| Old | New | Differences | |
|---|---|---|---|
| 1 | - | WES MOORE, Governor Ch. 989 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 989 | |
| 5 | - | (House Bill 1093) | |
| 6 | 2 | ||
| 7 | - | AN ACT concerning | |
| 3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | + | [Brackets] indicate matter deleted from existing law. | |
| 5 | + | Underlining indicates amendments to bill. | |
| 6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | + | amendment. | |
| 8 | + | *hb1093* | |
| 8 | 9 | ||
| 9 | - | Anne Arundel County – Human Relations Commission – Subpoena Enforcement | |
| 10 | + | HOUSE BILL 1093 | |
| 11 | + | L2 4lr2049 | |
| 12 | + | CF SB 1038 | |
| 13 | + | By: Delegate Bagnall | |
| 14 | + | Introduced and read first time: February 7, 2024 | |
| 15 | + | Assigned to: Judiciary | |
| 16 | + | Committee Report: Favorable with amendments | |
| 17 | + | House action: Adopted | |
| 18 | + | Read second time: March 7, 2024 | |
| 10 | 19 | ||
| 11 | - | FOR the purpose of authorizing the Human Relations Commission of Anne Arundel County | |
| 12 | - | to seek relief in a certain manner if a party fails to comply with a subpoena; and | |
| 13 | - | generally relating to the subpoena authority granted to the Human Relations | |
| 14 | - | Commission of Anne Arundel County. | |
| 20 | + | CHAPTER ______ | |
| 15 | 21 | ||
| 16 | - | BY adding to | |
| 17 | - | Article – Local Government | |
| 18 | - | Section 12–905 | |
| 19 | - | Annotated Code of Maryland | |
| 20 | - | (2013 Volume and 2023 Supplement) | |
| 22 | + | AN ACT concerning 1 | |
| 21 | 23 | ||
| 22 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 23 | - | That the Laws of Maryland read as follows: | |
| 24 | + | Anne Arundel County – Human Relations Commission – Subpoena Enforcement 2 | |
| 24 | 25 | ||
| 25 | - | Article – Local Government | |
| 26 | + | FOR the purpose of authorizing the Human Relations Commission of Anne Arundel County 3 | |
| 27 | + | to seek relief in a certain manner if a party fails to comply with a subpoena; and 4 | |
| 28 | + | generally relating to the subpoena authority granted to the Human Relations 5 | |
| 29 | + | Commission of Anne Arundel County. 6 | |
| 26 | 30 | ||
| 27 | - | 12–905. | |
| 31 | + | BY adding to 7 | |
| 32 | + | Article – Local Government 8 | |
| 33 | + | Section 12–905 9 | |
| 34 | + | Annotated Code of Maryland 10 | |
| 35 | + | (2013 Volume and 2023 Supplement) 11 | |
| 28 | 36 | ||
| 29 | - | (A) THIS SECTION APPLIES ONLY TO ANNE ARUNDEL COUNTY. | |
| 37 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 | |
| 38 | + | That the Laws of Maryland read as follows: 13 | |
| 30 | 39 | ||
| 31 | - | (B) (1) IF A PERSON FAILS TO OBEY A SUBPOENA SERV ED BY THE ANNE | |
| 32 | - | ARUNDEL COUNTY HUMAN RELATIONS COMMISSION: | |
| 40 | + | Article – Local Government 14 | |
| 33 | 41 | ||
| 34 | - | (1) THE INDIVIDUAL AUTHO RIZING THE SERVICE O F THE SUBPOENA | |
| 35 | - | MAY AUTHORIZE THE IN DIVIDUAL SERVING THE SUBPOENA TO CERTIFY THE | |
| 36 | - | DEFAULT TO THE CLERK OF THE CIRCUIT COURT ; AND | |
| 42 | + | 12–905. 15 | |
| 37 | 43 | ||
| 38 | - | (I) THE COMMISSION MAY APPLY TO A CIRCUIT COURT I N ANY | |
| 39 | - | COUNTY FOR AN ORDER REQUIRING THE ATTEND ANCE AND TESTIMONY O F | |
| 40 | - | WITNESSES AND THE PR ODUCTION OF BOOKS , PAPERS, RECORDS, ELECTRONICALLY | |
| 41 | - | STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND | |
| 44 | + | (A) THIS SECTION APPLIES ONLY TO ANNE ARUNDEL COUNTY. 16 | |
| 42 | 45 | ||
| 43 | - | (2) ON CERTIFICATION OF THE DEFAULT , THE CLERK SHALL ISSU E A | |
| 44 | - | BODY ATTACHMENT TO T HE SHERIFF AGAINST THE P ERSON NAMED IN THE | |
| 45 | - | SUBPOENA, RETURNABLE ON THE DA TE SPECIFIED IN THE ATTACHMENT , TO | |
