed investigative findings to the State’s Attorney of the county that has 12 | |
| 161 | - | jurisdiction to prosecute the matter. 13 | |
| 154 | + | (2) employ other civilian personnel as needed. 9 | |
| 162 | 155 | ||
| 163 | - | (2) Except as otherwise provided by law, the report under this subsection 14 | |
| 164 | - | shall remain confidential through adjudication of any associated criminal case at the trial 15 | |
| 165 | - | court level. 16 | |
| 156 | + | (F) (1) WITHIN 15 DAYS AFTER COMPLETIN G AN INVESTIGATION 10 | |
| 157 | + | REQUIRED UNDER SUBSE CTION (C) OF THIS SECTION , THE ATTORNEY GENERAL 11 | |
| 158 | + | SHALL TRANSMIT A REP ORT TO THE STATE’S ATTORNEY OF THE COUNT Y THAT HAS 12 | |
| 159 | + | JURISDICTION TO PROS ECUTE THE MATTER THA T: 13 | |
| 166 | 160 | ||
| 167 | - | (f)] To investigate and assist with the investigation of alleged criminal offenses 17 | |
| 168 | - | committed by police officers, the Independent [Investigative Unit] INVESTIGATIONS 18 | |
| 169 | - | DIVISION may: 19 | |
| 161 | + | (I) CONTAINS DETAILED IN VESTIGATIVE FINDINGS ; AND 14 | |
| 170 | 162 | ||
| 171 | - | ( | |
| 172 | - | ||
| 163 | + | (II) INDICATES WHETHER TH E ATTORNEY GENERAL 15 | |
| 164 | + | RECOMMENDS PROSECUTI ON. 16 | |
| 173 | 165 | ||
| 174 | - | (2) employ other civilian personnel as needed. 22 | |
| 166 | + | (2) (I) IF THE ATTORNEY GENERAL RECOMMENDS PR OSECUTION 17 | |
| 167 | + | OF A POLICE OFFICER , WITHIN 45 DAYS OF RECEIVING TH E REPORT UNDER THIS 18 | |
| 168 | + | SUBSECTION, THE STATE’S ATTORNEY SHALL NOTIFY THE ATTORNEY GENERAL 19 | |
| 169 | + | WHETHER THE STATE’S ATTORNEY INTENDS TO P ROSECUTE THE CASE . 20 | |
| 175 | 170 | ||
| 176 | - | ( | |
| 177 | - | ||
| 178 | - | ||
| 179 | - | ||
| 171 | + | (II) IF THE STATE’S ATTORNEY DECLINES TO PROSECUTE THE 21 | |
| 172 | + | CASE OR FAILS TO NOT IFY THE ATTORNEY GENERAL AS REQUIRED U NDER 22 | |
| 173 | + | SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE ATTORNEY GENERAL MAY 23 | |
| 174 | + | PROSECUTE THE POLICE OFFIC ER. 24 | |
| 180 | 175 | ||
| 181 | - | (I) CONTAINS DETAILED IN VESTIGATIVE FINDINGS ; AND 27 | |
| 176 | + | (g) (1) The Governor annually shall include funding in the State budget 25 | |
| 177 | + | sufficient to provide for the full and proper operation of the Independent [Investigative 26 | |
| 178 | + | Unit] INVESTIGATIONS DIVISION. 27 | |
| 182 | 179 | ||
| 183 | - | (II) INDICATES WHETHER TH E ATTORNEY GENERAL 28 | |
| 184 | - | RECOMMENDS PROSECUTI ON. 29 | |
| 180 | + | (2) Funds provided in accordance with this subsection shall supplement 28 | |
| 181 | + | and may not supplant any other funding provided to the Independent [Investigative Unit] 29 | |
| 182 | + | INVESTIGATIONS DIVISION. 30 | |
| 185 | 183 | ||
| 186 | - | (2) (I) IF THE ATTORNEY GENERAL RECOMMENDS PROSECUTION 30 | |
| 187 | - | OF A POLICE OFFICER , WITHIN 45 DAYS OF RECEIVING TH E REPORT UNDER THIS 31 | |
| 188 | - | SUBSECTION, THE STATE’S ATTORNEY SHALL NOTIFY THE ATTORNEY GENERAL 32 | |
| 189 | - | WHETHER THE STATE’S ATTORNEY INTENDS TO P ROSECUTE THE CASE . 33 | |
| 190 | - | SENATE BILL 896 5 | |
| 191 | - | ||
| 192 | - | ||
