MD
Maryland House Bill HB895

Maryland 2024 Regular Session

Maryland House Bill HB895 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 611
21
3-– 1 –
4-Chapter 611
5-(House Bill 895)
62
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+ *hb0895*
89
9-Maryland Tort Claims Act – Sheriffs and Deputy Sheriffs – County
10-Responsibility
10+HOUSE BILL 895
11+P3 4lr2133
12+ CF SB 793
13+By: Delegate Embry
14+Introduced and read first time: February 2, 2024
15+Assigned to: Judiciary
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 7, 2024
1119
12-FOR the purpose of clarifying that a county is responsible for a certain tort claim against a
13-sheriff or deputy sheriff under the Maryland Tort Claims Act; clarifying that, for
14-certain tort claims against a sheriff or deputy sheriff, the State is the proper
15-defendant; specifying that it is the intent of the General Assembly that the Office of
16-the Attorney General and the State Treasurer work with the Maryland Association
17-of Counties, the counties, and the counties’ respective insurers when disputes arise
18-regarding the allocation of responsibility for tort claims under this Act; and generally
19-relating to the Maryland Tort Claims Act.
20+CHAPTER ______
2021
21-BY repealing and reenacting, with amendments,
22- Article – State Finance and Procurement
23-Section 9–108
24- Annotated Code of Maryland
25- (2021 Replacement Volume and 2023 Supplement)
26- (As enacted by Chapter 721 of the Acts of the General Assembly of 2023)
22+AN ACT concerning 1
2723
28-BY repealing and reenacting, without amendments,
29- Article – State Government
30-Section 12–101(a)(6) and 12–104(a)
31- Annotated Code of Maryland
32- (2021 Replacement Volume and 2023 Supplement)
24+Maryland Tort Claims Act – Sheriffs and Deputy Sheriffs – County 2
25+Responsibility 3
3326
34-BY adding to
35- Article – State Government
36-Section 12–103.3
37- Annotated Code of Maryland
38- (2021 Replacement Volume and 2023 Supplement)
27+FOR the purpose of clarifying that a county is responsible for a certain tort claim against a 4
28+sheriff or deputy sheriff under the Maryland Tort Claims Act; clarifying that, for 5
29+certain tort claims against a sheriff or deputy sheriff, the State is the proper 6
30+defendant; specifying that it is the intent of the General Assembly that the Office of 7
31+the Attorney General and the State Treasurer work with the Maryland Association 8
32+of Counties, the counties, and the counties’ respective insurers when disputes arise 9
33+regarding the allocation of responsibility for tort claims under this Act; and generally 10
34+relating to the Maryland Tort Claims Act. 11
3935
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41-That the Laws of Maryland read as follows:
36+BY repealing and reenacting, with amendments, 12
37+ Article – State Finance and Procurement 13
38+Section 9–108 14
39+ Annotated Code of Maryland 15
40+ (2021 Replacement Volume and 2023 Supplement) 16
41+ (As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 17
4242
43-Article – State Finance and Procurement
43+BY repealing and reenacting, without amendments, 18
44+ Article – State Government 19
45+Section 12–101(a)(6) and 12–104(a) 20
46+ Annotated Code of Maryland 21
47+ (2021 Replacement Volume and 2023 Supplement) 22
48+ 2 HOUSE BILL 895
4449
45-9–108.
4650
47- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
48-INDICATED. Ch. 611 2024 LAWS OF MARYLAND
51+BY adding to 1
52+ Article – State Government 2
53+Section 12–103.3 3
54+ Annotated Code of Maryland 4
55+ (2021 Replacement Volume and 2023 Supplement) 5
4956
50-– 2 –
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5159
52- (2) “DETENTION CENTER FUNC TION” INCLUDES:
60+Article – State Finance and Procurement 8
5361
54- (I) OPERATING AND ADMINI STERING A DETENTION CENTER;
55-AND
62+9–108. 9
5663
57- (II) SUPERVISING PERSONNEL WHO PERFOR M A FUNCTION
58-DESCRIBED IN ITEM (I) OF THIS PARAGRAPH .
64+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
65+INDICATED. 11
5966
60- (3) “LAW ENFORCEMENT FUNCT ION” INCLUDES:
67+ (2) “DETENTION CENTER FUNC TION” INCLUDES: 12
6168
62- (I) CONDUCTING PATROL ;
69+ (I) OPERATING AND ADMINI STERING A DETENTION CENTER; 13
70+AND 14
6371
64- (II) MAKING STOPS AND ARR ESTS;
72+ (II) SUPERVISING PERSONNE L WHO PERFORM A FUNCTION 15
73+DESCRIBED IN ITEM (I) OF THIS PARAGRAPH . 16
6574
66- (III) INVESTIGATING CRIMIN AL OFFENSES; AND
75+ (3) “LAW ENFORCEMENT FUNCT ION” INCLUDES: 17
6776
68- (IV) SUPERVISING PERSONNE L WHO PERFORM A FUNC TION
69-DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH .
77+ (I) CONDUCTING PATROL ; 18
7078
71- [(a)] (B) This section applies to any sheriff or deputy sheriff engaged in any
72-activity other than those activities relating to:
79+ (II) MAKING STOPS AND ARR ESTS; 19
7380
74- (1) courthouse security;
81+ (III) INVESTIGATING CRIMIN AL OFFENSES; AND 20
7582
76- (2) service of process;
83+ (IV) SUPERVISING PERSONNE L WHO PERFORM A FUNC TION 21
84+DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH . 22
7785
78- (3) the transportation of incarcerated individuals to and from court
79-proceedings;
86+ [(a)] (B) This section applies to any sheriff or deputy sheriff engaged in any 23
87+activity other than those activities relating to: 24
8088
81- (4) personnel and other administrative activities;
89+ (1) courthouse security; 25
8290
83- (5) activities, including activities relating to performing law enforcement
84-functions, arising under a multijurisdictional agreement under the supervision and
85-direction of the Maryland State Police or other State agency; or
91+ (2) service of process; 26
8692
87- (6) any other activities, except activities relating to performing law
88-enforcement functions or detention center functions.
93+ (3) the transportation of incarcerated individuals to and from court 27
94+proceedings; 28
95+ HOUSE BILL 895 3
8996
90- [(b)] (C) A county or Baltimore City may obtain insurance to provide the
91-coverage and defense necessary under the Maryland Tort Claims Act [for personnel covered
92-by this section].
93- WES MOORE, Governor Ch. 611
9497
95-– 3 –
96- [(c)] (D) (1) If a county or Baltimore City does not obtain adequate insurance
97-coverage to satisfy the coverage and defense necessary under the Maryland Tort Claims
98-Act, an assessment for coverage and for payment of any litigation expenses, other than for
99-compensation for the time spent by any State employee working for the Attorney General,
100-shall be set off from:
98+ (4) personnel and other administrative activities; 1
10199
102- (i) any tax which has been appropriated in the State budget to the
103-county or Baltimore City; or
100+ (5) activities, including activities relating to performing law enforcement 2
101+functions, arising under a multijurisdictional agreement under the supervision and 3
102+direction of the Maryland State Police or other State agency; or 4
104103
105- (ii) the subdivision’s share of any income tax collected by the State
106-Comptroller.
104+ (6) any other activities, except activities relating to performing law 5
105+enforcement functions or detention center functions. 6
107106
108- (2) Any amount due under this subsection shall be collected in the manner
109-provided by § 7–222 of this article.
107+ [(b)] (C) A county or Baltimore City may obtain insurance to provide the 7
108+coverage and defense necessary under the Maryland Tort Claims Act [for personnel covered 8
109+by this section]. 9
110110
111-Article – State Government
111+ [(c)] (D) (1) If a county or Baltimore City does not obtain adequate insurance 10
112+coverage to satisfy the coverage and defense necessary under the Maryland Tort Claims 11
113+Act, an assessment for coverage and for payment of any litigation expenses, other than for 12
114+compensation for the time spent by any State employee working for the Attorney General, 13
115+shall be set off from: 14
112116
113-12–101.
117+ (i) any tax which has been appropriated in the State budget to the 15
118+county or Baltimore City; or 16
114119
115- (a) In this subtitle, unless the context clearly requires otherwise, “State
116-personnel” means:
120+ (ii) the subdivision’s share of any income tax collected by the State 17
121+Comptroller. 18
117122
118- (6) a sheriff or deputy sheriff of a county or Baltimore City;
123+ (2) Any amount due under this subsection shall be collected in the manner 19
124+provided by § 7–222 of this article. 20
119125
120-12–103.3.
126+Article – State Government 21
121127
122- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
123-INDICATED.
128+12–101. 22
124129
125- (2) “DETENTION CENTER FUNC TION” INCLUDES:
130+ (a) In this subtitle, unless the context clearly requires otherwise, “State 23
131+personnel” means: 24
126132
127- (I) OPERATING AND ADMINI STERING A DETENTION CENTER;
128-AND
133+ (6) a sheriff or deputy sheriff of a county or Baltimore City; 25
129134
130- (II) SUPERVISING PERSONNE L WHO PERFORM A FUNCTION
131-DESCRIBED IN ITEM (I) OF THIS PARAGRAPH .