| 46 | - | COMPEL COMPLIANCE WITH T HE SUBPOENA . | |
| 47 | - | Ch. 989 2024 LAWS OF MARYLAND | |
| 46 | + | (B) (1) IF A PERSON FAILS TO OBEY A SUBPOENA SERV ED BY THE ANNE 17 | |
| 47 | + | ARUNDEL COUNTY HUMAN RELATIONS COMMISSION: 18 | |
| 48 | + | 2 HOUSE BILL 1093 | |
| 48 | 49 | ||
| 49 | - | – 2 – | |
| 50 | - | (II) THE COURT MAY ISSUE AN ORDER REQUIRING T HE | |
| 51 | - | ATTENDANCE AND TESTI MONY OF THE WITNESS AND THE PRODUCTION O F THE | |
| 52 | - | BOOKS, PAPERS, RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , | |
| 53 | - | AND TANGIBLE PROPERT Y: | |
| 54 | 50 | ||
| 55 | - | 1 | |
| 56 | - | ||
| 57 | - | ||
| 51 | + | (1) THE INDIVIDUAL AUTHO RIZING THE SERVICE O F THE SUBPOENA 1 | |
| 52 | + | MAY AUTHORIZE THE IN DIVIDUAL SERVING THE SUBPOENA TO CER TIFY THE 2 | |
| 53 | + | DEFAULT TO THE CLERK OF THE CIRCUIT COURT ; AND 3 | |
| 58 | 54 | ||
| 59 | - | 2. ON A FINDING THAT TH E ATTENDANCE AND | |
| 60 | - | TESTIMONY OF THE WIT NESS OR THE PRODUCTION OF THE BO OKS, PAPERS, | |
| 61 | - | RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , AND TANGIBLE | |
| 62 | - | PROPERTY IS RELEVANT OR NECESSARY FOR THE PROCEEDINGS OF THE | |
| 63 | - | COMMISSION. | |
| 55 | + | (I) THE COMMISSION MAY APPLY TO A CIRCUIT COURT I N ANY 4 | |
| 56 | + | COUNTY FOR AN ORDER REQUIRING THE ATTEND ANCE AND TESTIMONY O F 5 | |
| 57 | + | WITNESSES AND THE PR ODUCTION OF BOOKS , PAPERS, RECORDS, ELECTRONICALLY 6 | |
| 58 | + | STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND 7 | |
| 64 | 59 | ||
| 65 | - | (2) AN ORDER ISSUED BY TH E COURT UNDER THIS S UBSECTION | |
| 66 | - | SHALL BE SERVED ON T HE PERSON TO WHOM IT IS DIRECTED BY THE SHER IFF OR | |
| 67 | - | DEPUTY SHERIFF . | |
| 60 | + | (2) ON CERTIFICATION OF THE DEFAULT , THE CLERK SHALL ISSU E A 8 | |
| 61 | + | BODY ATTACHMENT TO T HE SHERIFF AGAINST THE P ERSON NAMED IN THE 9 | |
| 62 | + | SUBPOENA, RETURNABLE ON THE DA TE SPECIFIED IN THE ATTACHMENT , TO 10 | |
| 63 | + | COMPEL COMPL IANCE WITH THE SUBPO ENA. 11 | |
| 68 | 64 | ||
| 69 | - | (3) A FAILURE TO OBEY AN O RDER ISSUED BY THE C OURT UNDER | |
| 70 | - | THIS SUBSECTION MAY BE PUNISHED BY THE C OURT AS CONTEMPT OF COURT. | |
| 65 | + | (II) THE COURT MAY ISSUE AN ORDER REQUIRING T HE 12 | |
| 66 | + | ATTENDANCE AND TESTI MONY OF THE WITNESS AND THE PRODUCTION O F THE 13 | |
| 67 | + | BOOKS, PAPERS, RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , 14 | |
| 68 | + | AND TANGIBLE PROPERT Y: 15 | |
| 71 | 69 | ||
| 72 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall tak e effect | |
| 73 | - | October 1, 2024. | |
| 70 | + | 1. AFTER NOTICE TO THE PERSON SUBPOENAED AS A 16 | |
| 71 | + | WITNESS OR DIRECTED TO PRODUCE BOOKS , PAPERS, RECORDS, ELECTRONICALLY 17 | |
| 72 | + | STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND 18 | |
| 74 | 73 | ||
| 75 | - | Approved by the Governor, May 16, 2024. | |
| 74 | + | 2. ON A FINDING THAT TH E ATTENDANCE AND 19 | |
| 75 | + | TESTIMONY OF THE WIT NESS OR THE PRODUCTI ON OF THE BOOKS , PAPERS, 20 | |
| 76 | + | RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , AND TANGIBLE 21 | |
| 77 | + | PROPERTY IS RELEVANT OR NECESSARY FOR THE PROCEEDINGS OF THE 22 | |
| 78 | + | COMMISSION. 23 | |
| 79 | + | ||
| 80 | + | (2) AN ORDER ISSUED BY TH E COURT UNDER THIS S UBSECTION 24 | |
| 81 | + | SHALL BE SERVED ON T HE PERSON TO WHOM IT IS DIRECTED BY TH E SHERIFF OR 25 | |
| 82 | + | DEPUTY SHERIFF . 26 | |
| 83 | + | ||
| 84 | + | (3) A FAILURE TO OBEY AN O RDER ISSUED BY THE C OURT UNDER 27 | |
| 85 | + | THIS SUBSECTION MAY BE PUNISHED BY THE C OURT AS CONTEMPT OF COURT. 28 | |
| 86 | + | ||
| 87 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
| 88 | + | October 1, 2024. 30 | |
| 89 | + |