| 193 | - | (II) IF THE STATE’S ATTORNEY DECLINES TO PROSECUTE THE 1 | |
| 194 | - | CASE OR FAILS TO NOT IFY THE ATTORNEY GENERAL AS REQUIRED U NDER 2 | |
| 195 | - | SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE ATTORNEY GENERAL MAY 3 | |
| 196 | - | PROSECUTE THE POLICE OFFICER. 4 | |
| 197 | - | ||
| 198 | - | (g) (1) The Governor annually shall include funding in the State budget 5 | |
| 199 | - | sufficient to provide for the full and proper operation of the Independent [Investigative 6 | |
| 200 | - | Unit] INVESTIGATIONS DIVISION. 7 | |
| 201 | - | ||
| 202 | - | (2) Funds provided in accordance with this subsection shall supplement 8 | |
| 203 | - | and may not supplant any other funding provided to the Independent [Investigative Unit] 9 | |
| 204 | - | INVESTIGATIONS DIVISION. 10 | |
| 205 | - | ||
| 206 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 | |
| 207 | - | October 1, 2022. 12 | |
| 208 | - | ||
| 209 | - | (a) (1) In this section the following words have the meanings indicated. 13 | |
| 210 | - | ||
| 211 | - | (2) “Law enforcement agency” has the meaning stated in § 3–201 of this 14 | |
| 212 | - | title. 15 | |
| 213 | - | ||
| 214 | - | (3) “Police officer” has the meaning stated in § 3–201 of this title. 16 | |
| 215 | - | ||
| 216 | - | (b) A law enforcement agency shall notify the Independent [Investigative Unit] 17 | |
| 217 | - | INVESTIGATIONS DIVISION within the Office of the Attorney General of any [alleged or 18 | |
| 218 | - | potential police–involved death of a civilian] POLICE–INVOLVED INCIDENT TH AT 19 | |
| 219 | - | RESULTS IN THE DEATH OF A CIVILIAN OR INJ URIES THAT ARE LIKEL Y TO RESULT 20 | |
| 220 | - | IN THE DEATH OF A CIVILIAN as soon as the law enforcement agency becomes aware of 21 | |
| 221 | - | the incident. 22 | |
| 222 | - | ||
| 223 | - | (c) (1) A law enforcement agency shall cooperate with AND MAY NOT IMPEDE 23 | |
| 224 | - | the Independent [Investigative Unit] INVESTIGATIONS DIVISION in connection with the 24 | |
| 225 | - | investigation AND PROSECUTION of a police–involved death of a civilian. 25 | |
| 226 | - | ||
| 227 | - | (2) ON REQUEST OF THE ATTORNEY GENERAL OR THE ATTORNEY 26 | |
| 228 | - | GENERAL’S DESIGNEE, A LOCAL LAW ENFORCEM ENT AGENCY SHALL PRO VIDE ANY 27 | |
| 229 | - | REQUESTED EVIDENCE T O THE INDEPENDENT INVESTIGATIONS DIVISION. 28 | |
| 230 | - | ||
| 231 | - | (D) (1) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S 29 | |
| 232 | - | DESIGNEE MAY SEEK TE MPORARY OR PERMANENT INJUNCTIVE RELIEF IN A COURT 30 | |
| 233 | - | OF COMPETENT JURISDI CTION IN ORDER TO FA CILITATE AN INVESTIG ATION OR TO 31 | |
| 234 | - | PREVENT INTERFERENCE WITH AN INVESTIGATIO N. 32 | |
| 235 | - | 6 SENATE BILL 896 | |
| 236 | - | ||
| 237 | - | ||
| 238 | - | (2) IN A REQUEST FOR INJUNCTIVE RELIEF BR OUGHT UNDER THIS 1 | |
| 239 | - | SUBSECTION, THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 2 | |
| 240 | - | IS NOT REQUIRED TO : 3 | |
| 241 | - | ||
| 242 | - | (I) POST BOND; 4 | |
| 243 | - | ||
| 244 | - | (II) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW 5 | |
| 245 | - | DOES NOT EXIST; OR 6 | |
