Maryland 2023 Regular Session

Maryland House Bill HB1197 Compare Versions

Only one version of the bill is available at this time.

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	5	hb1197
6	6
7	7	HOUSE BILL 1197
8	8	E4 3lr2623
9	9	HB 991/22 – JUD
10	10	By: Delegate Smith
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Baltimore City – Civilian Review Board and Police Accountability Board 2
19	19
20	20	FOR the purpose of altering the powers and duties of the Baltimore City Civilian Review 3
21	21	Board; altering the powers and duties of the Baltimore City police accountability 4
22	22	board; repealing the Baltimore City Civilian Review Board; and generally relating 5
23	23	to the Baltimore City Civilian Review Board and the police accountability board. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	The Public Local Laws of Baltimore City 8
27	27	Section 16–42 9
28	28	Article 4 – Public Local Laws of Maryland 10
29	29	(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 11
30	30	(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 12
31	31
32	32	BY adding to 13
33	33	The Public Local Laws of Baltimore City 14
34	34	Section 16–56 15
35	35	Article 4 – Public Local Laws of Maryland 16
36	36	(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 17
37	37
38	38	BY repealing 18
39	39	The Public Local Laws of Baltimore City 19
40	40	Section 16–41, 16–42, and 16–44 20
41	41	Article 4 – Public Local Laws of Maryland 21
42	42	(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 22
43	43	(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 23
44	44
45	45	BY repealing 24
46	46	The Public Local Laws of Baltimore City 25
47	47	Section 16–43 and 16–45 through 16–54 26
48	48	Article 4 – Public Local Laws of Maryland 27 2 HOUSE BILL 1197
49	49
50	50
51	51	(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54	54	That the Laws of Maryland read as follows: 3
55	55
56	56	Article 4 – Baltimore City 4
57	57
58	58	16–42. 5
59	59
60	60	(a) The Civilian Review Board of Baltimore City is established to provide a 6
61	61	permanent, statutory agency in Baltimore City through which: 7
62	62
63	63	(1) complaints lodged by members of the public regarding [abusive 8
64	64	language, false arrest, false imprisonment, harassment, or excessive force] MISCONDUCT 9
65	65	by police officers of a law enforcement unit shall be processed, investigated under § 16–46 10
66	66	of this subheading, and evaluated; and 11
67	67
68	68	(2) policies of a law enforcement unit may be reviewed. 12
69	69
70	70	(b) [Jurisdiction] SUBJECT TO SUBSE CTION (C) OF THIS SECTION , 13
71	71	JURISDICTION of the Board shall extend [only to complaints against police officers with 14
72	72	respect to abusive language, false arrest, false imprisonment, harassment, and use of 15
73	73	excessive force as defined in § 16–41 of this subheading and by the law enforcement unit’s 16
74	74	rules and regulations] TO ALL COMPLAINTS MA DE BY MEMBERS OF THE PUBLIC 17
75	75	REGARDING MISCONDUCT BY POLICE OFFICERS . 18
76	76
77	77	(C) (1) (I) THE BOARD MAY EXERCISE CO NCURRENT JURISDICTIO N 19
78	78	WITH THE POLICE INTEGRITY BUREAU IN THE INVESTI GATION OF COMPLAINTS THE 20
79	79	BOARD CONSIDERS APPRO PRIATE. 21
80	80
81	81	(II) THE BOARD SHALL REPORT IT S FINDINGS TO THE POLICE 22
82	82	INTEGRITY BUREAU. 23
83	83
84	84	(2) THE BOARD MAY NOT EXERCIS E JURISDICTION OVER MATTERS 24
85	85	WITHIN THE JURISDICT ION OF AN ADMINISTRA TIVE CHARGING COMMIT TEE 25
86	86	ESTABLISHED IN ACCORD ANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF 26
87	87	THE ANNOTATED CODE. 27
88	88
89	89	(D) (1) THE BOARD MAY ISSUE A SUB POENA, SIGNED BY THE CHAIR OF 28
90	90	THE BOARD, TO COMPEL: 29
91	91
92	92	(I) THE ATTENDANCE AND T ESTIMONY OF A WITNES S OTHER 30
93	93	THAN THE ACCUSED OFFICER; AND 31
94	94	HOUSE BILL 1197 3
95	95
96	96
97	97	(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 1
98	98	DOCUMENT . 2
99	99
100	100	(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 3
101	101	PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE BOARD, A COURT OF 4
