EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1197*
HOUSE BILL 1197
E4 3lr2623
HB 991/22 – JUD
By: Delegate Smith
Introduced and read first time: February 10, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Baltimore City – Civilian Review Board and Police Accountability Board 2
FOR the purpose of altering the powers and duties of the Baltimore City Civilian Review 3
Board; altering the powers and duties of the Baltimore City police accountability 4
board; repealing the Baltimore City Civilian Review Board; and generally relating 5
to the Baltimore City Civilian Review Board and the police accountability board. 6
BY repealing and reenacting, with amendments, 7
The Public Local Laws of Baltimore City 8
Section 16–42 9
Article 4 – Public Local Laws of Maryland 10
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 11
(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 12
BY adding to 13
The Public Local Laws of Baltimore City 14
Section 16–56 15
Article 4 – Public Local Laws of Maryland 16
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 17
BY repealing 18
The Public Local Laws of Baltimore City 19
Section 16–41, 16–42, and 16–44 20
Article 4 – Public Local Laws of Maryland 21
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 22
(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 23
BY repealing 24
The Public Local Laws of Baltimore City 25
Section 16–43 and 16–45 through 16–54 26
Article 4 – Public Local Laws of Maryland 27 2 HOUSE BILL 1197
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article 4 – Baltimore City 4
16–42. 5
(a) The Civilian Review Board of Baltimore City is established to provide a 6
permanent, statutory agency in Baltimore City through which: 7
(1) complaints lodged by members of the public regarding [abusive 8
language, false arrest, false imprisonment, harassment, or excessive force] MISCONDUCT 9
by police officers of a law enforcement unit shall be processed, investigated under § 16–46 10
of this subheading, and evaluated; and 11
(2) policies of a law enforcement unit may be reviewed. 12
(b) [Jurisdiction] SUBJECT TO SUBSE CTION (C) OF THIS SECTION , 13
JURISDICTION of the Board shall extend [only to complaints against police officers with 14
respect to abusive language, false arrest, false imprisonment, harassment, and use of 15
excessive force as defined in § 16–41 of this subheading and by the law enforcement unit’s 16
rules and regulations] TO ALL COMPLAINTS MA DE BY MEMBERS OF THE PUBLIC 17
REGARDING MISCONDUCT BY POLICE OFFICERS . 18
(C) (1) (I) THE BOARD MAY EXERCISE CO NCURRENT JURISDICTIO N 19
WITH THE POLICE INTEGRITY BUREAU IN THE INVESTI GATION OF COMPLAINTS THE 20
BOARD CONSIDERS APPRO PRIATE. 21
(II) THE BOARD SHALL REPORT IT S FINDINGS TO THE POLICE 22
INTEGRITY BUREAU. 23
(2) THE BOARD MAY NOT EXERCIS E JURISDICTION OVER MATTERS 24
WITHIN THE JURISDICT ION OF AN ADMINISTRA TIVE CHARGING COMMIT TEE 25
ESTABLISHED IN ACCORD ANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF 26
THE ANNOTATED CODE. 27
(D) (1) THE BOARD MAY ISSUE A SUB POENA, SIGNED BY THE CHAIR OF 28
THE BOARD, TO COMPEL: 29
(I) THE ATTENDANCE AND T ESTIMONY OF A WITNES S OTHER 30
THAN THE ACCUSED OFFICER; AND 31
HOUSE BILL 1197 3
(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 1
DOCUMENT . 2
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 3
PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE BOARD, A COURT OF 4