| 246 | - | ||
| 247 | - | (III) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE 7 | |
| 248 | - | DAMAGE WOULD RESULT FROM ANY CONDUCT ALL EGED. 8 | |
| 249 | - | ||
| 250 | - | Article – State Government 9 | |
| 251 | - | ||
| 252 | - | SUBTITLE 6. INDEPENDENT INVESTIGATIONS DIVISION. 10 | |
| 253 | - | ||
| 254 | - | 6–601. 11 | |
| 255 | - | ||
| 256 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12 | |
| 257 | - | INDICATED. 13 | |
| 258 | - | ||
| 259 | - | (B) “DIVISION” MEANS THE INDEPENDENT INVESTIGATIONS DIVISION IN 14 | |
| 260 | - | THE OFFICE OF THE ATTORNEY GENERAL. 15 | |
| 261 | - | ||
| 262 | - | (C) “POLICE OFFICER ” HAS THE MEANING STAT ED IN § 3–201 OF THE 16 | |
| 263 | - | PUBLIC SAFETY ARTICLE. 17 | |
| 264 | - | ||
| 265 | - | [6–106.2.] 6–602. 18 | |
| 266 | - | ||
| 267 | - | (a) [In this section, “police officer” has the meaning stated in § 3–201 of the Public 19 | |
| 268 | - | Safety Article. 20 | |
| 269 | - | ||
| 270 | - | (b)] There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 21 | |
| 271 | - | within the Office of the Attorney General. 22 | |
| 272 | - | ||
| 273 | - | (B) (1) THE DIVISION IS THE PRIMA RY INVESTIGATIVE UNI T FOR 23 | |
| 274 | - | POLICE–INVOLVED INCIDENTS THAT RESULT IN THE DEATH OF CIVILIANS OR 24 | |
| 275 | - | INJURIES LIKELY TO R ESULT IN DEATH. 25 | |
| 276 | - | ||
| 277 | - | (2) THE OFFICE OF THE ATTORNEY GENERAL SHALL DETERMI NE 26 | |
| 278 | - | WHETHER AN INCIDENT IS POLICE–INVOLVED AND WHETHER AN INJURY IS LIKELY 27 | |
| 279 | - | TO RESULT IN DEATH . 28 | |
| 280 | - | ||
| 281 | - | (c) [(1)] The [Independent Investigative Unit] DIVISION: 29 | |
| 282 | - | SENATE BILL 896 7 | |
| 283 | - | ||
| 284 | - | ||
| 285 | - | (1) shall investigate all [alleged or potential police–involved deaths of 1 | |
| 286 | - | civilians.] POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF A CIVILIAN 2 | |
| 287 | - | OR INJURIES THAT ARE LIKELY TO RESULT IN THE DEATH OF A CIVIL IAN; AND 3 | |
| 288 | - | ||
| 289 | - | (2) [The Independent Investigative Unit] may investigate any other crimes 4 | |
| 290 | - | related to police misconduct that are discovered during an investigation under [paragraph] 5 | |
| 291 | - | ITEM (1) of this subsection. 6 | |
| 292 | - | ||
| 293 | - | (d) In conducting an investigation under subsection (c) of this section, the 7 | |
| 294 | - | [Independent Investigative Unit] DIVISION may act with the full powers, rights, 8 | |
| 295 | - | privileges, and duties of a State’s Attorney, including the use of a grand jury in any county. 9 | |
| 296 | - | ||
| 297 | - | (e) [(1) Within 15 days after completing an investigation required under 10 | |
| 298 | - | subsection (c) of this section, the Independent Investigative Unit shall transmit a report 11 | |
| 299 | - | containing detailed investigative findings to the State’s Attorney of the county that has 12 | |
| 300 | - | jurisdiction to prosecute the matter. 13 | |
| 301 | - | ||
| 302 | - | (2) Except as otherwise provided by law, the report under this subsection 14 | |
| 303 | - | shall remain confidential through adjudication of any associated criminal case at the trial 15 | |