102	102	COMPETENT JURISDICTI ON MAY COMPEL COMPLI ANCE WITH THE SUBPOENA . 5
103	103
104	104	[(c)] (E) A law enforcement unit shall place posters in all law enforcement unit 6
105	105	stations and elsewhere throughout the City to explain the procedure for filing a complaint. 7
106	106
107	107	[(d)] (F) An explanation of the Board’s complaint procedures shall be made to all 8
108	108	police officers in a general order to be included in the manual of rules and procedures of a 9
109	109	law enforcement unit, and shall be included in the training program for new police officers. 10
110	110
111	111	[(e)] (G) Each member of the Board shall receive training on the issues of 11
112	112	abusive language, false arrest, false imprisonment, harassment, and excessive force. 12
113	113
114	114	(H) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY SHALL INCLUDE AN 13
115	115	APPROPRIATION TO FUN D THE BALTIMORE CITY CIVILIAN REVIEW BOARD THAT IS 14
116	116	NOT LESS THAN $1,500,000. 15
117	117
118	118	(2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY USE THE 16
119	119	FUNDS DESCRIBED IN P ARAGRAPH (1) OF THIS SUBSECTION F OR: 17
120	120
121	121	(I) EMPLOYING STAFF AND INVESTIGATORS ; 18
122	122
123	123	(II) HIRING OR CONTRACTIN G FOR LEGAL COUNSEL , SUBJECT 19
124	124	TO A MEMORANDUM OF UNDERS TANDING WITH THE CITY SOLICITOR FOR 20
125	125	BALTIMORE CITY; AND 21
126	126
127	127	(III) ANY OTHER EXPENDITUR E APPROVED BY A QUOR UM OF THE 22
128	128	BALTIMORE CITY CIVILIAN REVIEW BOARD. 23
129	129
130	130	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
131	131	as follows: 25
132	132
133	133	Article 4 – Baltimore City 26
134	134
135	135	16–56. 27
136	136
137	137	(A) IN THIS SECTION, “BOARD” MEANS A POLICE ACCOU NTABILITY BOARD 28
138	138	ESTABLISHED UNDER § 3–102 OF THE PUBLIC SAFETY ARTICLE OF THE 29
139	139	ANNOTATED CODE. 30
140	140	4 HOUSE BILL 1197
141	141
142	142
143	143	(B) THE BOARD MAY NOT EXE RCISE JURISDICTION O VER MATTERS WITHIN 1
144	144	THE JURISDICTION OF AN ADMI NISTRATIVE CHARGING COMMITTEE ESTABLISHE D 2
145	145	IN ACCORDANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF THE 3
146	146	ANNOTATED CODE. 4
147	147
148	148	(C) A LAW ENFORCEMENT AGEN CY SHALL PLACE POSTE RS IN EACH 5
149	149	STATION OF THE LAW E NFORCEMENT AGENCY AN D ELSEWHERE THRO UGHOUT THE 6
150	150	CITY TO EXPLAIN THE P ROCEDURE FOR FILING A COMPLAINT WITH THE BOARD 7
151	151	AGAINST A LAW ENFORC EMENT OFFICER . 8
152	152
153	153	(D) AN EXPLANATION OF THE COMPLAINT PROCEDURES FOR THE BOARD 9
154	154	SHALL BE: 10
155	155
156	156	(1) MADE TO ALL POLICE O FFICERS IN A GENERAL ORDER TO BE 11
157	157	INCLUDED IN THE MANU AL OF RULES AND PROC EDURES OF THE LAW 12
158	158	ENFORCEMENT AGENCY ; AND 13
159	159
160	160	(2) INCLUDED IN THE TRAI NING PROGRAM FOR NEW POLICE 14
161	161	OFFICERS. 15
162	162
163	163	(E) EACH MEMBER OF THE BO ARD SHALL RECEIVE TR AINING ON THE 16
164	164	ISSUES OF ABUSIVE LA NGUAGE, FALSE ARREST , FALSE IMPRISONMENT , 17
165	165	HARASSMENT , AND EXCESSIVE FORCE . 18
166	166
167	167	(F) (1) THE BOARD MAY ISSUE A SUBPOENA, SIGNED BY THE CHAIR OF 19
168	168	THE BOARD, TO COMPEL: 20
169	169
170	170	(I) THE ATTENDANCE AND T ESTIMONY OF A WITNES S OTHER 21
171	171	THAN THE AC CUSED OFFICER ; AND 22
172	172
173	173	(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 23
174	174	DOCUMENT . 24
175	175
176	176	(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 25
177	177	PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE B OARD, A COURT OF 26
178	178	COMPETENT JURISDICTI ON MAY COMPEL COMP LIANCE WITH THE SUBP OENA. 27
179	179
180	180	(G) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY SHALL INCLUDE AN 28
181	181	APPROPRIATION TO FUN D THE BOARD THAT IS NOT LESS THA N $1,500,000. 29
182	182
183	183	(2) THE BOARD MAY USE THE FUNDS DE SCRIBED IN PARAGRAPH (1) 30
184	184	OF THIS SUBSECTION FOR: 31
185	185
186	186	(I) EMPLOYING STAFF AND INVESTIGATORS ; 32 HOUSE BILL 1197 5
187	187
188	188
189	189
190	190	(II) HIRING OR CONTRACTIN G FOR LEGAL COUNSEL , SUBJECT 1
