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.
*sb0896*
SENATE BILL 896
E4 2lr2104
By: Senator Smith
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 23, 2022
CHAPTER ______
AN ACT concerning 1
Office of the Attorney General – Independent Investigations – Revisions 2
State Government – Attorney General – Independent Investigations Division 3
FOR the purpose of renaming the Independent Investigative Unit in the Office of the 4
Attorney General to be the Independent Investigations Division; altering the 5
jurisdiction of the Independent Investigations Division to investigate certain 6
incidents; establishing certain requirements for law enforcement agencies in relation 7
to an investigation under this Act; authorizing the Office of the Attorney General to 8
seek injunctive relief to enforce provisions of this Act; establishing procedures for the 9
proscution of a police officer by the Attorney General; and generally relating to 10
independent investigations by the Office of the Attorney General authorizing the 11
Attorney General or certain individuals designated by the Attorney General to seek 12
certain injunctive relief or issue a certain subpoena under certain circumstances; 13
authorizing the Independent Investigations Division or a certain State’s Attorney to 14
prosecute a police officer under certain circumstances; requiring the Governor to 15
annually include certain funding in the State budget; and generally relating to the 16
Independent Investigations Division in the Office of the Attorney General. 17
BY repealing and reenacting, with amendments, 18
Article – Public Safety 19
Section 3–527 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23 2 SENATE BILL 896
Article – State Government 1
Section 6–106.2 to be under the new subtitle “Subtitle 6. Independent Investigations 2
Division” 3
Annotated Code of Maryland 4
(2021 Replacement Volume) 5
BY adding to 6
Article – State Government 7
Section 6–601 and 6–603 through 6–605 8
Annotated Code of Maryland 9
(2021 Replacement Volume) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Public Safety 13
3–527. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this 16
title. 17
(3) “POLICE–INVOLVED INCIDENT ” MEANS AN INCIDENT INVOLVIN G 18
A POLICE OFFICER THA T RESULTS IN: 19
(I) THE DEATH OF A CIVIL IAN; OR 20
(II) INJURY TO A CIVILIAN THAT IS LIKELY TO RE SULT IN 21
DEATH. 22
(4) “Police officer” has the meaning stated in § 3–201 of this title. 23
(b) (1) A law enforcement agency shall notify the Independent [Investigative 24
Unit] INVESTIGATIONS DIVISION within the Office of the Attorney General of any alleged 25
or potential police–involved [death of a civilian] INCIDENT as soon as the law enforcement 26
agency becomes aware of the incident. 27
(2) THE INDEPENDENT INVESTIGATIONS DIVISION MAY, IN ITS 28
DISCRETION, DETERMINE WHETHER AN INCIDENT IS A POLICE –INVOLVED 29
INCIDENT. 30
(c) (1) THE INDEPENDENT INVESTIGATIONS DIVISION IS THE PRIMARY 31
INVESTIGATIVE UNIT I N POLICE–INVOLVED INCIDENTS . 32
SENATE BILL 896 3
(2) (I) A law enforcement agency shall cooperate with the Independent 1
[Investigative Unit] INVESTIGATIONS DIVISION in connection with the investigation of a 2
police–involved [death of a civilian] INCIDENT. 3
(II) ON REQUEST OF THE ATTORNEY GENERAL OR THE 4
ATTORNEY GENERAL’S DESIGNEE, A LAW ENFORCEMENT AG ENCY SHALL TURN 5
OVER TO THE INDEPENDENT INVESTIGATIONS DIVISION ANY EVIDENCE RELATED 6
TO A POLICE–INVOLVED INCIDENT TH AT IS IN THE CUSTODY OR CONTROL OF THE 7
LAW ENFORCEMENT AGEN CY. 8
(III) A LAW ENFORCEMENT AGEN CY MAY NOT ENGAGE IN 9
ACTIVITY THAT IMPEDE S OR INTERFERES WITH THE INVESTIGATION OF A 10
POLICE–INVOLVED INCIDENT BY THE INDEPENDENT INVESTIGATIONS DIVISION. 11
(IV) 1. THE OFFICE OF THE ATTORNEY GENERAL MAY SEEK 12
INJUNCTIVE RELIEF TO ENFORCE THIS PARAGRA PH AGAINST A LAW ENF ORCEMENT 13
