Maryland 2023 Regular Session

Maryland House Bill HB857 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	hb0857
6	6
7	7	HOUSE BILL 857
8	8	E4, E2 3lr2977
9	9	CF SB 290
10	10	By: Delegates Clippinger, Atterbeary, and Moon
11	11	Introduced and read first time: February 9, 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	Office of the Attorney General – Independent Investigations Division 2
19	19	– Authority to Prosecute 3
20	20
21	21	FOR the purpose of expanding the investigative jurisdiction of the Independent 4
22	22	Investigations Division of the Office of the Attorney General; repealing a 5
23	23	requirement that the Division submit a certain report to a certain State’s Attorney 6
24	24	at a certain time; authorizing the Attorney General to prosecute certain criminal 7
25	25	matters under certain circumstances; and generally relating to the Independent 8
26	26	Investigations Division. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Public Safety 11
30	30	Section 3–527 12
31	31	Annotated Code of Maryland 13
32	32	(2022 Replacement Volume) 14
33	33
34	34	BY repealing and reenacting, without amendments, 15
35	35	Article – State Government 16
36	36	Section 6–601 17
37	37	Annotated Code of Maryland 18
38	38	(2021 Replacement Volume and 2022 Supplement) 19
39	39
40	40	BY repealing and reenacting, with amendments, 20
41	41	Article – State Government 21
42	42	Section 6–602 and 6–603 22
43	43	Annotated Code of Maryland 23
44	44	(2021 Replacement Volume and 2022 Supplement) 24
45	45
46	46	BY adding to 25
47	47	Article – State Government 26
48	48	Section 6–604 27 2 HOUSE BILL 857
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2021 Replacement Volume and 2022 Supplement) 2
53	53
54	54	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55	55	That the Laws of Maryland read as follows: 4
56	56
57	57	Article – Public Safety 5
58	58
59	59	3–527. 6
60	60
61	61	(a) (1) In this section the following words have the meanings indicated. 7
62	62
63	63	(2) “Law enforcement agency” has the meaning stated in § 3–201 of this 8
64	64	title. 9
65	65
66	66	(3) “Police officer” has the meaning stated in § 3–201 of this title. 10
67	67
68	68	(b) A law enforcement agency shall notify the Independent Investigations 11
69	69	Division within the Office of the Attorney General of any police–involved incident that 12
70	70	results in the death of [a civilian] AN INDIVIDUAL or injuries that are likely to result in 13
71	71	the death of [a civilian] AN INDIVIDUAL as soon as the law enforcement agency becomes 14
72	72	aware of the incident. 15
73	73
74	74	(c) (1) A law enforcement agency shall cooperate with and may not impede the 16
75	75	Independent Investigations Division in connection with [the] AN investigation [of a 17
76	76	police–involved death of a civilian] CONDUCTED UNDER § 6–602 OF THE STATE 18
77	77	GOVERNMENT ARTICLE. 19
78	78
79	79	(2) On request of the Attorney General or the Attorney General’s designee, 20
80	80	a local law enforcement agency shall provide any requested evidence to the Independent 21
81	81	Investigations Division. 22
82	82
83	83	(d) (1) The Attorney General or the Attorney General’s designee may seek 23
84	84	temporary or permanent injunctive relief in a court of competent jurisdiction in order to 24
85	85	facilitate an investigation or to prevent intereference with an investigation. 25
86	86
87	87	(2) In a request for injunctive relief brought under this subsection, the 26
88	88	Attorney General or the Attorney General’s designee is not required to: 27
89	89
90	90	(i) post bond; 28
91	91
92	92	(ii) allege or prove that an adequate remedy at law does not exist; or 29
93	93
94	94	(iii) allege or prove that substantial or irreparable damage would 30
95	95	result from any conduct alleged. 31
96	96
97	97	Article – State Government 32 HOUSE BILL 857 3
98	98
99	99
100	100
101	101	6–601. 1
102	102
103	103	(a) In this subtitle the following words have the meanings indicated. 2
104	104
105	105	(b) “Division” means the Independent Investigations Division in the Office of the 3
106	106	Attorney General. 4
107	107
108	108	(c) “Police officer” has the meaning stated in § 3–201 of the Public Safety Article. 5
109	109
110	110	6–602. 6
111	111
112	112	(a) There is an Independent Investigations Division within the Office of the 7
113	113	Attorney General. 8
114	114
115	115	(b) (1) The Division is the primary investigative unit for police–involved 9
116	116	incidents that result in the death of [civilians] INDIVIDUALS or injuries likely to result in 10
117	117	death. 11
118	118
119	119	(2) The Office of the Attorney General shall determine whether an incident 12
120	120	is police–involved and whether an injury is likely to result in death. 13
121	121
122	122	(c) (1) The Division[: 14
123	123
124	124	(1)] shall investigate all police–involved incidents that result in the death 15
125	125	of [a civilian] AN INDIVIDUAL or injuries that are likely to result in the death of [a civilian; 16
126	126	and 17
127	127
128	128	(2) may investigate any other crimes related to police misconduct that are 18
129	129	discovered during an investigation under item (1) of this subsection] AN INDIVIDUAL. 19
130	130
131	131	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 20
132	132	STATE’S ATTORNEY MAY REFER FO R INVESTIGATION BY T HE DIVISION A 21
133	133	POLICE–INVOLVED INCIDENT RE SULTING IN INJURY TO AN INDIVIDUAL THAT I S NOT 22