135+12–103.3. 26
132136
133- (3) “LAW ENFORCEMENT FUNCT ION” INCLUDES:
137+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
138+INDICATED. 28
134139
135- (I) CONDUCTING PATROL ;
140+ (2) “DETENTION CENTER FUNC TION” INCLUDES: 29
136141
137- (II) MAKING STOPS AND ARR ESTS;
142+ (I) OPERATING AND ADMINI STERING A DETENTION CENTER; 30
143+AND 31 4 HOUSE BILL 895
138144
139- (III) INVESTIGATING CRIMIN AL OFFENSES; AND
140- Ch. 611 2024 LAWS OF MARYLAND
141145
142-– 4 –
143- (IV) SUPERVISING PERSONNE L WHO PERFORM A FUNC TION
144-DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH .
145146
146- (4) “TORT CLAIM” MEANS A TORT CLAIM F ILED IN STATE COURT
147-AGAINST A SHERIFF , A DEPUTY SHERIFF , OR THE STATE CLAIMING TORTIO US
148-CONDUCT BY A SHERIFF OR A DEPUTY SHERIFF ARISI NG OUT OF ACTIVITIES
149-RELATED TO THE PERFO RMANCE OF A LAW ENFO RCEMENT FUNCTION OR A
150-DETENTION CENTER FUN CTION.
147+ (II) SUPERVISING PERS ONNEL WHO PERFORM A FUNCTION 1
148+DESCRIBED IN ITEM (I) OF THIS PARAGRAPH . 2
151149
152- (B) (1) A TORT CLAIM SHALL BE CONSIDERED DEFENDED , SETTLED, AND
153-PAID IN THE SAME MAN NER AS ANY OTHER CLA IM FILED AGAINST A COUNTY.
150+ (3) “LAW ENFORCEMENT FUNCT ION” INCLUDES: 3
154151
155- (2) (I) THE STATE IS THE PROPER D EFENDANT IN A TORT C LAIM.
152+ (I) CONDUCTING PATROL ; 4
156153
157- (II) THE COUNTY MAY NOT BE NAMED AS A DEFENDANT IN A
158-TORT CLAIM.
154+ (II) MAKING STOPS AND ARR ESTS; 5
159155
160- (C) LIABILITY FOR A TORT CLAIM MAY NOT EXCEED THE STATE’S WAIVER
161-OF IMMUNITY UNDER § 12–104 OF THIS SUBTITLE.
156+ (III) INVESTIGATING CRIMIN AL OFFENSES; AND 6
162157
163- (D) (1) THE STATE TREASURER IS NOT LIAB LE UNDER § 9–107 OF THE
164-STATE FINANCE AND PROCUREMENT ARTICLE FOR A TORT CL AIM.
158+ (IV) SUPERVISING PERSONNE L WHO PERFORM A FUNC TION 7
159+DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH . 8
165160
166- (2) THE DUTIES, RESPONSIBILITIES , AND LIABILITIES OF T HE STATE
167-UNDER THIS SUBTITLE FOR A TORT CLAIM SHA LL BE ASSUMED BY THE APPLICABLE
168-COUNTY.
161+ (4) “TORT CLAIM” MEANS A TORT CLAIM F ILED IN STATE COURT 9
162+AGAINST A SHERIFF , A DEPUTY SHERIFF , OR THE STATE CLAIMING TORTIO US 10
163+CONDUCT BY A SHERIFF OR A DEPUTY SHERIFF ARISI NG OUT OF ACTIVITIES 11
164+RELATED TO THE PERFO RMANCE OF A LAW ENFO RCEMENT FUNCTION OR A 12
165+DETENTION CENTER FUN CTION. 13
169166
170-12–104.
167+ (B) (1) A TORT CLAIM SHALL BE CONSIDERED DEFENDED , SETTLED, AND 14
168+PAID IN THE SAME MAN NER AS ANY OTHER CLA IM FILED AGAINST A COUNTY. 15
171169
172- (a) (1) Subject to the exclusions and limitations in this subtitle and
173-notwithstanding any other provision of law, the immunity of the State and of its units is
174-waived as to a tort action, in a court of the State, to the extent provided under paragraph
175-(2) of this subsection.
170+ (2) (I) THE STATE IS THE PROPER D EFENDANT IN A TORT C LAIM. 16
176171
177- (2) (i) Except as provided in subparagraphs (ii) and (iii) of this
178-paragraph, the liability of the State and its units may not exceed $400,000 to a single
179-claimant for injuries arising from a single incident or occurrence.
