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