EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0430*
HOUSE BILL 430
D3, E4 3lr0597
By: Delegate Wilkins Delegates Wilkins, Kaufman, and Simmons
Introduced and read first time: January 30, 2023
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 27, 2023
CHAPTER ______
AN ACT concerning 1
Police Immunity and Accountability Act 2
Public Safety – Maryland State Commission on Criminal Sentencing Policy 3
Police Training and Standards Commission – Notification of Action Filed 4
Against Police Officer 5
FOR the purpose of specifying that a police officer who subjects or causes to be subjected 6
any individual to the deprivation of certain rights under the Maryland Constitution 7
or the U.S. Constitution is liable for certain damages; establishing that a police 8
officer is not immune from civil or criminal liability for violations of another 9
individual’s constitutional rights; requiring the Maryland Police Training and 10
Standards Commission to review certain cases brought under this Act; requiring an 11
officer’s employer or a local jurisdiction to satisfy certain judgments or settlements; 12
requiring an officer’s employer or a local jurisdiction to seek certain reimbursement; 13
and generally relating to actions against police officers and government liability 14
requiring a court to notify the Maryland Police Training and Standards Commission 15
of the filing of a certain civil action against a police officer at a certain time; and 16
generally relating to the Maryland Police Training and Standards Commission. 17
BY adding to 18
Article – Courts and Judicial Proceedings 19
Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Police 20
Immunity and Accountability Act” 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2022 Supplement) 23
2 HOUSE BILL 430
Preamble 1
WHEREAS, The Equal Protection Clause of the United States Constitution protects 2
individuals from biased and discriminatory policing; and 3
WHEREAS, Every Maryland resident has the right to fair, safe, and equitable 4
policing; and 5
WHEREAS, In order to hold police officers accountable and to promote proper 6
policing, an officer who violates another individual’s constitutional rights under the State 7
or U.S. Constitution is not immune from civil or criminal liability for the violation; now, 8
therefore, 9
BY adding to 10
Article – Public Safety 11
Section 3–219 12
Annotated Code of Maryland 13
(2022 Replacement Volume) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Courts and Judicial Proceedings 17
SUBTITLE 13. POLICE IMMUNITY AND ACCOUNTABILITY ACT. 18
5–1301. 19
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(B) “LOCAL JURISDICTION” MEANS A COUNTY OR MU NICIPAL 22
CORPORATION . 23
(C) “MARYLAND POLICE TRAINING AND STANDARDS COMMISSION” MEANS 24
THE UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 25
SERVICES ESTABLISHED UNDER § 3–202 OF THE PUBLIC SAFETY ARTICLE. 26
(D) “OFFICER” MEANS A POLICE OFFIC ER AS DEFINED IN § 3–201 OF THE 27
PUBLIC SAFETY ARTICLE. 28
5–1302. 29
(A) AN OFFICER WHO SUBJEC TS OR CAUSES TO BE S UBJECTED ANY 30
INDIVIDUAL TO THE DE PRIVATION OF ANY RIG HTS, PRIVILEGES, OR IMMUNITIES 31 HOUSE BILL 430 3
SECURED BY THE MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION SHALL 1
BE LIABLE FOR DAMAGE S BROUGHT IN AN ACTI ON AGAINST THE OFFIC ER. 2
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN OFFICER WHO 3
VIOLATES ANOTHER IND IVIDUAL’S CONSTITUTIONAL RIG HTS UNDER THE 4
MARYLAND CONSTITUTIO N OR THE U.S. CONSTITUTION IS NOT I MMUNE FROM 5
CIVIL OR CRIMINAL LI ABILITY FOR THE VIOL ATION. 6
(C) (1) STATUTORY IMMUNITY PR OVIDED UNDER SUBTITLE 5 OF THIS 7
TITLE OR TITLE 12, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE OR COMMON 8
LAW PUBLIC OFFICIAL IMMUNITY DOES NOT APPLY TO A CLAIM BROUGHT UNDER 9
THIS SECTION. 10
(2) QUALIFIED IMMUNITY IS NOT A DEFENSE TO LIA BILITY OR AN 11
IMMUNITY FROM SUIT U NDER THIS SECTION . 12
(D) THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 13
SHALL: 14
(1) REVIEW ANY CASE BROUG HT UNDER THIS SECTION I N WHICH AN 15
OFFICER OR OFFICER ’S EMPLOYER: 16
(I) WAS HELD LIABLE; OR 17
(II) ENTERED INTO A SETTLE MENT AGREEMENT ; AND 18
(2) DETERMINE WHETHER THE OFFICER’S CERTIFICATION TO W ORK 19
IN THE STATE SHOULD BE REVOK ED. 20
(E) (1) IN AN ACTION BROUGHT UNDER THIS S ECTION, THE COURT SHALL 21
AWARD REASONABLE ATT ORNEY’S FEES AND COURT COS TS TO A PREVAILING 22
PLAINTIFF. 23
(2) EACH SETTLEMENT AGREE MENT FOR AN ACTION B ROUGHT 24
UNDER THIS SECTION S HALL PROVIDE THAT TH E PLAINTIFF IS ENTIT LED TO 25
REASONABLE A TTORNEY’S FEES AND COURT COS TS. 26
(F) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , ANY FINAL 27
JUDGMENT OR SETTLEME NT AGAINST THE OFFIC ER OR THE OFFICER ’S EMPLOYER 28
OR THE LOCAL JURISDI CTION WHERE THE OFFI CER IS EMPLOYED SHAL L BE 29
ENTERED AND SATISFIE D BY THE OFFICER’S EMPLOYER OR THE LO CAL 30
JURISDICTION WHERE T HE OFFICER IS EMPLOY ED. 31
4 HOUSE BILL 430
(2) THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 1
THE OFFICER IS EMPLO YED SHALL SEEK REIMB URSEMENT FROM THE OF FICER FOR 2
5% OR $25,000, WHICHEVER IS LESS , FROM ANY FINA L JUDGMENT OR SETTLE MENT 3
ENTERED AGAINST THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 4
THE OFFICER IS EMPLO YED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 5
(G) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T THE RIGHT OF AN 6
INDIVIDUAL TO SEEK R EMEDIES OTH ERWISE AVAILABLE UND ER ANY OTHER 7
PROVISION OF LAW . 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 9
apply only prospectively and may not be applied or interpreted to have any effect on or 10
application to any cause of action arising before the effective date of this Act. 11
Article – Public Safety 12
3–219. 13
(A) A COURT SHALL NOTIFY T HE MARYLAND POLICE TRAINING AND 14
STANDARDS COMMISSION OF THE FIL ING OF A CIVIL ACTIO N AGAINST A POLICE 15
OFFICER INVOLVING AL LEGATIONS THAT THE P OLICE OFFICER WRONGF ULLY 16
CAUSED THE DEATH OF OR SERIOUS BODILY INJURY TO AN INDIVID UAL. 17
(B) THE COURT SHALL MAKE THE NOTIFICATION REQ UIRED UNDER 18
SUBSECTION (A) OF THIS SECTION WITH IN 10 DAYS AFTER THE FILIN G OF THE CIVIL 19
ACTION. 20
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2023. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.