Maryland 2023 Regular Session

Maryland House Bill HB430 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0430
9	6
10	7		HOUSE BILL 430
11	8		D3, E4 3lr0597
12	9
13		-	By: Delegate Wilkins ~~Delegates Wilkins, Kaufman, and Simmons~~
	10	+	By: Delegate Wilkins
14	11		Introduced and read first time: January 30, 2023
15	12		Assigned to: Judiciary
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted with floor amendments
18		-	Read second time: March 27, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Police Immunity and Accountability Act 2
25		-	Public Safety – Maryland State Commission on Criminal Sentencing Policy 3
26		-	Police Training and Standards Commission – Notification of Action Filed 4
27		-	Against Police Officer 5
28	19
29		-	FOR the purpose of specifying that a police officer who subjects or causes to be subjected 6
30		-	any individual to the deprivation of certain rights under the Maryland Constitution 7
31		-	or the U.S. Constitution is liable for certain damages; establishing that a police 8
32		-	officer is not immune from civil or criminal liability for violations of another 9
33		-	individual’s constitutional rights; requiring the Maryland Police Training and 10
34		-	Standards Commission to review certain cases brought under this Act; requiring an 11
35		-	officer’s employer or a local jurisdiction to satisfy certain judgments or settlements; 12
36		-	requiring an officer’s employer or a local jurisdiction to seek certain reimbursement; 13
37		-	and generally relating to actions against police officers and government liability 14
38		-	requiring a court to notify the Maryland Police Training and Standards Commission 15
39		-	of the filing of a certain civil action against a police officer at a certain time; and 16
40		-	generally relating to the Maryland Police Training and Standards Commission. 17
	20	+	FOR the purpose of specifying that a police officer who subjects or causes to be subjected 3
	21	+	any individual to the deprivation of certain rights under the Maryland Constitution 4
	22	+	or the U.S. Constitution is liable for certain damages; establishing that a police 5
	23	+	officer is not immune from civil or criminal liability for violations of another 6
	24	+	individual’s constitutional rights; requiring the Maryland Police Training and 7
	25	+	Standards Commission to review certain cases brought under this Act; requiring an 8
	26	+	officer’s employer or a local jurisdiction to satisfy certain judgments or settlements; 9
	27	+	requiring an officer’s employer or a local jurisdiction to seek certain reimbursement; 10
	28	+	and generally relating to actions against police officers and government liability. 11
41	29
42		-	BY adding to 18
43		-	Article – Courts and Judicial Proceedings 19
44		-	Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Police 20
45		-	Immunity and Accountability Act” 21
46		-	Annotated Code of Maryland 22
47		-	(2020 Replacement Volume and 2022 Supplement) 23
48		-	2 HOUSE BILL 430
	30	+	BY adding to 12
	31	+	Article – Courts and Judicial Proceedings 13
	32	+	Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Police 14
	33	+	Immunity and Accountability Act” 15
	34	+	Annotated Code of Maryland 16
	35	+	(2020 Replacement Volume and 2022 Supplement) 17
49	36
	37	+	Preamble 18
50	38
51		-	Preamble 1
	39	+	WHEREAS, The Equal Protection Clause of the United States Constitution protects 19
