EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0973*
HOUSE BILL 973
P3 4lr2684
HB 682/23 – JUD CF SB 7
By: Delegates Valentine, Buckel, McComas, Miller, Munoz, Rose, Tomlinson, and
Wivell
Introduced and read first time: February 2, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Law Enforcement Agencies – Positive Community Feedback 2
FOR the purpose of adding positive community feedback to the list of records that are not 3
considered personnel records for certain purposes; requiring the Maryland Police 4
Training and Standards Commission to develop a process for citizens to submit 5
certain feedback; requiring each law enforcement agency to adopt the uniform citizen 6
positive community feedback process; requiring a law enforcement agency to 7
maintain a certain record that is subject to public inspection; and generally relating 8
to law enforcement agencies. 9
BY repealing and reenacting, with amendments, 10
Article – General Provisions 11
Section 4–311(c) and 4–351(a) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2023 Supplement) 14
BY adding to 15
Article – Public Safety 16
Section 3–207(m) and 3–519.1 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – General Provisions 22
4–311. 23
2 HOUSE BILL 973
(c) (1) Except as provided in paragraph (2) of this subsection, THE 1
FOLLOWING RECORDS AR E NOT PERSONNEL RECORDS FOR THE PURP OSES OF THIS 2
SECTION: 3
(I) a record relating to an administrative or criminal investigation 4
of misconduct by a police officer, including an internal affairs investigatory record[,]; 5
(II) a hearing record[,]; 6
(III) A RECORD OF POSITIVE COMMUNITY FEEDBACK ; and 7
(IV) records relating to a disciplinary decision[, is not a personnel 8
record for purposes of this section]. 9
(2) A record of a technical infraction is a personnel record for the purposes 10
of this section. 11
4–351. 12
(a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny 13
inspection of: 14
(1) records of investigations conducted by the Attorney General, a State’s 15
Attorney, a municipal or county attorney, a police department, or a sheriff; 16
(2) an investigatory file compiled for any other law enforcement, judicial, 17
correctional, or prosecution purpose; 18
(3) records that contain intelligence information or security procedures of 19
the Attorney General, a State’s Attorney, a municipal or county attorney, a police 20
department, a State or local correctional facility, or a sheriff; or 21
(4) records, other than a record of a technical infraction, relating to an 22
administrative or criminal investigation of misconduct by a police officer, including an 23
internal affairs investigatory record, a hearing record, A RECORD OF POSITIVE 24
COMMUNITY FEEDBACK , and records relating to a disciplinary decision. 25
Article – Public Safety 26
3–207. 27
(M) (1) THE COMMISSION SHALL DEVE LOP A UNIFORM CITIZE N POSITIVE 28
COMMUNITY FEEDBACK PR OCESS TO BE FOLLOWED BY EACH LAW ENFORCEM ENT 29
AGENCY. 30
(2) THE UNIFORM CITIZEN P OSITIVE COMMUNITY FE EDBACK 31 HOUSE BILL 973 3
PROCESS SHALL : 1
(I) BE SIMPLE; AND 2
(II) BE POSTED ON THE WEB SITE OF THE COMMISSION AND 3
EACH LAW ENFORCEMENT AGENCY. 4
3–519.1. 5
(A) EACH LAW ENFORCEMENT AGENCY SHALL ADOPT T HE UNIFORM 6
CITIZEN POSITIVE COM MUNITY FEEDBACK PROC ESS DEVELOPED BY THE 7
MARYLAND POLICE TRAINING AND STANDARDS COMMISSION UNDER § 3–207 OF 8
THIS TITLE. 9
(B) A LAW ENFORCEMENT AGEN CY SHALL: 10
(1) POST THE AGENCY’S POSITIVE COMMUNITY FEEDBACK PROCESS 11
ON THE AGENCY ’S WEBSITE IF THE AGE NCY MAINTAINS A WEBS ITE; AND 12
(2) MAINTAIN A RECORD OF POSITIVE COMMUNITY F EEDBACK FOR 13
ALL LAW ENFORCEMENT OFFICERS WITHIN THE AGENCY. 14
(C) NOTWITHSTANDING ANY O THER PRO VISION OF LAW , RECORDS 15
MAINTAINED UNDER SUB SECTION (B) OF THIS SECTION ARE SUBJECT TO PUBLIC 16
INSPECTION IN ACCORD ANCE WITH THE MARYLAND PUBLIC INFORMATION ACT. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19