AGENCY IN A COURT OF COMPETENT JURISDICTI ON IN THE STATE. 14
2. IN SEEKING AN INJUNCT ION UNDER THIS 15
SUBPARAGRAPH , THE OFFICE OF THE ATTORNEY GENERAL IS NOT REQUIRED TO: 16
A. POST BOND; 17
B. PROVE THAT AN ADEQUA TE REMEDY AT LAW DOE S 18
NOT EXIST; OR 19
C. PROVE THAT SUBSTANTI AL OR IRREPARABLE 20
DAMAGE WOULD RESULT FROM THE CONDUCT OF THE LAW ENFORCEMENT AGENCY. 21
Article – State Government 22
6–106.2. 23
(a) (1) In this section[, “police] THE FOLLOWING WORDS HAVE THE 24
MEANINGS INDICATED . 25
(2) “POLICE–INVOLVED INCIDENT ” HAS THE MEANING STAT ED IN § 26
3–527 OF THE PUBLIC SAFETY ARTICLE. 27
(3) “POLICE officer” has the meaning stated in § 3–201 of the Public Safety 28
Article. 29
(b) There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 30
within the Office of the Attorney General. 31
4 SENATE BILL 896
(c) (1) The Independent [Investigative Unit] INVESTIGATIONS DIVISION 1
shall investigate all alleged or potential police–involved [deaths of civilians] INCIDENTS. 2
(2) The Independent [Investigative Unit] INVESTIGATIONS DIVISION 3
may investigate any other crimes related to police misconduct that are discovered during 4
an investigation under paragraph (1) of this subsection. 5
(d) In conducting an investigation under subsection (c) of this section, the 6
Independent [Investigative Unit] INVESTIGATIONS DIVISION may act with the full 7
powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury 8
in any county. 9
(e) [(1) Within 15 days after completing an investigation required under 10
subsection (c) of this section, the Independent Investigative Unit shall transmit a report 11
containing detailed investigative findings to the State’s Attorney of the county that has 12
jurisdiction to prosecute the matter. 13
(2) Except as otherwise provided by law, the report under this subsection 14
shall remain confidential through adjudication of any associated criminal case at the trial 15
court level. 16
(f)] To investigate and assist with the investigation of alleged criminal offenses 17
committed by police officers, the Independent [Investigative Unit] INVESTIGATIONS 18
DIVISION may: 19
(1) detail one or more police officers employed by the Department of State 20
Police; and 21
(2) employ other civilian personnel as needed. 22
(F) (1) WITHIN 15 DAYS AFTER COMPLETIN G AN INVESTIGATION 23
REQUIRED UNDER SUBSE CTION (C) OF THIS SECTION , THE ATTORNEY GENERAL 24
SHALL TRANSMIT A REP ORT TO THE STATE’S ATTORNEY OF THE COUNT Y THAT HAS 25
JURISDICTION TO PROS ECUTE THE MATTER THA T: 26
(I) CONTAINS DETAILED IN VESTIGATIVE FINDINGS ; AND 27
(II) INDICATES WHETHER TH E ATTORNEY GENERAL 28
RECOMMENDS PROSECUTI ON. 29
(2) (I) IF THE ATTORNEY GENERAL RECOMMENDS PROSECUTION 30
OF A POLICE OFFICER , WITHIN 45 DAYS OF RECEIVING TH E REPORT UNDER THIS 31
SUBSECTION, THE STATE’S ATTORNEY SHALL NOTIFY THE ATTORNEY GENERAL 32
WHETHER THE STATE’S ATTORNEY INTENDS TO P ROSECUTE THE CASE . 33
SENATE BILL 896 5
(II) IF THE STATE’S ATTORNEY DECLINES TO PROSECUTE THE 1
CASE OR FAILS TO NOT IFY THE ATTORNEY GENERAL AS REQUIRED U NDER 2
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE ATTORNEY GENERAL MAY 3
PROSECUTE THE POLICE OFFICER. 4
(g) (1) The Governor annually shall include funding in the State budget 5
sufficient to provide for the full and proper operation of the Independent [Investigative 6
Unit] INVESTIGATIONS DIVISION. 7
(2) Funds provided in accordance with this subsection shall supplement 8
and may not supplant any other funding provided to the Independent [Investigative Unit] 9
INVESTIGATIONS DIVISION. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this 14
title. 15
(3) “Police officer” has the meaning stated in § 3–201 of this title. 16
(b) A law enforcement agency shall notify the Independent [Investigative Unit] 17