134	134	OTHERWISE WITHIN THE JURISDICTION OF THE DIVISION UNDER PARAGR APH (1) 23
135	135	OF THIS SUBSECTION . 24
136	136
137	137	(II) THE DIVISION MAY, IN ITS DISCRETION , DECLINE TO 25
138	138	INVESTIGATE AN INCID ENT REFERRED BY A STATE’S ATTORNEY UNDER 26
139	139	SUBPARAGRAPH (I) OF THIS PARAGRAPH . 27
140	140
141	141	(3) THE DIVISION MAY INVESTIG ATE ANY OTHER CRIME RELATED TO 28
142	142	POLICE MISCONDUCT TH AT IS DISCOVERED DUR ING AN INVESTIGATION UNDER 29
143	143	PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 30
144	144	4 HOUSE BILL 857
145	145
146	146
147	147	(d) In conducting an investigation under subsection (c) of this section, the Division 1
148	148	may act with the full powers, rights, privileges, and duties of a State’s Attorney, including 2
149	149	the use of a grand jury in any county. 3
150	150
151	151	(e) [(1) Within 15 days after completing an investigation required under 4
152	152	subsection (c) of this section, the Division shall transmit a report containing detailed 5
153	153	investigative findings to the State’s Attorney of the county that has jurisdiction to prosecute 6
154	154	the matter. 7
155	155
156	156	(2) Except as otherwise provided by law, the report under this subsection 8
157	157	shall remain confidential through adjudication of any associated criminal case at the trial 9
158	158	court level. 10
159	159
160	160	(f)] To investigate [and assist with the investigation of] UNDER THIS SECTION 11
161	161	alleged criminal offenses committed by police officers, the Division may: 12
162	162
163	163	(1) detail one or more police officers employed by the Department of State 13
164	164	Police; and 14
165	165
166	166	(2) employ other civilian personnel as needed. 15
167	167
168	168	[(g)] (F) (1) The Governor annually shall include funding in the State budget 16
169	169	sufficient to provide for the full and proper operation of the Division. 17
170	170
171	171	(2) Funds provided in accordance with this subsection shall supplement 18
172	172	and may not supplant any other funding provided to the Division. 19
173	173
174	174	6–603. 20
175	175
176	176	(a) (1) For the limited purpose of furthering an ongoing criminal investigation 21
177	177	UNDER THIS SUBTITLE , the Attorney General or a Deputy Attorney General or an 22
178	178	assistant Attorney General designated in writing by the Attorney General may issue in any 23
179	179	court in the State a subpoena to a person to produce telephone, business, government, or 24
180	180	corporate records or documents. 25
181	181
182	182	(2) A subpoena issued under this subsection may be served in the same 26
183	183	manner as a subpoena issued by a circuit court. 27
184	184
185	185	(b) (1) A person may have an attorney present during any contact made under 28
186	186	subsection (a) of this section with the Attorney General or [an agent of the Attorney 29
187	187	General] THE ATTORNEY GENERAL’S DESIGNEE. 30
188	188
189	189	(2) The Attorney General OR THE ATTORNEY GENERAL’S DESIGNEE 31
190	190	shall advise a person of the right to counsel when the subpoena is served. 32
191	191
192	192	(c) (1) (i) If a person fails to obey a lawfully served subpoena under 33 HOUSE BILL 857 5
193	193
194	194
195	195	subsection (a) of this section, the Attorney General OR THE ATTORNEY GENERAL’S 1
196	196	DESIGNEE may report the failure to obey the subpoena to the circuit court with jurisdiction 2
197	197	over the matter. 3
198	198
199	199	(ii) The Attorney General OR THE ATTORNEY GENERAL’S 4
200	200	DESIGNEE shall provide a copy of the subpoena and proof of service to the circuit court. 5
201	201
202	202	(2) After conducting a hearing at which the person that allegedly failed to 6
203	203	comply with a subpoena issued under subsection (a) of this section has had an opportunity 7
204	204	to be heard and be represented by counsel, the court may grant appropriate relief. 8
205	205
206	206	(d) This section does not allow the contravention, denial, or abrogation of a 9
207	207	privilege or right recognized by law. 10
208	208
209	209	6–604. 11
210	210
211	211	(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , IF 12
212	212	THE ATTORNEY GENERAL DETERMINES TH AT AN INVESTIGATION CONDUCTED 13
213	213	UNDER § 6–602 OF THIS SUBTITLE PROVIDES SUFFICIENT GROUNDS FOR THE 14
214	214	PROSECUTION OF A CRI MINAL OFFENSE DISCOV ERED IN THE COURSE O F THE 15
215	215	INVESTIGATION , THE ATTORNEY GENERAL SHALL HAVE EX CLUSIVE AUTHORITY TO 16
216	216	PROSECUTE THE OFFENS E. 17
217	217
218	218	(2) THE ATTORNEY GENERAL, IN THE ATTORNEY GENERAL’S 18
219	219	DISCRETION, MAY PROSECUTE A POLI CE–INVOLVED INCIDENT NO T OTHERWISE 19
220	220	WITHIN THE INVESTIGA TIVE JURISDICTION OF THE DIVISION UNDER § 6–602(C) OF 20
221	221	THIS SUBTITLE IF THE INCIDENT IS REFERRED BY A STATE’S ATTORNEY TO THE 21
222	222	ATTORNEY GENERAL FOR PROSECUTI ON. 22
223	223
224	224	(B) A STATE’S ATTORNEY MAY PROSECUT E A CRIMINAL OFFENSE 23
225	225	DESCRIBED IN SUBSECT ION (A)(1) OF THIS SECTION ONLY IF THE ATTORNEY 24
226	226	GENERAL REQUESTS THAT THE STATE’S ATTORNEY PROSECUTE TH E OFFENSE. 25
227	227
228	228	SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of this Act shall 26
229	229	apply to any police–involved incident that results in the death of an individual or injury to 27
230	230	an individual that occurs on or after the effective date of this Act. 28
231	231
232	232	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
233	233	October 1, 2023. 30
234	234