	40	+	individuals from biased and discriminatory policing; and 20
52	41
53		-	WHEREAS, ~~The Equal Protection Clause of~~ the ~~United States Constitution protects 2~~
54		-	~~individuals from biased and discriminatory~~ policing; and 3
	42	+	WHEREAS, Every Maryland resident has the right to fair, safe, and equitable 21
	43	+	policing; and 22
55	44
56		-	WHEREAS, Every Maryland resident has the right to fair, safe, and equitable 4
57		-	policing; and 5
58		-
59		-	WHEREAS, In order to hold police officers accountable and to promote proper 6
60		-	policing, an officer who violates another individual’s constitutional rights under the State 7
61		-	or U.S. Constitution is not immune from civil or criminal liability for the violation; now, 8
62		-	therefore, 9
63		-
64		-	BY adding to 10
65		-	Article – Public Safety 11
66		-	Section 3–219 12
67		-	Annotated Code of Maryland 13
68		-	(2022 Replacement Volume) 14
69		-
70		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
71		-	That the Laws of Maryland read as follows: 16
72		-
73		-	Article – Courts and Judicial Proceedings 17
74		-
75		-	SUBTITLE 13. POLICE IMMUNITY AND ACCOUNTABILITY ACT. 18
76		-
77		-	5–1301. 19
78		-
79		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
80		-	INDICATED. 21
81		-
82		-	(B) “LOCAL JURISDICTION” MEANS A COUNTY OR MU NICIPAL 22
83		-	CORPORATION . 23
84		-
85		-	(C) “MARYLAND POLICE TRAINING AND STANDARDS COMMISSION” MEANS 24
86		-	THE UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 25
87		-	SERVICES ESTABLISHED UNDER § 3–202 OF THE PUBLIC SAFETY ARTICLE. 26
88		-
89		-	(D) “OFFICER” MEANS A POLICE OFFIC ER AS DEFINED IN § 3–201 OF THE 27
90		-	PUBLIC SAFETY ARTICLE. 28
91		-
92		-	5–1302. 29
93		-
94		-	(A) AN OFFICER WHO SUBJEC TS OR CAUSES TO BE S UBJECTED ANY 30
95		-	INDIVIDUAL TO THE DE PRIVATION OF ANY RIG HTS, PRIVILEGES, OR IMMUNITIES 31 HOUSE BILL 430 3
96		-
97		-
98		-	SECURED BY THE MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION SHALL 1
99		-	BE LIABLE FOR DAMAGE S BROUGHT IN AN ACTI ON AGAINST THE OFFIC ER. 2
100		-
101		-	(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN OFFICER WHO 3
102		-	VIOLATES ANOTHER IND IVIDUAL’S CONSTITUTIONAL RIG HTS UNDER THE 4
103		-	MARYLAND CONSTITUTIO N OR THE U.S. CONSTITUTION IS NOT I MMUNE FROM 5
104		-	CIVIL OR CRIMINAL LI ABILITY FOR THE VIOL ATION. 6
105		-
106		-	(C) (1) STATUTORY IMMUNITY PR OVIDED UNDER SUBTITLE 5 OF THIS 7
107		-	TITLE OR TITLE 12, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE OR COMMON 8
108		-	LAW PUBLIC OFFICIAL IMMUNITY DOES NOT APPLY TO A CLAIM BROUGHT UNDER 9
109		-	THIS SECTION. 10
110		-
111		-	(2) QUALIFIED IMMUNITY IS NOT A DEFENSE TO LIA BILITY OR AN 11
112		-	IMMUNITY FROM SUIT U NDER THIS SECTION . 12
113		-
114		-	(D) THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 13
115		-	SHALL: 14
116		-
117		-	(1) REVIEW ANY CASE BROUG HT UNDER THIS SECTION I N WHICH AN 15
118		-	OFFICER OR OFFICER ’S EMPLOYER: 16
119		-
120		-	(I) WAS HELD LIABLE; OR 17
121		-
122		-	(II) ENTERED INTO A SETTLE MENT AGREEMENT ; AND 18
123		-
124		-	(2) DETERMINE WHETHER THE OFFICER’S CERTIFICATION TO W ORK 19
125		-	IN THE STATE SHOULD BE REVOK ED. 20
126		-
127		-	(E) (1) IN AN ACTION BROUGHT UNDER THIS S ECTION, THE COURT SHALL 21
128		-	AWARD REASONABLE ATT ORNEY’S FEES AND COURT COS TS TO A PREVAILING 22
129		-	PLAINTIFF. 23
