WES MOORE, Governor Ch. 611
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Chapter 611
(House Bill 895)
AN ACT concerning
Maryland Tort Claims Act – Sheriffs and Deputy Sheriffs – County
Responsibility
FOR the purpose of clarifying that a county is responsible for a certain tort claim against a
sheriff or deputy sheriff under the Maryland Tort Claims Act; clarifying that, for
certain tort claims against a sheriff or deputy sheriff, the State is the proper
defendant; specifying that it is the intent of the General Assembly that the Office of
the Attorney General and the State Treasurer work with the Maryland Association
of Counties, the counties, and the counties’ respective insurers when disputes arise
regarding the allocation of responsibility for tort claims under this Act; and generally
relating to the Maryland Tort Claims Act.
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 9–108
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
(As enacted by Chapter 721 of the Acts of the General Assembly of 2023)
BY repealing and reenacting, without amendments,
Article – State Government
Section 12–101(a)(6) and 12–104(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – State Government
Section 12–103.3
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Finance and Procurement
9–108.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED. Ch. 611 2024 LAWS OF MARYLAND
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(2) “DETENTION CENTER FUNC TION” INCLUDES:
(I) OPERATING AND ADMINI STERING A DETENTION CENTER;
AND
(II) SUPERVISING PERSONNEL WHO PERFOR M A FUNCTION
DESCRIBED IN ITEM (I) OF THIS PARAGRAPH .
(3) “LAW ENFORCEMENT FUNCT ION” INCLUDES:
(I) CONDUCTING PATROL ;
(II) MAKING STOPS AND ARR ESTS;
(III) INVESTIGATING CRIMIN AL OFFENSES; AND
(IV) SUPERVISING PERSONNE L WHO PERFORM A FUNC TION
DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH .
[(a)] (B) This section applies to any sheriff or deputy sheriff engaged in any
activity other than those activities relating to:
(1) courthouse security;
(2) service of process;
(3) the transportation of incarcerated individuals to and from court
proceedings;
(4) personnel and other administrative activities;
(5) activities, including activities relating to performing law enforcement
functions, arising under a multijurisdictional agreement under the supervision and
direction of the Maryland State Police or other State agency; or
(6) any other activities, except activities relating to performing law
enforcement functions or detention center functions.
[(b)] (C) A county or Baltimore City may obtain insurance to provide the
coverage and defense necessary under the Maryland Tort Claims Act [for personnel covered
by this section].
WES MOORE, Governor Ch. 611
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[(c)] (D) (1) If a county or Baltimore City does not obtain adequate insurance
coverage to satisfy the coverage and defense necessary under the Maryland Tort Claims
Act, an assessment for coverage and for payment of any litigation expenses, other than for
compensation for the time spent by any State employee working for the Attorney General,
shall be set off from:
(i) any tax which has been appropriated in the State budget to the
county or Baltimore City; or
(ii) the subdivision’s share of any income tax collected by the State
Comptroller.
(2) Any amount due under this subsection shall be collected in the manner
provided by § 7–222 of this article.
Article – State Government
12–101.
(a) In this subtitle, unless the context clearly requires otherwise, “State
personnel” means:
(6) a sheriff or deputy sheriff of a county or Baltimore City;
12–103.3.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “DETENTION CENTER FUNC TION” INCLUDES:
(I) OPERATING AND ADMINI STERING A DETENTION CENTER;
AND
(II) SUPERVISING PERSONNE L WHO PERFORM A FUNCTION
DESCRIBED IN ITEM (I) OF THIS PARAGRAPH .
(3) “LAW ENFORCEMENT FUNCT ION” INCLUDES:
(I) CONDUCTING PATROL ;
(II) MAKING STOPS AND ARR ESTS;
(III) INVESTIGATING CRIMIN AL OFFENSES; AND
Ch. 611 2024 LAWS OF MARYLAND
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(IV) SUPERVISING PERSONNE L WHO PERFORM A FUNC TION
DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH .
(4) “TORT CLAIM” MEANS A TORT CLAIM F ILED IN STATE COURT
AGAINST A SHERIFF , A DEPUTY SHERIFF , OR THE STATE CLAIMING TORTIO US
CONDUCT BY A SHERIFF OR A DEPUTY SHERIFF ARISI NG OUT OF ACTIVITIES
RELATED TO THE PERFO RMANCE OF A LAW ENFO RCEMENT FUNCTION OR A
DETENTION CENTER FUN CTION.
(B) (1) A TORT CLAIM SHALL BE CONSIDERED DEFENDED , SETTLED, AND
PAID IN THE SAME MAN NER AS ANY OTHER CLA IM FILED AGAINST A COUNTY.
(2) (I) THE STATE IS THE PROPER D EFENDANT IN A TORT C LAIM.
(II) THE COUNTY MAY NOT BE NAMED AS A DEFENDANT IN A
TORT CLAIM.
(C) LIABILITY FOR A TORT CLAIM MAY NOT EXCEED THE STATE’S WAIVER
OF IMMUNITY UNDER § 12–104 OF THIS SUBTITLE.
(D) (1) THE STATE TREASURER IS NOT LIAB LE UNDER § 9–107 OF THE
STATE FINANCE AND PROCUREMENT ARTICLE FOR A TORT CL AIM.
(2) THE DUTIES, RESPONSIBILITIES , AND LIABILITIES OF T HE STATE
UNDER THIS SUBTITLE FOR A TORT CLAIM SHA LL BE ASSUMED BY THE APPLICABLE
COUNTY.
12–104.
(a) (1) Subject to the exclusions and limitations in this subtitle and
notwithstanding any other provision of law, the immunity of the State and of its units is
waived as to a tort action, in a court of the State, to the extent provided under paragraph
(2) of this subsection.
(2) (i) Except as provided in subparagraphs (ii) and (iii) of this
paragraph, the liability of the State and its units may not exceed $400,000 to a single
claimant for injuries arising from a single incident or occurrence.
(ii) If liability of the State or its units arises from intentional tortious
acts or omissions or a violation of a constitutional right committed by a law enforcement
officer, the following limits on liability shall apply:
1. subject to item 2 of this subparagraph, the combined
award for both economic and noneconomic damages may not exceed a total of $890,000 for WES MOORE, Governor Ch. 611
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all claims arising out of the same incident or occurrence, regardless of the number of
claimants or beneficiaries who share in the award; and
2. in a wrongful death action in which there are two or more
claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the
limitation established under item 1 of this item, regardless of the number of claimants or
beneficiaries who share in the award.
(iii) If liability of the State or its units arises under a claim of sexual
abuse, as defined in § 5–117 of the Courts Article, the liability may not exceed $890,000 to
a single claimant for injuries arising from an incident or occurrence.
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General
Assembly that:
(1) counties bear responsibility for all matters related to the performance
by sheriffs and deputy sheriffs of a county or Baltimore City for “law enforcement functions”
and “detention center functions” as defined under Section 1 of this Act;
(2) the list of activities included within the definitions of “law enforcement
functions” and “detention center functions” under Section 1 of this Act are illustrative and
not exhaustive; and
(3) the Office of the Attorney General and the State Treasurer work
cooperatively with the Maryland Association of Counties, the counties, and the counties’
respective insurers when disputes arise regarding the allocation of responsibility for tort
claims under Section 1 of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.