INVESTIGATIONS DIVISION within the Office of the Attorney General of any [alleged or 18
potential police–involved death of a civilian] POLICE–INVOLVED INCIDENT TH AT 19
RESULTS IN THE DEATH OF A CIVILIAN OR INJ URIES THAT ARE LIKEL Y TO RESULT 20
IN THE DEATH OF A CIVILIAN as soon as the law enforcement agency becomes aware of 21
the incident. 22
(c) (1) A law enforcement agency shall cooperate with AND MAY NOT IMPEDE 23
the Independent [Investigative Unit] INVESTIGATIONS DIVISION in connection with the 24
investigation AND PROSECUTION of a police–involved death of a civilian. 25
(2) ON REQUEST OF THE ATTORNEY GENERAL OR THE ATTORNEY 26
GENERAL’S DESIGNEE, A LOCAL LAW ENFORCEM ENT AGENCY SHALL PRO VIDE ANY 27
REQUESTED EVIDENCE T O THE INDEPENDENT INVESTIGATIONS DIVISION. 28
(D) (1) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S 29
DESIGNEE MAY SEEK TE MPORARY OR PERMANENT INJUNCTIVE RELIEF IN A COURT 30
OF COMPETENT JURISDI CTION IN ORDER TO FA CILITATE AN INVESTIG ATION OR TO 31
PREVENT INTERFERENCE WITH AN INVESTIGATIO N. 32
6 SENATE BILL 896
(2) IN A REQUEST FOR INJUNCTIVE RELIEF BR OUGHT UNDER THIS 1
SUBSECTION, THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 2
IS NOT REQUIRED TO : 3
(I) POST BOND; 4
(II) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW 5
DOES NOT EXIST; OR 6
(III) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE 7
DAMAGE WOULD RESULT FROM ANY CONDUCT ALL EGED. 8
Article – State Government 9
SUBTITLE 6. INDEPENDENT INVESTIGATIONS DIVISION. 10
6–601. 11
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(B) “DIVISION” MEANS THE INDEPENDENT INVESTIGATIONS DIVISION IN 14
THE OFFICE OF THE ATTORNEY GENERAL. 15
(C) “POLICE OFFICER ” HAS THE MEANING STAT ED IN § 3–201 OF THE 16
PUBLIC SAFETY ARTICLE. 17
[6–106.2.] 6–602. 18
(a) [In this section, “police officer” has the meaning stated in § 3–201 of the Public 19
Safety Article. 20
(b)] There is an Independent [Investigative Unit] INVESTIGATIONS DIVISION 21
within the Office of the Attorney General. 22
(B) (1) THE DIVISION IS THE PRIMA RY INVESTIGATIVE UNI T FOR 23
POLICE–INVOLVED INCIDENTS THAT RESULT IN THE DEATH OF CIVILIANS OR 24
INJURIES LIKELY TO R ESULT IN DEATH. 25
(2) THE OFFICE OF THE ATTORNEY GENERAL SHALL DETERMI NE 26
WHETHER AN INCIDENT IS POLICE–INVOLVED AND WHETHER AN INJURY IS LIKELY 27
TO RESULT IN DEATH . 28
(c) [(1)] The [Independent Investigative Unit] DIVISION: 29
SENATE BILL 896 7
(1) shall investigate all [alleged or potential police–involved deaths of 1
civilians.] POLICE–INVOLVED INCIDENTS T HAT RESULT IN THE DE ATH OF A CIVILIAN 2
OR INJURIES THAT ARE LIKELY TO RESULT IN THE DEATH OF A CIVIL IAN; AND 3
(2) [The Independent Investigative Unit] may investigate any other crimes 4
related to police misconduct that are discovered during an investigation under [paragraph] 5
ITEM (1) of this subsection. 6
(d) In conducting an investigation under subsection (c) of this section, the 7
[Independent Investigative Unit] DIVISION may act with the full powers, rights, 8
privileges, and duties of a State’s Attorney, including the use of a grand jury in any county. 9
(e) [(1) Within 15 days after completing an investigation required under 10
subsection (c) of this section, the Independent Investigative Unit shall transmit a report 11
containing detailed investigative findings to the State’s Attorney of the county that has 12
jurisdiction to prosecute the matter. 13
(2) Except as otherwise provided by law, the report under this subsection 14
shall remain confidential through adjudication of any associated criminal case at the trial 15
court level. 16
(f)] To investigate and assist with the investigation of alleged criminal offenses 17
committed by police officers, the [Independent Investigative Unit] DIVISION may: 18
(1) detail one or more police officers employed by the Department of State 19