130		-
131		-	(2) EACH SETTLEMENT AGREE MENT FOR AN ACTION B ROUGHT 24
132		-	UNDER THIS SECTION S HALL PROVIDE THAT TH E PLAINTIFF IS ENTIT LED TO 25
133		-	REASONABLE A TTORNEY’S FEES AND COURT COS TS. 26
134		-
135		-	(F) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , ANY FINAL 27
136		-	JUDGMENT OR SETTLEME NT AGAINST THE OFFIC ER OR THE OFFICER ’S EMPLOYER 28
137		-	OR THE LOCAL JURISDI CTION WHERE THE OFFI CER IS EMPLOYED SHAL L BE 29
138		-	ENTERED AND SATISFIE D BY THE OFFICER’S EMPLOYER OR THE LO CAL 30
139		-	JURISDICTION WHERE T HE OFFICER IS EMPLOY ED. 31
140		-	4 HOUSE BILL 430
141		-
142		-
143		-	(2) THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 1
144		-	THE OFFICER IS EMPLO YED SHALL SEEK REIMB URSEMENT FROM THE OF FICER FOR 2
145		-	5% OR $25,000, WHICHEVER IS LESS , FROM ANY FINA L JUDGMENT OR SETTLE MENT 3
146		-	ENTERED AGAINST THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 4
147		-	THE OFFICER IS EMPLO YED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 5
148		-
149		-	(G) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T THE RIGHT OF AN 6
150		-	INDIVIDUAL TO SEEK R EMEDIES OTH ERWISE AVAILABLE UND ER ANY OTHER 7
151		-	PROVISION OF LAW . 8
152		-
153		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 9
154		-	apply only prospectively and may not be applied or interpreted to have any effect on or 10
155		-	application to any cause of action arising before the effective date of this Act. 11
156		-
157		-	Article – Public Safety 12
158		-
159		-	3–219. 13
160		-
161		-	(A) A COURT SHALL NOTIFY T HE MARYLAND POLICE TRAINING AND 14
162		-	STANDARDS COMMISSION OF THE FIL ING OF A CIVIL ACTIO N AGAINST A POLICE 15
163		-	OFFICER INVOLVING AL LEGATIONS THAT THE P OLICE OFFICER WRONGF ULLY 16
164		-	CAUSED THE DEATH OF OR SERIOUS BODILY INJURY TO AN INDIVID UAL. 17
165		-
166		-	(B) THE COURT SHALL MAKE THE NOTIFICATION REQ UIRED UNDER 18
167		-	SUBSECTION (A) OF THIS SECTION WITH IN 10 DAYS AFTER THE FILIN G OF THE CIVIL 19
168		-	ACTION. 20
169		-
170		-	SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
171		-	October 1, 2023. 22
	45	+	WHEREAS, In order to hold police officers accountable and to promote proper 23
	46	+	policing, an officer who violates another individual’s constitutional rights under the State 24
	47	+	or U.S. Constitution is not immune from civil or criminal liability for the violation; now, 25
	48	+	therefore, 26 2 HOUSE BILL 430
172	49
173	50
174	51
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: 2
175	54
176		-	Approved:
177		-	________________________________________________________________________________
178		-	Governor.
179		-	________________________________________________________________________________
180		-	Speaker of the House of Delegates.
181		-	________________________________________________________________________________
182		-	President of the Senate.
	55	+	Article – Courts and Judicial Proceedings 3
	56	+
	57	+	SUBTITLE 13. POLICE IMMUNITY AND ACCOUNTABILITY ACT. 4
	58	+
	59	+	5–1301. 5
	60	+
	61	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
	62	+	INDICATED. 7
	63	+
	64	+	(B) “LOCAL JURISDICTION ” MEANS A COUNTY OR MU NICIPAL 8
	65	+	CORPORATION . 9
	66	+
	67	+	(C) “MARYLAND POLICE TRAINING AND STANDARDS COMMISSION” MEANS 10
	68	+	THE UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 11
