Maryland 2023 Regular Session

Maryland Senate Bill SB763 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	sb0763
6	6
7	7	SENATE BILL 763
8	8	E4 3lr2066
9	9	CF HB 864
10	10	By: Senator Carter (By Request – Baltimore City Administration)
11	11	Introduced and read first time: February 6, 2023
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Baltimore City – Civilian Review Board and Office of Equity and Civil Rights 2
19	19
20	20	FOR the purpose of repealing provisions of law establishing and providing for the 3
21	21	responsibilities of the Baltimore City Civilian Review Board; requiring the Baltimore 4
22	22	City Office of Equity and Civil Rights to review and investigate certain complaints 5
23	23	in a certain manner; providing that the Board may not initiate a new investigation 6
24	24	into an allegation of police misconduct after a certain date; requiring the Board to 7
25	25	conclude or transfer to the Office certain matters; providing for the transfer of certain 8
26	26	responsibilities of the Board; and generally relating to the Baltimore City Civilian 9
27	27	Review Board and the Office of Equity and Civil Rights. 10
28	28
29	29	BY repealing 11
30	30	The Public Local Laws of Baltimore City 12
31	31	Section 16–41, 16–42, and 16–44 13
32	32	Article 4 – Public Local Laws of Maryland 14
33	33	(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 15
34	34	(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 16
35	35
36	36	BY repealing 17
37	37	The Public Local Laws of Baltimore City 18
38	38	Section 16–43 and 16–45 through 16–54 19
39	39	Article 4 – Public Local Laws of Maryland 20
40	40	(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 21
41	41
42	42	BY adding to 22
43	43	The Public Local Laws of Baltimore City 23
44	44	Section 16–56 24
45	45	Article 4 – Public Local Laws of Maryland 25
46	46	(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 26
47	47	2 SENATE BILL 763
48	48
49	49
50	50	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51	51	That Section(s) 16–41 through 16–54 of Article 4 – Baltimore City of the Code of Public 2
52	52	Local Laws of Maryland be repealed. 3
53	53
54	54	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
55	55	as follows: 5
56	56
57	57	Article 4 – Baltimore City 6
58	58
59	59	16–56. 7
60	60
61	61	(A) IN THIS SECTION, “OFFICE” MEANS THE BALTIMORE CITY OFFICE OF 8
62	62	EQUITY AND CIVIL RIGHTS OR ITS SUCCESS OR. 9
63	63
64	64	(B) (1) THE OFFICE SHALL REVIEW A LL COMPLAINTS ALLEGI NG POLICE 10
65	65	MISCONDUCT INVOLVING A MEMBER OF THE PUBL IC AND A POLICE OFFI CER. 11
66	66
67	67	(2) THE OFFICE MAY INVESTIG ATE, SIMULTANEOUSLY WITH THE 12
68	68	INTERNAL INVESTIGATIVE DIVISION, EACH COMPLAINT IT DE EMS APPROPRIATE 13
69	69	AND REPORT ITS FINDI NGS TO THE ADMINISTRATIVE CHARGING COMMITTEE. 14
70	70
71	71	(C) (1) THE OFFICE MAY ISSUE A SU BPOENA TO COMPEL : 15
72	72
73	73	(I) THE ATTENDANCE AND T ESTIMONY OF A WITNESS; AND 16
74	74
75	75	(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 17
76	76	DOCUMENT . 18
77	77
78	78	(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 19
79	79	THIS SUBSECTION , ON PETITION OF THE OFFICE, A COURT OF COMPETENT 20
80	80	JURISDICTION MAY COM PEL COMPLIANCE WITH THE SUBPOENA. 21
81	81
82	82	(3) A POLICE OFFICER MAY S UBMIT A WITNESS LIST TO THE OFFICE 22
83	83	10 DAYS OR MORE BEFORE THE OFFICE TAKES TESTIMON Y. 23
84	84
85	85	(4) THE OFFICE MAY ADMINISTER OATHS IN CONNECTION WITH ANY 24
86	86	PROCEEDING UNDER THI S PARAGRAPH . 25
87	87
88	88	(5) THE POLICE OFFICER OR THE POLIC E OFFICER ’S 26
89	89	REPRESENTATIVE MAY Q UESTION WITNESSES WH O TESTIFY ABOUT THE 27
90	90	COMPLAINT. 28
91	91
92	92	(6) ALL WITNESS TESTIMONY SHALL BE RECORDED . 29
93	93	SENATE BILL 763 3
94	94
95	95
96	96	(D) THE OFFICE SHALL REVIEW T HE INTERNAL INVESTIGATIVE DIVISION’S 1
97	97	INVESTIGATIVE REPORT . 2
98	98
99	99	SECTION 3. AND BE IT FURTHER ENA CTED, That, on and after July 1, 2023, the 3
100	100	Baltimore City Civilian Review Board may not initiate a new investigation into an 4
101	101	allegation of police misconduct. On or before January 1, 2024, the Baltimore City Civilian 5
102	102	Review Board shall conclude or transfer to the Baltimore City Office of Equity and Civil 6
103	103	Rights any matter that the Board was actively investigating on July 1, 2023. 7
104	104
105	105	SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General 8
106	106	Assembly that, except as otherwise provided in this Act, to the extent provided by State 9
107	107	law, on July 1, 2023, the responsibilities of the Baltimore City Civilian Review Board, as 10
108	108	they exist on June 30, 2023, shall be transferred to any other board or agency determined 11
109	109	appropriate by the Baltimore City Council. 12
110	110
111	111	SECTION 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 13
112	112	effect January 1, 2024. 14
113	113
114	114	SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 15
115	115	5 of this Act, this Act shall take effect July 1, 2023. 16
116	116