COMPETENT JURISDICTI ON MAY COMPEL COMPLI ANCE WITH THE SUBPOENA . 5
[(c)] (E) A law enforcement unit shall place posters in all law enforcement unit 6
stations and elsewhere throughout the City to explain the procedure for filing a complaint. 7
[(d)] (F) An explanation of the Board’s complaint procedures shall be made to all 8
police officers in a general order to be included in the manual of rules and procedures of a 9
law enforcement unit, and shall be included in the training program for new police officers. 10
[(e)] (G) Each member of the Board shall receive training on the issues of 11
abusive language, false arrest, false imprisonment, harassment, and excessive force. 12
(H) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY SHALL INCLUDE AN 13
APPROPRIATION TO FUN D THE BALTIMORE CITY CIVILIAN REVIEW BOARD THAT IS 14
NOT LESS THAN $1,500,000. 15
(2) THE BALTIMORE CITY CIVILIAN REVIEW BOARD MAY USE THE 16
FUNDS DESCRIBED IN P ARAGRAPH (1) OF THIS SUBSECTION F OR: 17
(I) EMPLOYING STAFF AND INVESTIGATORS ; 18
(II) HIRING OR CONTRACTIN G FOR LEGAL COUNSEL , SUBJECT 19
TO A MEMORANDUM OF UNDERS TANDING WITH THE CITY SOLICITOR FOR 20
BALTIMORE CITY; AND 21
(III) ANY OTHER EXPENDITUR E APPROVED BY A QUOR UM OF THE 22
BALTIMORE CITY CIVILIAN REVIEW BOARD. 23
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
as follows: 25
Article 4 – Baltimore City 26
16–56. 27
(A) IN THIS SECTION, “BOARD” MEANS A POLICE ACCOU NTABILITY BOARD 28
ESTABLISHED UNDER § 3–102 OF THE PUBLIC SAFETY ARTICLE OF THE 29
ANNOTATED CODE. 30
4 HOUSE BILL 1197
(B) THE BOARD MAY NOT EXE RCISE JURISDICTION O VER MATTERS WITHIN 1
THE JURISDICTION OF AN ADMI NISTRATIVE CHARGING COMMITTEE ESTABLISHE D 2
IN ACCORDANCE WITH § 3–104 OF THE PUBLIC SAFETY ARTICLE OF THE 3
ANNOTATED CODE. 4
(C) A LAW ENFORCEMENT AGEN CY SHALL PLACE POSTE RS IN EACH 5
STATION OF THE LAW E NFORCEMENT AGENCY AN D ELSEWHERE THRO UGHOUT THE 6
CITY TO EXPLAIN THE P ROCEDURE FOR FILING A COMPLAINT WITH THE BOARD 7
AGAINST A LAW ENFORC EMENT OFFICER . 8
(D) AN EXPLANATION OF THE COMPLAINT PROCEDURES FOR THE BOARD 9
SHALL BE: 10
(1) MADE TO ALL POLICE O FFICERS IN A GENERAL ORDER TO BE 11
INCLUDED IN THE MANU AL OF RULES AND PROC EDURES OF THE LAW 12
ENFORCEMENT AGENCY ; AND 13
(2) INCLUDED IN THE TRAI NING PROGRAM FOR NEW POLICE 14
OFFICERS. 15
(E) EACH MEMBER OF THE BO ARD SHALL RECEIVE TR AINING ON THE 16
ISSUES OF ABUSIVE LA NGUAGE, FALSE ARREST , FALSE IMPRISONMENT , 17
HARASSMENT , AND EXCESSIVE FORCE . 18
(F) (1) THE BOARD MAY ISSUE A SUBPOENA, SIGNED BY THE CHAIR OF 19
THE BOARD, TO COMPEL: 20
(I) THE ATTENDANCE AND T ESTIMONY OF A WITNES S OTHER 21
THAN THE AC CUSED OFFICER ; AND 22
(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 23
DOCUMENT . 24
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 25
PARAGRAPH (1) OF THIS SUBSECTION , ON PETITION OF THE B OARD, A COURT OF 26
COMPETENT JURISDICTI ON MAY COMPEL COMP LIANCE WITH THE SUBP OENA. 27
(G) (1) THE ANNUAL BUDGET FOR BALTIMORE CITY SHALL INCLUDE AN 28
APPROPRIATION TO FUN D THE BOARD THAT IS NOT LESS THA N $1,500,000. 29
(2) THE BOARD MAY USE THE FUNDS DE SCRIBED IN PARAGRAPH (1) 30
OF THIS SUBSECTION FOR: 31
(I) EMPLOYING STAFF AND INVESTIGATORS ; 32 HOUSE BILL 1197 5
(II) HIRING OR CONTRACTIN G FOR LEGAL COUNSEL , SUBJECT 1
TO A MEMORANDUM OF U NDERSTANDING WITH TH E CITY SOLICITOR FOR 2
BALTIMORE CITY; AND 3
