1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0975* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 975 |
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8 | 8 | | E4, L2 3lr2026 |
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9 | 9 | | |
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10 | 10 | | By: Delegates Young, Addison, and Conaway |
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11 | 11 | | Introduced and read first time: February 10, 2023 |
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12 | 12 | | Assigned to: Judiciary |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Baltimore City – Control Over Powers of Police Commissioner 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of altering the reporting requirements of the Advisory Board on the 3 |
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21 | 21 | | Transfer of Control of the Police Department of Baltimore City by requiring the 4 |
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22 | 22 | | Board to submit a certain report on or before a certain date; repealing a prohibition 5 |
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23 | 23 | | on certain Baltimore City ordinances or acts of certain municipal officials from 6 |
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24 | 24 | | conflicting, impeding, obstructing, hindering, or interfering with the powers of the 7 |
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25 | 25 | | Baltimore City Police Commissioner; and generally relating to the Police 8 |
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26 | 26 | | Department of Baltimore City and the Baltimore City Police Commissioner. 9 |
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27 | 27 | | |
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28 | 28 | | BY repealing and reenacting, with amendments, 10 |
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29 | 29 | | Chapter 133 of the Acts of the General Assembly of 2021 11 |
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30 | 30 | | Section 3(f) 12 |
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31 | 31 | | |
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32 | 32 | | BY repealing and reenacting, with amendments, 13 |
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33 | 33 | | The Charter of Baltimore City 14 |
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34 | 34 | | Article II – General Powers 15 |
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35 | 35 | | Section (27) 16 |
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36 | 36 | | (2007 Replacement Volume, as amended) 17 |
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37 | 37 | | (As enacted by Chapters 39 and 40 of the Acts of the General Assembly of 2009) 18 |
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38 | 38 | | |
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39 | 39 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 |
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40 | 40 | | That the Laws of Maryland read as follows: 20 |
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41 | 41 | | |
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42 | 42 | | Chapter 133 of the Acts of 2021 21 |
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43 | 43 | | |
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44 | 44 | | SECTION 3. AND BE IT FURTHER ENACTED, That: 22 |
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45 | 45 | | |
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46 | 46 | | (f) (1) On or before December 1, 2021, the Advisory Board shall submit an 23 |
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47 | 47 | | interim report of its initial findings and recommendations to the Baltimore City Council, 24 2 HOUSE BILL 975 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | the Governor, and, in accordance with § 2–1257 of the State Government Article, the 1 |
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51 | 51 | | General Assembly. 2 |
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52 | 52 | | |
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53 | 53 | | (2) On or before December 1, 2022, the Advisory Board shall submit [its 3 |
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54 | 54 | | final] A SECOND INTERIM report to the Baltimore City Council, the Governor, and, in 4 |
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55 | 55 | | accordance with § 2–1257 of the State Government Article, the General Assembly. 5 |
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56 | 56 | | |
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57 | 57 | | (3) ON OR BEFORE DECEMBER 1, 2023, THE ADVISORY BOARD SHALL 6 |
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58 | 58 | | SUBMIT ITS FINAL REPORT TO THE BALTIMORE CITY COUNCIL, THE GOVERNOR, 7 |
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59 | 59 | | AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 8 |
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60 | 60 | | GENERAL ASSEMBLY. 9 |
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61 | 61 | | |
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62 | 62 | | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10 |
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63 | 63 | | as follows: 11 |
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64 | 64 | | |
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65 | 65 | | The Charter of Baltimore City 12 |
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66 | 66 | | |
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67 | 67 | | Article II – General Powers 13 |
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68 | 68 | | |
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69 | 69 | | The Mayor and City Council of Baltimore shall have full power and authority to 14 |
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70 | 70 | | exercise all of the powers heretofore or hereafter granted to it by the Constitution of 15 |
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71 | 71 | | Maryland or by any Public General or Public Local Laws of the State of Maryland; and in 16 |
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72 | 72 | | particular, without limitation upon the foregoing, shall have power by ordinance, or such 17 |
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73 | 73 | | other method as may be provided for in its Charter, subject to the provisions of said 18 |
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74 | 74 | | Constitution and Public General Laws: 19 |
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75 | 75 | | |
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76 | 76 | | (27) 20 |
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77 | 77 | | |
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78 | 78 | | To have and exercise within the limits of Baltimore City all the power commonly 21 |
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79 | 79 | | known as the Police Power to the same extent as the State has or could exercise that power 22 |
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80 | 80 | | within the limits of Baltimore City[; provided, however, that no ordinance of the City or act 23 |
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81 | 81 | | of any municipal officer, other than an act of the Mayor pursuant to Article IV of this 24 |
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82 | 82 | | Charter, shall conflict, impede, obstruct, hinder or interfere with the powers of the Police 25 |
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83 | 83 | | Commissioner]. 26 |
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84 | 84 | | |
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85 | 85 | | SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 27 |
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86 | 86 | | effect October 1, 2024. 28 |
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87 | 87 | | |
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88 | 88 | | SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 29 |
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89 | 89 | | 3 of this Act, this Act shall take effect June 1, 2023. 30 |
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