| 304 | - | court level. 16 | |
| 305 | - | ||
| 306 | - | (f)] To investigate and assist with the investigation of alleged criminal offenses 17 | |
| 307 | - | committed by police officers, the [Independent Investigative Unit] DIVISION may: 18 | |
| 308 | - | ||
| 309 | - | (1) detail one or more police officers employed by the Department of State 19 | |
| 310 | - | Police; and 20 | |
| 311 | - | ||
| 312 | - | (2) employ other civilian personnel as needed. 21 | |
| 313 | - | ||
| 314 | - | [(g) (1) The Governor annually shall include funding in the State budget 22 | |
| 315 | - | sufficient to provide for the full and proper operation of the Independent Investigative Unit. 23 | |
| 316 | - | ||
| 317 | - | (2) Funds provided in accordance with this subsection shall supplement 24 | |
| 318 | - | and may not supplant any other funding provided to the Independent Investigative Unit.] 25 | |
| 319 | - | ||
| 320 | - | 6–603. 26 | |
| 321 | - | ||
| 322 | - | (A) (1) FOR THE LIMITED PURPO SE OF FURTHERING AN ONGOING 27 | |
| 323 | - | CRIMINAL INVESTIGATI ON, THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY 28 | |
| 324 | - | GENERAL OR AN ASSISTA NT ATTORNEY GENERAL DESIGNATED IN WRITING BY THE 29 | |
| 325 | - | ATTORNEY GENERAL MAY ISSUE IN ANY COURT IN THE STATE A SUBPOENA TO A 30 | |
| 326 | - | PERSON TO PRODUCE TELE PHONE, BUSINESS, GOVERNMENT , OR CORPORATE 31 | |
| 327 | - | RECORDS OR DOCUMENTS . 32 | |
| 328 | - | 8 SENATE BILL 896 | |
| 329 | - | ||
| 330 | - | ||
| 331 | - | (2) A SUBPOENA ISSUED UNDE R THIS SUBSECTION MA Y BE SERVED IN 1 | |
| 332 | - | THE SAME MANNER AS A SUBPOENA ISSUED BY A CIRCUIT COURT . 2 | |
| 333 | - | ||
| 334 | - | (B) (1) A PERSON MAY HAVE AN A TTORNEY PRESENT DU RING ANY 3 | |
| 335 | - | CONTACT MADE UNDER S UBSECTION (A) OF THIS SECTION WITH THE ATTORNEY 4 | |
| 336 | - | GENERAL OR AN AGENT O F THE ATTORNEY GENERAL. 5 | |
| 337 | - | ||
| 338 | - | (2) THE ATTORNEY GENERAL SHALL ADVISE A PERSON OF THE 6 | |
| 339 | - | RIGHT TO COUNSEL WHE N THE SUBPOENA IS SE RVED. 7 | |
| 340 | - | ||
| 341 | - | (C) (1) (I) IF A PERSON FAILS TO OBEY A LAWFULLY S ERVED 8 | |
| 342 | - | SUBPOENA UNDER SUBSE CTION (A) OF THIS SECTION , THE ATTORNEY GENERAL 9 | |
| 343 | - | MAY REPORT THE FAILU RE TO OBEY THE SUBPO ENA TO THE CIRCUIT C OURT WITH 10 | |
| 344 | - | JURISDICTION OVER TH E MATTER. 11 | |
| 345 | - | ||
| 346 | - | (II) THE ATTORNEY GENERAL SHALL PROVIDE A COPY OF THE 12 | |
| 347 | - | SUBPOENA AND PROOF OF S ERVICE TO THE CIRCUI T COURT. 13 | |
| 348 | - | ||
| 349 | - | (2) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON THAT 14 | |
| 350 | - | ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA ISSUED UNDER SUBS ECTION (A) 15 | |
| 351 | - | OF THIS SECTION HAS HAD AN OPPORTUNITY T O BE HEARD AND BE RE PRESENTED 16 | |
| 352 | - | BY COUNSEL, THE COURT MAY GRANT APPROPRIATE RELIEF . 17 | |
| 353 | - | ||
| 354 | - | (D) THIS SECTION DOES NOT ALLOW THE CONTRAVENT ION, DENIAL, OR 18 | |
| 355 | - | ABROGATION OF A PRIV ILEGE OR RIGHT RECOG NIZED BY LAW. 19 | |
| 356 | - | ||
| 357 | - | 6–604. 20 | |
| 358 | - | ||
