EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0430*
HOUSE BILL 430
D3, E4 3lr0597
By: Delegate Wilkins
Introduced and read first time: January 30, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Police Immunity and Accountability Act 2
FOR the purpose of specifying that a police officer who subjects or causes to be subjected 3
any individual to the deprivation of certain rights under the Maryland Constitution 4
or the U.S. Constitution is liable for certain damages; establishing that a police 5
officer is not immune from civil or criminal liability for violations of another 6
individual’s constitutional rights; requiring the Maryland Police Training and 7
Standards Commission to review certain cases brought under this Act; requiring an 8
officer’s employer or a local jurisdiction to satisfy certain judgments or settlements; 9
requiring an officer’s employer or a local jurisdiction to seek certain reimbursement; 10
and generally relating to actions against police officers and government liability. 11
BY adding to 12
Article – Courts and Judicial Proceedings 13
Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Police 14
Immunity and Accountability Act” 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2022 Supplement) 17
Preamble 18
WHEREAS, The Equal Protection Clause of the United States Constitution protects 19
individuals from biased and discriminatory policing; and 20
WHEREAS, Every Maryland resident has the right to fair, safe, and equitable 21
policing; and 22
WHEREAS, In order to hold police officers accountable and to promote proper 23
policing, an officer who violates another individual’s constitutional rights under the State 24
or U.S. Constitution is not immune from civil or criminal liability for the violation; now, 25
therefore, 26 2 HOUSE BILL 430
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
SUBTITLE 13. POLICE IMMUNITY AND ACCOUNTABILITY ACT. 4
5–1301. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) “LOCAL JURISDICTION ” MEANS A COUNTY OR MU NICIPAL 8
CORPORATION . 9
(C) “MARYLAND POLICE TRAINING AND STANDARDS COMMISSION” MEANS 10
THE UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 11
SERVICES ESTABLISHED UNDER § 3–202 OF THE PUBLIC SAFETY ARTICLE. 12
(D) “OFFICER” MEANS A POLICE OFFIC ER AS DEFINED IN § 3–201 OF THE 13
PUBLIC SAFETY ARTICLE. 14
5–1302. 15
(A) AN OFFICER WHO SUBJEC TS OR CAUSES TO BE S UBJECTED ANY 16
INDIVIDUAL TO THE DEPRIVATION OF ANY R IGHTS, PRIVILEGES, OR IMMUNITIES 17
SECURED BY THE MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION SHALL 18
BE LIABLE FOR DAMAGE S BROUGHT IN AN ACTI ON AGAINST THE OFFIC ER. 19
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN OFFICER WHO 20
VIOLATES ANOTHER INDIVIDU AL’S CONSTITUTIONAL RIG HTS UNDER THE 21
MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION IS NOT I MMUNE FROM 22
CIVIL OR CRIMINAL LI ABILITY FOR THE VIOL ATION. 23
(C) (1) STATUTORY IMMUNITY PR OVIDED UNDER SUBTITLE 5 OF THIS 24
TITLE OR TITLE 12, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE OR COMMON 25
LAW PUBLIC OFFICIAL IMMUNITY DOES NOT AP PLY TO A CLAIM BROUG HT UNDER 26
THIS SECTION. 27
(2) QUALIFIED IMMUNITY IS NOT A DEFENSE TO LIA BILITY OR AN 28
IMMUNITY FROM SUIT U NDER THIS SECTION . 29
HOUSE BILL 430 3
(D) THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 1
SHALL: 2
(1) REVIEW ANY CASE BROUG HT UNDER THIS SECTIO N IN WHICH AN 3
OFFICER OR OFFICER ’S EMPLOYER: 4
(I) WAS HELD LIABLE; OR 5
(II) ENTERED INTO A SETTLE MENT AGREEMENT ; AND 6
(2) DETERMINE WHETHER THE OFFICER’S CERTIFICATION TO W ORK 7
IN THE STATE SHOULD BE REVOK ED. 8
(E) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE COURT SHALL 9
AWARD REASONABLE ATT ORNEY’S FEES AND COURT COS TS TO A PREVAILING 10
PLAINTIFF. 11
(2) EACH SETTLEMENT AGREE MENT FOR AN ACTION B ROUGHT 12
UNDER THIS SECTION S HALL PROVIDE THAT TH E PLAINTIFF IS ENTIT LED TO 13
REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 14
(F) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , ANY FINAL 15
JUDGMENT OR SETTLEME NT AGAINST THE OFFIC ER OR THE OFFICER ’S EMPLOYER 16
OR THE LOCAL JURISDI CTION WHERE THE OFFI CER IS EMPLOYED SHAL L BE 17
ENTERED AND SATISFIE D BY THE OFFICER ’S EMPLOYER OR THE LO CAL 18
JURISDICTION WHERE THE OFFICER IS EMPLOYED. 19
(2) THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 20
THE OFFICER IS EMPLO YED SHALL SEEK REIMB URSEMENT FROM THE OF FICER FOR 21
5% OR $25,000, WHICHEVER IS LESS , FROM ANY FINAL JUDGM ENT OR SETTLEMENT 22
ENTERED AGAINST T HE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 23
THE OFFICER IS EMPLO YED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 24
(G) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T THE RIGHT OF AN 25
INDIVIDUAL TO SEEK R EMEDIES OTHERWISE AV AILABLE UNDER ANY OT HER 26
PROVISION OF LAW. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
apply only prospectively and may not be applied or interpreted to have any effect on or 29
application to any cause of action arising before the effective date of this Act. 30
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2023. 32