Police; and 20
(2) employ other civilian personnel as needed. 21
[(g) (1) The Governor annually shall include funding in the State budget 22
sufficient to provide for the full and proper operation of the Independent Investigative Unit. 23
(2) Funds provided in accordance with this subsection shall supplement 24
and may not supplant any other funding provided to the Independent Investigative Unit.] 25
6–603. 26
(A) (1) FOR THE LIMITED PURPO SE OF FURTHERING AN ONGOING 27
CRIMINAL INVESTIGATI ON, THE ATTORNEY GENERAL OR A DEPUTY ATTORNEY 28
GENERAL OR AN ASSISTA NT ATTORNEY GENERAL DESIGNATED IN WRITING BY THE 29
ATTORNEY GENERAL MAY ISSUE IN ANY COURT IN THE STATE A SUBPOENA TO A 30
PERSON TO PRODUCE TELE PHONE, BUSINESS, GOVERNMENT , OR CORPORATE 31
RECORDS OR DOCUMENTS . 32
8 SENATE BILL 896
(2) A SUBPOENA ISSUED UNDE R THIS SUBSECTION MA Y BE SERVED IN 1
THE SAME MANNER AS A SUBPOENA ISSUED BY A CIRCUIT COURT . 2
(B) (1) A PERSON MAY HAVE AN A TTORNEY PRESENT DU RING ANY 3
CONTACT MADE UNDER S UBSECTION (A) OF THIS SECTION WITH THE ATTORNEY 4
GENERAL OR AN AGENT O F THE ATTORNEY GENERAL. 5
(2) THE ATTORNEY GENERAL SHALL ADVISE A PERSON OF THE 6
RIGHT TO COUNSEL WHE N THE SUBPOENA IS SE RVED. 7
(C) (1) (I) IF A PERSON FAILS TO OBEY A LAWFULLY S ERVED 8
SUBPOENA UNDER SUBSE CTION (A) OF THIS SECTION , THE ATTORNEY GENERAL 9
MAY REPORT THE FAILU RE TO OBEY THE SUBPO ENA TO THE CIRCUIT C OURT WITH 10
JURISDICTION OVER TH E MATTER. 11
(II) THE ATTORNEY GENERAL SHALL PROVIDE A COPY OF THE 12
SUBPOENA AND PROOF OF S ERVICE TO THE CIRCUI T COURT. 13
(2) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON THAT 14
ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA ISSUED UNDER SUBS ECTION (A) 15
OF THIS SECTION HAS HAD AN OPPORTUNITY T O BE HEARD AND BE RE PRESENTED 16
BY COUNSEL, THE COURT MAY GRANT APPROPRIATE RELIEF . 17
(D) THIS SECTION DOES NOT ALLOW THE CONTRAVENT ION, DENIAL, OR 18
ABROGATION OF A PRIV ILEGE OR RIGHT RECOG NIZED BY LAW. 19
6–604. 20
(A) IF AN INVESTIGATION C ONDUCTED UNDER § 6–602 OF THIS SUBTITLE 21
PROVIDES SUFFICIEN T GROUNDS FOR THE PR OSECUTION OF A POLIC E OFFICER, 22
THE DIVISION SHALL HAVE T HE FIRST OPPORTUNITY TO PROSECUTE OR DECL INE 23
TO PROSECUTE . 24
(B) (1) IF THE DIVISION DECLINES TO PROCEED WITH A PROSE CUTION, 25
IT SHALL TRANSMIT AL L MATERIALS RELATED TO THE CASE TO THE STATE’S 26
ATTORNEY THAT HAS JUR ISDICTION TO PROSECU TE THE MATTER . 27
(2) A STATE’S ATTORNEY MAY PROCEED WITH A PROSECUTION A T 28
THE DISCRETION OF TH E STATE’S ATTORNEY. 29
(C) (1) FOLLOWING TRANSMISSIO N OF A CASE TO A STATE’S ATTORNEY 30
UNDER SUBSECTION (B) OF THIS SECTION , THE DIVISION SHALL KEEP 31
CONFIDENTIAL ITS DEC ISION NOT TO ISSUE C HARGES FOR 90 DAYS. 32
SENATE BILL 896 9
(2) IF AFTER 90 DAYS THE STATE’S ATTORNEY HAS NOT ISSU ED 1
CHARGES IN THE CASE , THE DIVISION MAY ISSUE A REPORT DISCLOSING IT S 2
DECISION. 3
(D) ON OR BEFORE DECEMBER 1 EACH YEAR BEGINNING DECEMBER 1, 4
2023, THE DIVISION SHALL REPORT TO THE LEGISLATIVE POLICY COMMITTEE, IN 5
ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, ON: 6
(1) THE NUMBER OF CASES REFERRED TO THE DIVISION; 7
(2) THE NUMBER OF CASES PROSECUTED BY T HE DIVISION; 8
(3) THE NUMBER OF CASES THAT THE DIVISION DECLINED TO 9
PROSECUTE; 10
(4) THE NUMBER OF CASES THAT THE STATE’S ATTORNEY ELECTED 11
TO PROSECUTE ; AND 12
(5) THE OUTCOME FOR CASE S PROSECUTED BY THE DIVISION. 13
6–605. 14
(A) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THE REAFTER, THE 15
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 16
AT LEAST $5,000,000 TO THE DIVISION. 17
(B) FUNDS PROVIDED IN ACC ORDANCE WITH THIS SU BSECTION SHALL 18
SUPPLEMENT AND MAY N OT SUPPLANT ANY OTHE R FUNDING PROVI DED TO THE 19
DIVISION. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2022. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.