EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1093*
HOUSE BILL 1093
L2 4lr2049
CF SB 1038
By: Delegate Bagnall
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2024
CHAPTER ______
AN ACT concerning 1
Anne Arundel County – Human Relations Commission – Subpoena Enforcement 2
FOR the purpose of authorizing the Human Relations Commission of Anne Arundel County 3
to seek relief in a certain manner if a party fails to comply with a subpoena; and 4
generally relating to the subpoena authority granted to the Human Relations 5
Commission of Anne Arundel County. 6
BY adding to 7
Article – Local Government 8
Section 12–905 9
Annotated Code of Maryland 10
(2013 Volume and 2023 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Local Government 14
12–905. 15
(A) THIS SECTION APPLIES ONLY TO ANNE ARUNDEL COUNTY. 16
(B) (1) IF A PERSON FAILS TO OBEY A SUBPOENA SERV ED BY THE ANNE 17
ARUNDEL COUNTY HUMAN RELATIONS COMMISSION: 18
2 HOUSE BILL 1093
(1) THE INDIVIDUAL AUTHO RIZING THE SERVICE O F THE SUBPOENA 1
MAY AUTHORIZE THE IN DIVIDUAL SERVING THE SUBPOENA TO CER TIFY THE 2
DEFAULT TO THE CLERK OF THE CIRCUIT COURT ; AND 3
(I) THE COMMISSION MAY APPLY TO A CIRCUIT COURT I N ANY 4
COUNTY FOR AN ORDER REQUIRING THE ATTEND ANCE AND TESTIMONY O F 5
WITNESSES AND THE PR ODUCTION OF BOOKS , PAPERS, RECORDS, ELECTRONICALLY 6
STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND 7
(2) ON CERTIFICATION OF THE DEFAULT , THE CLERK SHALL ISSU E A 8
BODY ATTACHMENT TO T HE SHERIFF AGAINST THE P ERSON NAMED IN THE 9
SUBPOENA, RETURNABLE ON THE DA TE SPECIFIED IN THE ATTACHMENT , TO 10
COMPEL COMPL IANCE WITH THE SUBPO ENA. 11
(II) THE COURT MAY ISSUE AN ORDER REQUIRING T HE 12
ATTENDANCE AND TESTI MONY OF THE WITNESS AND THE PRODUCTION O F THE 13
BOOKS, PAPERS, RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , 14
AND TANGIBLE PROPERT Y: 15
1. AFTER NOTICE TO THE PERSON SUBPOENAED AS A 16
WITNESS OR DIRECTED TO PRODUCE BOOKS , PAPERS, RECORDS, ELECTRONICALLY 17
STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND 18
2. ON A FINDING THAT TH E ATTENDANCE AND 19
TESTIMONY OF THE WIT NESS OR THE PRODUCTI ON OF THE BOOKS , PAPERS, 20
RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , AND TANGIBLE 21
PROPERTY IS RELEVANT OR NECESSARY FOR THE PROCEEDINGS OF THE 22
COMMISSION. 23
(2) AN ORDER ISSUED BY TH E COURT UNDER THIS S UBSECTION 24
SHALL BE SERVED ON T HE PERSON TO WHOM IT IS DIRECTED BY TH E SHERIFF OR 25
DEPUTY SHERIFF . 26
(3) A FAILURE TO OBEY AN O RDER ISSUED BY THE C OURT UNDER 27
THIS SUBSECTION MAY BE PUNISHED BY THE C OURT AS CONTEMPT OF COURT. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2024. 30