MD
Maryland Senate Bill SB906

Maryland 2022 Regular Session

Maryland Senate Bill SB906 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 278
21
3-– 1 –
4-Chapter 278
5-(Senate Bill 906)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0906*
89
9-Carroll County – State’s Attorney – Restrictions on Practice
10+SENATE BILL 906
11+D2, E2 2lr2940
12+ CF HB 692
13+By: Carroll County Senators
14+Introduced and read first time: February 9, 2022
15+Assigned to: Rules
16+Re–referred to: Judicial Proceedings, February 25, 2022
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: March 16, 2022
1020
11-FOR the purpose of prohibiting the State’s Attorney in Carroll County from engaging in
12-the private practice of law; and generally relating to State’s Attorneys and Carroll
13-County.
21+CHAPTER ______
1422
15-BY repealing and reenacting, with amendments,
16- Article – Criminal Procedure
17-Section 15–407
18- Annotated Code of Maryland
19- (2018 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2024
21- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22-That the Laws of Maryland read as follows:
25+Carroll County – State’s Attorney – Restrictions on Practice 2
2326
24-Article – Criminal Procedure
27+FOR the purpose of prohibiting the State’s Attorney in Carroll County from engaging in 3
28+the private practice of law; and generally relating to State’s Attorneys and Carroll 4
29+County. 5
2530
26-15–407.
31+BY repealing and reenacting, with amendments, 6
32+ Article – Criminal Procedure 7
33+Section 15–407 8
34+ Annotated Code of Maryland 9
35+ (2018 Replacement Volume and 2021 Supplement) 10
2736
28- (a) This section applies only in Carroll County.
37+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
38+That the Laws of Maryland read as follows: 12
2939
30- (b) (1) (i) The State’s Attorney’s salary is the following percentages of the
31-salary of a judge of the District Court of Maryland:
40+Article – Criminal Procedure 13
3241
33- 1. 80%, ending on December 3, 2018;
42+15–407. 14
3443
35- 2. 90%, beginning on December 4, 2018; and
44+ (a) This section applies only in Carroll County. 15
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37- 3. 100%, beginning on December 3, 2019, and thereafter.
46+ (b) (1) (i) The State’s Attorney’s salary is the following percentages of the 16
47+salary of a judge of the District Court of Maryland: 17
48+ 2 SENATE BILL 906
3849
39- (ii) A salary increase shall take effect at the beginning of the elected
40-term of office and may not increase during the term of office.
4150
42- (2) The county commissioners shall:
51+ 1. 80%, ending on December 3, 2018; 1
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44- (i) provide space for the offices of the State’s Attorney and pay the
45-expenses of the office, including general operating expenses, equipment costs, and
46-reasonable costs for secretarial or stenographic needs; or
53+ 2. 90%, beginning on December 4, 2018; and 2
4754
48- (ii) as determined by the county commissioners, pay a reasonable
49-allowance to reimburse the State’s Attorney for the costs of the operation of the office. Ch. 278 2022 LAWS OF MARYLAND
55+ 3. 100%, beginning on December 3, 2019, and thereafter. 3
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51-– 2 –
57+ (ii) A salary increase shall take effect at the beginning of the elected 4
58+term of office and may not increase during the term of office. 5
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53- (c) (1) The State’s Attorney:
60+ (2) The county commissioners shall: 6
5461
55- (i) may appoint two deputy State’s Attorneys and the number of
56-assistant State’s Attorneys necessary to staff the office; and
62+ (i) provide space for the offices of the State’s Attorney and pay the 7
63+expenses of the office, including general operating expenses, equipment costs, and 8
64+reasonable costs for secretarial or stenographic needs; or 9
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58- (ii) subject to the approval of the county commissioners, shall set the
59-salaries for the deputy and assistant State’s Attorneys.
66+ (ii) as determined by the county commissioners, pay a reasonable 10
67+allowance to reimburse the State’s Attorney for the costs of the operation of the office. 11
6068
61- (2) (i) In addition to the assistant State’s Attorneys appointed under
62-paragraph (1) of this subsection, if both the State’s Attorney and the resident judge of the
63-circuit court of the county consider it necessary and the judge approves, the State’s Attorney
64-may appoint an assistant State’s Attorney.
69+ (c) (1) The State’s Attorney: 12
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66- (ii) The county commissioners shall set the salary of an assistant
67-State’s Attorney appointed under this paragraph.
71+ (i) may appoint two deputy State’s Attorneys and the number of 13
72+assistant State’s Attorneys necessary to staff the office; and 14
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69- (d) The State’s Attorney shall serve full time AND MAY NOT ENGAGE I N THE
70-PRIVATE PRACTICE OF LAW.
74+ (ii) subject to the approval of the county commissioners, shall set the 15
75+salaries for the deputy and assistant State’s Attorneys. 16
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72- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
73-October 1, 2022.
77+ (2) (i) In addition to the assistant State’s Attorneys appointed under 17
78+paragraph (1) of this subsection, if both the State’s Attorney and the resident judge of the 18
79+circuit court of the county consider it necessary and the judge approves, the State’s Attorney 19
80+may appoint an assistant State’s Attorney. 20
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75-Approved by the Governor, May 12, 2022.
82+ (ii) The county commissioners shall set the salary of an assistant 21
83+State’s Attorney appointed under this paragraph. 22
84+
85+ (d) The State’s Attorney shall serve full time AND MAY NOT ENGAGE I N THE 23
86+PRIVATE PRACTICE OF LAW. 24
87+
88+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
89+October 1, 2022. 26
90+