EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0117*
HOUSE BILL 117
E4 3lr0331
(PRE–FILED)
By: Delegate S. Johnson
Requested: August 17, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Certification of Police Officers – Physical Agility Assessment – Exemption 2
FOR the purpose of exempting an individual from the physical agility assessment required 3
for certification as a police officer in the State if the individual was a certain police 4
officer or a certain equivalent on or before a certain date and has a certain number 5
of years of service as a police officer or a certain equivalent; and generally relating 6
to the certification of police officers. 7
BY repealing and reenacting, without amendments, 8
Article – Public Safety 9
Section 3–201(a) and (f) 10
Annotated Code of Maryland 11
(2022 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – Public Safety 14
Section 3–209 15
Annotated Code of Maryland 16
(2022 Replacement Volume) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Public Safety 20
3–201. 21
(a) In this subtitle the following words have the meanings indicated. 22
(f) (1) “Police officer” means an individual who: 23 2 HOUSE BILL 117
(i) is authorized to enforce the general criminal laws of the State; 1
and 2
(ii) is a member of one of the following law enforcement agencies: 3
1. the Department of State Police; 4
2. the Police Department of Baltimore City; 5
3. the police department, bureau, or force of a county; 6
4. the police department, bureau, or force of a municipal 7
corporation; 8
5. the Maryland Transit Administration police force; 9
6. the Maryland Transportation Authority Police; 10
7. the police forces of the University System of Maryland; 11
8. the police force of Morgan State University; 12
9. the office of the sheriff of a county; 13
10. the police forces of the Department of Natural Resources; 14
11. the police force of the Maryland Capitol Police of the 15
Department of General Services; 16
12. the police force of a State, county, or municipal corporation 17
if the special police officers are appointed under Subtitle 3 of this title; 18
13. the Housing Authority of Baltimore City Police Force; 19
14. the Baltimore City School Police Force; 20
15. the Crofton Police Department; 21
16. the Washington Suburban Sanitary Commission Police 22
Force; 23
17. the Ocean Pines Police Department; 24
18. the police force of the Baltimore City Community College; 25
19. the police force of the Hagerstown Community College; 26 HOUSE BILL 117 3
20. the Warrant Apprehension Unit of the Intelligence and 1
Investigative Division in the Department; 2
21. the police force of the Anne Arundel Community College; 3
or 4
22. the police department of the Johns Hopkins University 5
established in accordance with Title 24, Subtitle 12 of the Education Article. 6
(2) “Police officer” includes: 7
(i) a member of the Field Enforcement Bureau of the Comptroller’s 8
Office; 9
(ii) a member of the Field Enforcement Division of the Alcohol and 10
Tobacco Commission; 11
(iii) the State Fire Marshal or a deputy State fire marshal; 12
(iv) an investigator of the Intelligence and Investigative Division of 13
the Department; 14
(v) a Montgomery County fire and explosive investigator as defined 15
in § 2–208.1 of the Criminal Procedure Article; 16
(vi) an Anne Arundel County or City of Annapolis fire and explosive 17
investigator as defined in § 2–208.2 of the Criminal Procedure Article; 18
(vii) a Prince George’s County fire and explosive investigator as 19
defined in § 2–208.3 of the Criminal Procedure Article; 20
(viii) a Worcester County fire and explosive investigator as defined in 21
§ 2–208.4 of the Criminal Procedure Article; 22
(ix) a City of Hagerstown fire and explosive investigator as defined 23
in § 2–208.5 of the Criminal Procedure Article; and 24
(x) a Howard County fire and explosive investigator as defined in § 25
2–208.6 of the Criminal Procedure Article. 26
(3) “Police officer” does not include: 27
(i) an individual who serves as a police officer only because the 28
individual occupies another office or position; 29
4 HOUSE BILL 117
(ii) a sheriff, the Secretary of State Police, a commissioner of police, 1
a deputy or assistant commissioner of police, a chief of police, a deputy or assistant chief of 2
police, or another individual with an equivalent title who is appointed or employed by a 3
government to exercise equivalent supervisory authority; or 4
(iii) a member of the Maryland National Guard who: 5
1. is under the control and jurisdiction of the Military 6
Department; 7
2. is assigned to the military property designated as the 8
Martin State Airport; and 9
3. is charged with exercising police powers in and for the 10
Martin State Airport. 11
3–209. 12
(a) The Commission shall certify as a police officer each individual who: 13
(1) (i) satisfactorily meets the standards of the Commission; or 14
(ii) provides the Commission with sufficient evidence that the 15
individual has satisfactorily completed a training program in another state of equal quality 16
and content as required by the Commission; 17
(2) submits to a mental health screening by a licensed mental health 18
professional; 19
(3) EXCEPT AS PROVIDED I N SUBSECTION (G) OF THIS SECTION , 20
submits to a physical agility assessment as determined by the Commission; 21
(4) submits to a criminal history records check in accordance with § 22
3–209.1 of this subtitle; and 23
(5) (i) is a United States citizen; or 24
(ii) subject to subsection (b) of this section, is a permanent legal 25
resident of the United States and an honorably discharged veteran of the United States 26
armed forces, provided that the individual has applied to obtain United States citizenship 27
and the application is still pending approval. 28
(b) The certification of a police officer who fails to obtain United States citizenship 29
as required by subsection [(a)(4)(ii)] (A)(5)(II) of this section shall be terminated by the 30
Commission. 31
HOUSE BILL 117 5
(c) The Commission may certify as a police officer an individual who is not 1
considered a police officer under § 3–201(f)(3) of this subtitle if the individual meets the 2
selection and training standards of the Commission. 3
(d) Each certificate issued to a police officer under this subtitle remains the 4
property of the Commission. 5
(e) [As] EXCEPT AS PROVIDE D IN SUBSECTION (G) OF THIS SECTION , AS a 6
condition of certification, a police officer shall submit to a mental health assessment every 7
2 years and an annual physical agility assessment to establish continuing fitness to carry 8
out the officer’s assigned duties as a police officer. 9
(f) Prior cannabis use is not a disqualifier for certification as a police officer. 10
(G) AN INDIVIDUAL IS NOT REQUIRED TO SUBMIT TO THE PHY SICAL AGILITY 11
ASSESSMENT REQUIRED UNDER THIS SECTION I F THE INDIVIDUAL : 12
(1) WAS A POLICE OFFICER , OR THE EQUIVALENT OF A POLICE 13
OFFICER IN ANOTHER S TATE, BEFORE JANUARY 1, 2012; AND 14
(2) AT THE TIME OF APPLICATION FOR CERTIFICATION UNDER THIS 15
SECTION, HAS A CUMULATIVE TOT AL OF AT LEAST 20 YEARS OF SERVICE AS A POLICE 16
OFFICER, OR THE EQUIVALENT OF A POLICE OFFICER IN ANOTHER STATE . 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2023. 19