EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0857*
HOUSE BILL 857
E4, E2 3lr2977
CF SB 290
By: Delegates Clippinger, Atterbeary, and Moon
Introduced and read first time: February 9, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Office of the Attorney General – Independent Investigations Division 2
– Authority to Prosecute 3
FOR the purpose of expanding the investigative jurisdiction of the Independent 4
Investigations Division of the Office of the Attorney General; repealing a 5
requirement that the Division submit a certain report to a certain State’s Attorney 6
at a certain time; authorizing the Attorney General to prosecute certain criminal 7
matters under certain circumstances; and generally relating to the Independent 8
Investigations Division. 9
BY repealing and reenacting, with amendments, 10
Article – Public Safety 11
Section 3–527 12
Annotated Code of Maryland 13
(2022 Replacement Volume) 14
BY repealing and reenacting, without amendments, 15
Article – State Government 16
Section 6–601 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2022 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – State Government 21
Section 6–602 and 6–603 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2022 Supplement) 24
BY adding to 25
Article – State Government 26
Section 6–604 27 2 HOUSE BILL 857
Annotated Code of Maryland 1
(2021 Replacement Volume and 2022 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Public Safety 5
3–527. 6
(a) (1) In this section the following words have the meanings indicated. 7
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this 8
title. 9
(3) “Police officer” has the meaning stated in § 3–201 of this title. 10
(b) A law enforcement agency shall notify the Independent Investigations 11
Division within the Office of the Attorney General of any police–involved incident that 12
results in the death of [a civilian] AN INDIVIDUAL or injuries that are likely to result in 13
the death of [a civilian] AN INDIVIDUAL as soon as the law enforcement agency becomes 14
aware of the incident. 15
(c) (1) A law enforcement agency shall cooperate with and may not impede the 16
Independent Investigations Division in connection with [the] AN investigation [of a 17
police–involved death of a civilian] CONDUCTED UNDER § 6–602 OF THE STATE 18
GOVERNMENT ARTICLE. 19
(2) On request of the Attorney General or the Attorney General’s designee, 20
a local law enforcement agency shall provide any requested evidence to the Independent 21
Investigations Division. 22
(d) (1) The Attorney General or the Attorney General’s designee may seek 23
temporary or permanent injunctive relief in a court of competent jurisdiction in order to 24
facilitate an investigation or to prevent intereference with an investigation. 25
(2) In a request for injunctive relief brought under this subsection, the 26
Attorney General or the Attorney General’s designee is not required to: 27
(i) post bond; 28
(ii) allege or prove that an adequate remedy at law does not exist; or 29
(iii) allege or prove that substantial or irreparable damage would 30
result from any conduct alleged. 31
Article – State Government 32 HOUSE BILL 857 3
6–601. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “Division” means the Independent Investigations Division in the Office of the 3
Attorney General. 4
(c) “Police officer” has the meaning stated in § 3–201 of the Public Safety Article. 5
6–602. 6
(a) There is an Independent Investigations Division within the Office of the 7
Attorney General. 8
(b) (1) The Division is the primary investigative unit for police–involved 9
incidents that result in the death of [civilians] INDIVIDUALS or injuries likely to result in 10
death. 11
(2) The Office of the Attorney General shall determine whether an incident 12
is police–involved and whether an injury is likely to result in death. 13
(c) (1) The Division[: 14
(1)] shall investigate all police–involved incidents that result in the death 15
of [a civilian] AN INDIVIDUAL or injuries that are likely to result in the death of [a civilian; 16
and 17
(2) may investigate any other crimes related to police misconduct that are 18
discovered during an investigation under item (1) of this subsection] AN INDIVIDUAL. 19
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 20
STATE’S ATTORNEY MAY REFER FO R INVESTIGATION BY T HE DIVISION A 21
POLICE–INVOLVED INCIDENT RE SULTING IN INJURY TO AN INDIVIDUAL THAT I S NOT 22
OTHERWISE WITHIN THE JURISDICTION OF THE DIVISION UNDER PARAGR APH (1) 23
OF THIS SUBSECTION . 24