	69	+	SERVICES ESTABLISHED UNDER § 3–202 OF THE PUBLIC SAFETY ARTICLE. 12
	70	+
	71	+	(D) “OFFICER” MEANS A POLICE OFFIC ER AS DEFINED IN § 3–201 OF THE 13
	72	+	PUBLIC SAFETY ARTICLE. 14
	73	+
	74	+	5–1302. 15
	75	+
	76	+	(A) AN OFFICER WHO SUBJEC TS OR CAUSES TO BE S UBJECTED ANY 16
	77	+	INDIVIDUAL TO THE DEPRIVATION OF ANY R IGHTS, PRIVILEGES, OR IMMUNITIES 17
	78	+	SECURED BY THE MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION SHALL 18
	79	+	BE LIABLE FOR DAMAGE S BROUGHT IN AN ACTI ON AGAINST THE OFFIC ER. 19
	80	+
	81	+	(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN OFFICER WHO 20
	82	+	VIOLATES ANOTHER INDIVIDU AL’S CONSTITUTIONAL RIG HTS UNDER THE 21
	83	+	MARYLAND CONSTITUTION OR THE U.S. CONSTITUTION IS NOT I MMUNE FROM 22
	84	+	CIVIL OR CRIMINAL LI ABILITY FOR THE VIOL ATION. 23
	85	+
	86	+	(C) (1) STATUTORY IMMUNITY PR OVIDED UNDER SUBTITLE 5 OF THIS 24
	87	+	TITLE OR TITLE 12, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE OR COMMON 25
	88	+	LAW PUBLIC OFFICIAL IMMUNITY DOES NOT AP PLY TO A CLAIM BROUG HT UNDER 26
	89	+	THIS SECTION. 27
	90	+
	91	+	(2) QUALIFIED IMMUNITY IS NOT A DEFENSE TO LIA BILITY OR AN 28
	92	+	IMMUNITY FROM SUIT U NDER THIS SECTION . 29
	93	+	HOUSE BILL 430 3
	94	+
	95	+
	96	+	(D) THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 1
	97	+	SHALL: 2
	98	+
	99	+	(1) REVIEW ANY CASE BROUG HT UNDER THIS SECTIO N IN WHICH AN 3
	100	+	OFFICER OR OFFICER ’S EMPLOYER: 4
	101	+
	102	+	(I) WAS HELD LIABLE; OR 5
	103	+
	104	+	(II) ENTERED INTO A SETTLE MENT AGREEMENT ; AND 6
	105	+
	106	+	(2) DETERMINE WHETHER THE OFFICER’S CERTIFICATION TO W ORK 7
	107	+	IN THE STATE SHOULD BE REVOK ED. 8
	108	+
	109	+	(E) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE COURT SHALL 9
	110	+	AWARD REASONABLE ATT ORNEY’S FEES AND COURT COS TS TO A PREVAILING 10
	111	+	PLAINTIFF. 11
	112	+
	113	+	(2) EACH SETTLEMENT AGREE MENT FOR AN ACTION B ROUGHT 12
	114	+	UNDER THIS SECTION S HALL PROVIDE THAT TH E PLAINTIFF IS ENTIT LED TO 13
	115	+	REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 14
	116	+
	117	+	(F) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , ANY FINAL 15
	118	+	JUDGMENT OR SETTLEME NT AGAINST THE OFFIC ER OR THE OFFICER ’S EMPLOYER 16
	119	+	OR THE LOCAL JURISDI CTION WHERE THE OFFI CER IS EMPLOYED SHAL L BE 17
	120	+	ENTERED AND SATISFIE D BY THE OFFICER ’S EMPLOYER OR THE LO CAL 18
	121	+	JURISDICTION WHERE THE OFFICER IS EMPLOYED. 19
	122	+
	123	+	(2) THE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 20
	124	+	THE OFFICER IS EMPLO YED SHALL SEEK REIMB URSEMENT FROM THE OF FICER FOR 21
	125	+	5% OR $25,000, WHICHEVER IS LESS , FROM ANY FINAL JUDGM ENT OR SETTLEMENT 22
	126	+	ENTERED AGAINST T HE OFFICER’S EMPLOYER OR THE LO CAL JURISDICTION WHE RE 23
	127	+	THE OFFICER IS EMPLO YED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 24
	128	+
	129	+	(G) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T THE RIGHT OF AN 25
	130	+	INDIVIDUAL TO SEEK R EMEDIES OTHERWISE AV AILABLE UNDER ANY OT HER 26
	131	+	PROVISION OF LAW. 27
	132	+
	133	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
	134	+	apply only prospectively and may not be applied or interpreted to have any effect on or 29
	135	+	application to any cause of action arising before the effective date of this Act. 30
	136	+
	137	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
	138	+	October 1, 2023. 32
	139	+