172+ (II) THE COUNTY MAY NOT BE NAMED AS A DEFENDANT IN A 17
173+TORT CLAIM. 18
180174
181- (ii) If liability of the State or its units arises from intentional tortious
182-acts or omissions or a violation of a constitutional right committed by a law enforcement
183-officer, the following limits on liability shall apply:
175+ (C) LIABILITY FOR A TORT CLAIM MAY NOT EXCEED THE STATE’S WAIVER 19
176+OF IMMUNITY UNDER § 12–104 OF THIS SUBTITLE. 20
184177
185- 1. subject to item 2 of this subparagraph, the combined
186-award for both economic and noneconomic damages may not exceed a total of $890,000 for WES MOORE, Governor Ch. 611
178+ (D) (1) THE STATE TREASURER IS NOT LIAB LE UNDER § 9–107 OF THE 21
179+STATE FINANCE AND PROCUREMENT ARTICLE FOR A TORT CL AIM. 22
187180
188-– 5 –
189-all claims arising out of the same incident or occurrence, regardless of the number of
190-claimants or beneficiaries who share in the award; and
181+ (2) THE DUTIES, RESPONSIBILITIES , AND LIABILITIES OF T HE STATE 23
182+UNDER THIS SUBTITLE FOR A TORT CLAIM SHA LL BE ASSUMED BY THE APPLICABLE 24
183+COUNTY. 25
191184
192- 2. in a wrongful death action in which there are two or more
193-claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the
194-limitation established under item 1 of this item, regardless of the number of claimants or
195-beneficiaries who share in the award.
185+12–104. 26
196186
197- (iii) If liability of the State or its units arises under a claim of sexual
198-abuse, as defined in § 5–117 of the Courts Article, the liability may not exceed $890,000 to
199-a single claimant for injuries arising from an incident or occurrence.
187+ (a) (1) Subject to the exclusions and limitations in this subtitle and 27
188+notwithstanding any other provision of law, the immunity of the State and of its units is 28 HOUSE BILL 895 5
200189
201- SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General
202-Assembly that:
203190
204- (1) counties bear responsibility for all matters related to the performance
205-by sheriffs and deputy sheriffs of a county or Baltimore City for “law enforcement functions”
206-and “detention center functions” as defined under Section 1 of this Act;
191+waived as to a tort action, in a court of the State, to the extent provided under paragraph 1
192+(2) of this subsection. 2
207193
208- (2) the list of activities included within the definitions of “law enforcement
209-functions” and “detention center functions” under Section 1 of this Act are illustrative and
210-not exhaustive; and
194+ (2) (i) Except as provided in subparagraphs (ii) and (iii) of this 3
195+paragraph, the liability of the State and its units may not exceed $400,000 to a single 4
196+claimant for injuries arising from a single incident or occurrence. 5
211197
212- (3) the Office of the Attorney General and the State Treasurer work
213-cooperatively with the Maryland Association of Counties, the counties, and the counties’
214-respective insurers when disputes arise regarding the allocation of responsibility for tort
215-claims under Section 1 of this Act.
198+ (ii) If liability of the State or its units arises from intentional tortious 6
199+acts or omissions or a violation of a constitutional right committed by a law enforcement 7
200+officer, the following limits on liability shall apply: 8
216201
217- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
218-October 1, 2024.
202+ 1. subject to item 2 of this subparagraph, the combined 9
203+award for both economic and noneconomic damages may not exceed a total of $890,000 for 10
204+all claims arising out of the same incident or occurrence, regardless of the number of 11
205+claimants or beneficiaries who share in the award; and 12
219206
220-Approved by the Governor, May 9, 2024.
207+ 2. in a wrongful death action in which there are two or more 13
208+claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 14
209+limitation established under item 1 of this item, regardless of the number of claimants or 15
210+beneficiaries who share in the award. 16
211+
212+ (iii) If liability of the State or its units arises under a claim of sexual 17
213+abuse, as defined in § 5–117 of the Courts Article, the liability may not exceed $890,000 to 18
214+a single claimant for injuries arising from an incident or occurrence. 19
215+
216+ SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 20
217+Assembly that: 21
218+
219+ (1) counties bear responsibility for all matters related to the performance 22
220+by sheriffs and deputy sheriffs of a county or Baltimore City for “law enforcement functions” 23
221+and “detention center functions” as defined under Section 1 of this Act; 24
222+
223+ (2) the list of activities included within the definitions of “law enforcement 25
224+functions” and “detention center functions” under Section 1 of this Act are illustrative and 26
225+not exhaustive; and 27
226+
227+ (3) the Office of the Attorney General and the State Treasurer work 28
228+cooperatively with the Maryland Association of Counties, the counties, and the counties’ 29
229+respective insurers when disputes arise regarding the allocation of responsibility for tort 30
230+claims under Section 1 of this Act. 31
231+
232+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
233+October 1, 2024. 33