EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0763*
SENATE BILL 763
E4 3lr2066
CF HB 864
By: Senator Carter (By Request – Baltimore City Administration)
Introduced and read first time: February 6, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Baltimore City – Civilian Review Board and Office of Equity and Civil Rights 2
FOR the purpose of repealing provisions of law establishing and providing for the 3
responsibilities of the Baltimore City Civilian Review Board; requiring the Baltimore 4
City Office of Equity and Civil Rights to review and investigate certain complaints 5
in a certain manner; providing that the Board may not initiate a new investigation 6
into an allegation of police misconduct after a certain date; requiring the Board to 7
conclude or transfer to the Office certain matters; providing for the transfer of certain 8
responsibilities of the Board; and generally relating to the Baltimore City Civilian 9
Review Board and the Office of Equity and Civil Rights. 10
BY repealing 11
The Public Local Laws of Baltimore City 12
Section 16–41, 16–42, and 16–44 13
Article 4 – Public Local Laws of Maryland 14
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 15
(As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 16
BY repealing 17
The Public Local Laws of Baltimore City 18
Section 16–43 and 16–45 through 16–54 19
Article 4 – Public Local Laws of Maryland 20
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 21
BY adding to 22
The Public Local Laws of Baltimore City 23
Section 16–56 24
Article 4 – Public Local Laws of Maryland 25
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 26
2 SENATE BILL 763
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That Section(s) 16–41 through 16–54 of Article 4 – Baltimore City of the Code of Public 2
Local Laws of Maryland be repealed. 3
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
as follows: 5
Article 4 – Baltimore City 6
16–56. 7
(A) IN THIS SECTION, “OFFICE” MEANS THE BALTIMORE CITY OFFICE OF 8
EQUITY AND CIVIL RIGHTS OR ITS SUCCESS OR. 9
(B) (1) THE OFFICE SHALL REVIEW A LL COMPLAINTS ALLEGI NG POLICE 10
MISCONDUCT INVOLVING A MEMBER OF THE PUBL IC AND A POLICE OFFI CER. 11
(2) THE OFFICE MAY INVESTIG ATE, SIMULTANEOUSLY WITH THE 12
INTERNAL INVESTIGATIVE DIVISION, EACH COMPLAINT IT DE EMS APPROPRIATE 13
AND REPORT ITS FINDI NGS TO THE ADMINISTRATIVE CHARGING COMMITTEE. 14
(C) (1) THE OFFICE MAY ISSUE A SU BPOENA TO COMPEL : 15
(I) THE ATTENDANCE AND T ESTIMONY OF A WITNESS; AND 16
(II) THE PRODUCTION OF AN Y BOOK, RECORD, OR OTHER 17
DOCUMENT . 18
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 19
THIS SUBSECTION , ON PETITION OF THE OFFICE, A COURT OF COMPETENT 20
JURISDICTION MAY COM PEL COMPLIANCE WITH THE SUBPOENA. 21
(3) A POLICE OFFICER MAY S UBMIT A WITNESS LIST TO THE OFFICE 22
10 DAYS OR MORE BEFORE THE OFFICE TAKES TESTIMON Y. 23
(4) THE OFFICE MAY ADMINISTER OATHS IN CONNECTION WITH ANY 24
PROCEEDING UNDER THI S PARAGRAPH . 25
(5) THE POLICE OFFICER OR THE POLIC E OFFICER ’S 26
REPRESENTATIVE MAY Q UESTION WITNESSES WH O TESTIFY ABOUT THE 27
COMPLAINT. 28
(6) ALL WITNESS TESTIMONY SHALL BE RECORDED . 29
SENATE BILL 763 3
(D) THE OFFICE SHALL REVIEW T HE INTERNAL INVESTIGATIVE DIVISION’S 1
INVESTIGATIVE REPORT . 2
SECTION 3. AND BE IT FURTHER ENA CTED, That, on and after July 1, 2023, the 3
Baltimore City Civilian Review Board may not initiate a new investigation into an 4
allegation of police misconduct. On or before January 1, 2024, the Baltimore City Civilian 5
Review Board shall conclude or transfer to the Baltimore City Office of Equity and Civil 6
Rights any matter that the Board was actively investigating on July 1, 2023. 7
SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General 8
Assembly that, except as otherwise provided in this Act, to the extent provided by State 9
law, on July 1, 2023, the responsibilities of the Baltimore City Civilian Review Board, as 10
they exist on June 30, 2023, shall be transferred to any other board or agency determined 11
appropriate by the Baltimore City Council. 12
SECTION 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 13
effect January 1, 2024. 14
SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 15
5 of this Act, this Act shall take effect July 1, 2023. 16