(II) THE DIVISION MAY, IN ITS DISCRETION , DECLINE TO 25
INVESTIGATE AN INCID ENT REFERRED BY A STATE’S ATTORNEY UNDER 26
SUBPARAGRAPH (I) OF THIS PARAGRAPH . 27
(3) THE DIVISION MAY INVESTIG ATE ANY OTHER CRIME RELATED TO 28
POLICE MISCONDUCT TH AT IS DISCOVERED DUR ING AN INVESTIGATION UNDER 29
PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 30
4 HOUSE BILL 857
(d) In conducting an investigation under subsection (c) of this section, the Division 1
may act with the full powers, rights, privileges, and duties of a State’s Attorney, including 2
the use of a grand jury in any county. 3
(e) [(1) Within 15 days after completing an investigation required under 4
subsection (c) of this section, the Division shall transmit a report containing detailed 5
investigative findings to the State’s Attorney of the county that has jurisdiction to prosecute 6
the matter. 7
(2) Except as otherwise provided by law, the report under this subsection 8
shall remain confidential through adjudication of any associated criminal case at the trial 9
court level. 10
(f)] To investigate [and assist with the investigation of] UNDER THIS SECTION 11
alleged criminal offenses committed by police officers, the Division may: 12
(1) detail one or more police officers employed by the Department of State 13
Police; and 14
(2) employ other civilian personnel as needed. 15
[(g)] (F) (1) The Governor annually shall include funding in the State budget 16
sufficient to provide for the full and proper operation of the Division. 17
(2) Funds provided in accordance with this subsection shall supplement 18
and may not supplant any other funding provided to the Division. 19
6–603. 20
(a) (1) For the limited purpose of furthering an ongoing criminal investigation 21
UNDER THIS SUBTITLE , the Attorney General or a Deputy Attorney General or an 22
assistant Attorney General designated in writing by the Attorney General may issue in any 23
court in the State a subpoena to a person to produce telephone, business, government, or 24
corporate records or documents. 25
(2) A subpoena issued under this subsection may be served in the same 26
manner as a subpoena issued by a circuit court. 27
(b) (1) A person may have an attorney present during any contact made under 28
subsection (a) of this section with the Attorney General or [an agent of the Attorney 29
General] THE ATTORNEY GENERAL’S DESIGNEE. 30
(2) The Attorney General OR THE ATTORNEY GENERAL’S DESIGNEE 31
shall advise a person of the right to counsel when the subpoena is served. 32
(c) (1) (i) If a person fails to obey a lawfully served subpoena under 33 HOUSE BILL 857 5
subsection (a) of this section, the Attorney General OR THE ATTORNEY GENERAL’S 1
DESIGNEE may report the failure to obey the subpoena to the circuit court with jurisdiction 2
over the matter. 3
(ii) The Attorney General OR THE ATTORNEY GENERAL’S 4
DESIGNEE shall provide a copy of the subpoena and proof of service to the circuit court. 5
(2) After conducting a hearing at which the person that allegedly failed to 6
comply with a subpoena issued under subsection (a) of this section has had an opportunity 7
to be heard and be represented by counsel, the court may grant appropriate relief. 8
(d) This section does not allow the contravention, denial, or abrogation of a 9
privilege or right recognized by law. 10
6–604. 11
(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , IF 12
THE ATTORNEY GENERAL DETERMINES TH AT AN INVESTIGATION CONDUCTED 13
UNDER § 6–602 OF THIS SUBTITLE PROVIDES SUFFICIENT GROUNDS FOR THE 14
PROSECUTION OF A CRI MINAL OFFENSE DISCOV ERED IN THE COURSE O F THE 15
INVESTIGATION , THE ATTORNEY GENERAL SHALL HAVE EX CLUSIVE AUTHORITY TO 16
PROSECUTE THE OFFENS E. 17
(2) THE ATTORNEY GENERAL, IN THE ATTORNEY GENERAL’S 18
DISCRETION, MAY PROSECUTE A POLI CE–INVOLVED INCIDENT NO T OTHERWISE 19
WITHIN THE INVESTIGA TIVE JURISDICTION OF THE DIVISION UNDER § 6–602(C) OF 20
THIS SUBTITLE IF THE INCIDENT IS REFERRED BY A STATE’S ATTORNEY TO THE 21
ATTORNEY GENERAL FOR PROSECUTI ON. 22
(B) A STATE’S ATTORNEY MAY PROSECUT E A CRIMINAL OFFENSE 23
DESCRIBED IN SUBSECT ION (A)(1) OF THIS SECTION ONLY IF THE ATTORNEY 24
GENERAL REQUESTS THAT THE STATE’S ATTORNEY PROSECUTE TH E OFFENSE. 25
SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of this Act shall 26
apply to any police–involved incident that results in the death of an individual or injury to 27
an individual that occurs on or after the effective date of this Act. 28
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2023. 30