| 359 | - | (A) IF AN INVESTIGATION C ONDUCTED UNDER § 6–602 OF THIS SUBTITLE 21 | |
| 360 | - | PROVIDES SUFFICIEN T GROUNDS FOR THE PR OSECUTION OF A POLIC E OFFICER, 22 | |
| 361 | - | THE DIVISION SHALL HAVE T HE FIRST OPPORTUNITY TO PROSECUTE OR DECL INE 23 | |
| 362 | - | TO PROSECUTE . 24 | |
| 363 | - | ||
| 364 | - | (B) (1) IF THE DIVISION DECLINES TO PROCEED WITH A PROSE CUTION, 25 | |
| 365 | - | IT SHALL TRANSMIT AL L MATERIALS RELATED TO THE CASE TO THE STATE’S 26 | |
| 366 | - | ATTORNEY THAT HAS JUR ISDICTION TO PROSECU TE THE MATTER . 27 | |
| 367 | - | ||
| 368 | - | (2) A STATE’S ATTORNEY MAY PROCEED WITH A PROSECUTION A T 28 | |
| 369 | - | THE DISCRETION OF TH E STATE’S ATTORNEY. 29 | |
| 370 | - | ||
| 371 | - | (C) (1) FOLLOWING TRANSMISSIO N OF A CASE TO A STATE’S ATTORNEY 30 | |
| 372 | - | UNDER SUBSECTION (B) OF THIS SECTION , THE DIVISION SHALL KEEP 31 | |
| 373 | - | CONFIDENTIAL ITS DEC ISION NOT TO ISSUE C HARGES FOR 90 DAYS. 32 | |
| 374 | - | SENATE BILL 896 9 | |
| 375 | - | ||
| 376 | - | ||
| 377 | - | (2) IF AFTER 90 DAYS THE STATE’S ATTORNEY HAS NOT ISSU ED 1 | |
| 378 | - | CHARGES IN THE CASE , THE DIVISION MAY ISSUE A REPORT DISCLOSING IT S 2 | |
| 379 | - | DECISION. 3 | |
| 380 | - | ||
| 381 | - | (D) ON OR BEFORE DECEMBER 1 EACH YEAR BEGINNING DECEMBER 1, 4 | |
| 382 | - | 2023, THE DIVISION SHALL REPORT TO THE LEGISLATIVE POLICY COMMITTEE, IN 5 | |
| 383 | - | ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, ON: 6 | |
| 384 | - | ||
| 385 | - | (1) THE NUMBER OF CASES REFERRED TO THE DIVISION; 7 | |
| 386 | - | ||
| 387 | - | (2) THE NUMBER OF CASES PROSECUTED BY T HE DIVISION; 8 | |
| 388 | - | ||
| 389 | - | (3) THE NUMBER OF CASES THAT THE DIVISION DECLINED TO 9 | |
| 390 | - | PROSECUTE; 10 | |
| 391 | - | ||
| 392 | - | (4) THE NUMBER OF CASES THAT THE STATE’S ATTORNEY ELECTED 11 | |
| 393 | - | TO PROSECUTE ; AND 12 | |
| 394 | - | ||
| 395 | - | (5) THE OUTCOME FOR CASE S PROSECUTED BY THE DIVISION. 13 | |
| 396 | - | ||
| 397 | - | 6–605. 14 | |
| 398 | - | ||
| 399 | - | (A) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THE REAFTER, THE 15 | |
| 400 | - | GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 16 | |
| 401 | - | AT LEAST $5,000,000 TO THE DIVISION. 17 | |
| 402 | - | ||
| 403 | - | (B) FUNDS PROVIDED IN ACC ORDANCE WITH THIS SU BSECTION SHALL 18 | |
| 404 | - | SUPPLEMENT AND MAY N OT SUPPLANT ANY OTHE R FUNDING PROVI DED TO THE 19 | |
| 405 | - | DIVISION. 20 | |
| 406 | - | ||
| 407 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21 | |
| 408 | - | 1, 2022. 22 | |
| 409 | - | ||
| 410 | - | ||
| 411 | - | ||
| 412 | - | ||
| 413 | - | Approved: | |
| 414 | - | ________________________________________________________________________________ | |
| 415 | - | Governor. | |
| 416 | - | ________________________________________________________________________________ | |
| 417 | - | President of the Senate. | |
| 418 | - | ________________________________________________________________________________ | |
| 419 | - | Speaker of the House of Delegates. | |
| 184 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 | |
| 185 | + | October 1, 2022. 32 |