(III) ANY OTHER EXPENDITUR E APPROVED BY A QUOR UM OF THE 4
BOARD. 5
SECTION 3. AND BE IT FURTHER ENACTED, That: 6
(a) On or before July 31, 2023: 7
(1) the City Solicitor for Baltimore City shall execute a memorandum of 8
understanding with the Baltimore City Civilian Review Board and the subsequent police 9
accountability board for Baltimore City agreeing to the right of each of the boards to hire 10
independent counsel; 11
(2) the City Solicitor for Baltimore City, the Baltimore City Civilian Review 12
Board, and the police accountability board established under § 1–302 of the Public Safety 13
Article of the Annotated Code of Maryland shall execute a memorandum of understanding 14
to accommodate the complete transition of the duties and responsibilities of the Civilian 15
Review Board to the police accountability board on or before April 1, 2024. 16
(b) The memorandum of understanding entered into under subsection (a)(2) of 17
this section shall include agreements relating to: 18
(1) the transition of all appropriations, including State and federal funds, 19
held by the Baltimore City Civilian Review Board to carry out the functions, programs, and 20
services transferred under this Act; 21
(2) the transfer of employees to the police accountability board for 22
Baltimore City without diminution of their rights, benefits, employment, or retirement 23
status; and 24
(3) except as otherwise provided by law, the continuation of the application 25
of existing laws, regulations, proposed regulations, standards and guides, policies, orders 26
and other directives, forms, plans, memberships, contracts, property, investigations, 27
administrative and judicial responsibilities, rights to sue and be sued, and all other duties 28
and responsibilities associated with the functions of the Baltimore City Civilian Review 29
Board to the police accountability board. 30
SECTION 4. AND BE IT FURTHER EN ACTED, That, subject to Section 7 of this 31
Act, Section(s) 16–41 through 16–54 of Article 4 – Baltimore City of the Code of Public Local 32
Laws of Maryland be repealed. 33
SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 7 of this 34
Act, the Baltimore City Civilian Review Board is hereby abolished and the police 35 6 HOUSE BILL 1197
accountability board for Baltimore City created under this Act shall be the successor of the 1
Baltimore City Civilian Review Board. 2
SECTION 6. AND BE IT FURTHER ENACTED, That, subject to Se ction 7 of this 3
Act, the publisher of the Public Local Laws of Maryland, in consultation with and subject 4
to the approval of the Department of Legislative Services, shall correct, with no further 5
action required by the General Assembly, cross–references and terminology rendered 6
incorrect by this Act or by any other Act of the General Assembly of 2023 that affects 7
provisions enacted by this Act. The publisher shall adequately describe any correction that 8
is made in an editor’s note following the section affected. 9
SECTION 7. AND BE IT FURTHER ENACTED, That Sections 4, 5, and 6 of this 10
Act shall take effect April 1, 2024. On the taking effect of Sections 4, 5, and 6 of this Act, 11
Section 1 of this Act, with no further action required by the General Assembly, shall be 12
abrogated and of no further force and effect. 13
SECTION 8. AND BE IT FURTHER ENACTED, That, subject to Sec tion 7 of this 14
Act, this Act shall take effect July 1, 2023. 15