191	191	TO A MEMORANDUM OF U NDERSTANDING WITH TH E CITY SOLICITOR FOR 2
192	192	BALTIMORE CITY; AND 3
193	193
194	194	(III) ANY OTHER EXPENDITUR E APPROVED BY A QUOR UM OF THE 4
195	195	BOARD. 5
196	196
197	197	SECTION 3. AND BE IT FURTHER ENACTED, That: 6
198	198
199	199	(a) On or before July 31, 2023: 7
200	200
201	201	(1) the City Solicitor for Baltimore City shall execute a memorandum of 8
202	202	understanding with the Baltimore City Civilian Review Board and the subsequent police 9
203	203	accountability board for Baltimore City agreeing to the right of each of the boards to hire 10
204	204	independent counsel; 11
205	205
206	206	(2) the City Solicitor for Baltimore City, the Baltimore City Civilian Review 12
207	207	Board, and the police accountability board established under § 1–302 of the Public Safety 13
208	208	Article of the Annotated Code of Maryland shall execute a memorandum of understanding 14
209	209	to accommodate the complete transition of the duties and responsibilities of the Civilian 15
210	210	Review Board to the police accountability board on or before April 1, 2024. 16
211	211
212	212	(b) The memorandum of understanding entered into under subsection (a)(2) of 17
213	213	this section shall include agreements relating to: 18
214	214
215	215	(1) the transition of all appropriations, including State and federal funds, 19
216	216	held by the Baltimore City Civilian Review Board to carry out the functions, programs, and 20
217	217	services transferred under this Act; 21
218	218
219	219	(2) the transfer of employees to the police accountability board for 22
220	220	Baltimore City without diminution of their rights, benefits, employment, or retirement 23
221	221	status; and 24
222	222
223	223	(3) except as otherwise provided by law, the continuation of the application 25
224	224	of existing laws, regulations, proposed regulations, standards and guides, policies, orders 26
225	225	and other directives, forms, plans, memberships, contracts, property, investigations, 27
226	226	administrative and judicial responsibilities, rights to sue and be sued, and all other duties 28
227	227	and responsibilities associated with the functions of the Baltimore City Civilian Review 29
228	228	Board to the police accountability board. 30
229	229
230	230	SECTION 4. AND BE IT FURTHER EN ACTED, That, subject to Section 7 of this 31
231	231	Act, Section(s) 16–41 through 16–54 of Article 4 – Baltimore City of the Code of Public Local 32
232	232	Laws of Maryland be repealed. 33
233	233
234	234	SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 7 of this 34
235	235	Act, the Baltimore City Civilian Review Board is hereby abolished and the police 35 6 HOUSE BILL 1197
236	236
237	237
238	238	accountability board for Baltimore City created under this Act shall be the successor of the 1
239	239	Baltimore City Civilian Review Board. 2
240	240
241	241	SECTION 6. AND BE IT FURTHER ENACTED, That, subject to Se ction 7 of this 3
242	242	Act, the publisher of the Public Local Laws of Maryland, in consultation with and subject 4
243	243	to the approval of the Department of Legislative Services, shall correct, with no further 5
244	244	action required by the General Assembly, cross–references and terminology rendered 6
245	245	incorrect by this Act or by any other Act of the General Assembly of 2023 that affects 7
246	246	provisions enacted by this Act. The publisher shall adequately describe any correction that 8
247	247	is made in an editor’s note following the section affected. 9
248	248
249	249	SECTION 7. AND BE IT FURTHER ENACTED, That Sections 4, 5, and 6 of this 10
250	250	Act shall take effect April 1, 2024. On the taking effect of Sections 4, 5, and 6 of this Act, 11
251	251	Section 1 of this Act, with no further action required by the General Assembly, shall be 12
252	252	abrogated and of no further force and effect. 13
253	253
254	254	SECTION 8. AND BE IT FURTHER ENACTED, That, subject to Sec tion 7 of this 14
255	255	Act, this Act shall take effect July 1, 2023. 15
256	256