| Old | New | Differences | |
|---|---|---|---|
| 1 | - | WES MOORE, Governor Ch. 548 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 548 | |
| 5 | - | (House Bill 973) | |
| 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 | + | *hb0973* | |
| 8 | 9 | ||
| 9 | - | Public Safety – Law Enforcement Agencies – Positive Community Feedback | |
| 10 | + | HOUSE BILL 973 | |
| 11 | + | P3 4lr2684 | |
| 12 | + | HB 682/23 – JUD CF SB 7 | |
| 13 | + | By: Delegates Valentine, Buckel, McComas, Miller, Munoz, Rose, Tomlinson, and | |
| 14 | + | Wivell Wivell, Simmons, Arikan, Taylor, Grammer, Conaway, and Kaufman | |
| 15 | + | Introduced and read first time: February 2, 2024 | |
| 16 | + | Assigned to: Judiciary | |
| 17 | + | Committee Report: Favorable with amendments | |
| 18 | + | House action: Adopted | |
| 19 | + | Read second time: March 5, 2024 | |
| 10 | 20 | ||
| 11 | - | FOR the purpose of adding certain positive community feedback to the list of records that | |
| 12 | - | are not considered personnel records for certain purposes; requiring the Maryland | |
| 13 | - | Police Training and Standards Commission to develop a process for citizens to | |
| 14 | - | submit certain feedback; requiring each law enforcement agency to adopt the | |
| 15 | - | uniform citizen positive community feedback process; requiring a law enforcement | |
| 16 | - | agency to maintain a certain record that is subject to public inspection; and generally | |
| 17 | - | relating to law enforcement agencies. | |
| 21 | + | CHAPTER ______ | |
| 18 | 22 | ||
| 19 | - | BY repealing and reenacting, with amendments, | |
| 20 | - | Article – General Provisions | |
| 21 | - | Section 4–311(c) and 4–351(a) | |
| 22 | - | Annotated Code of Maryland | |
| 23 | - | (2019 Replacement Volume and 2023 Supplement) | |
| 23 | + | AN ACT concerning 1 | |
| 24 | 24 | ||
| 25 | - | BY adding to | |
| 26 | - | Article – Public Safety | |
| 27 | - | Section 3–207(m) and 3–519.1 | |
| 28 | - | Annotated Code of Maryland | |
| 29 | - | (2022 Replacement Volume and 2023 Supplement) | |
| 25 | + | Public Safety – Law Enforcement Agencies – Positive Community Feedback 2 | |
| 30 | 26 | ||
| 31 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 32 | - | That the Laws of Maryland read as follows: | |
| 27 | + | FOR the purpose of adding certain positive community feedback to the list of records that 3 | |
| 28 | + | are not considered personnel records for certain purposes; requiring the Maryland 4 | |
| 29 | + | Police Training and Standards Commission to develop a process for citizens to 5 | |
| 30 | + | submit certain feedback; requiring each law enforcement agency to adopt the 6 | |
| 31 | + | uniform citizen positive community feedback process; requiring a law enforcement 7 | |
| 32 | + | agency to maintain a certain record that is subject to public inspection; and generally 8 | |
| 33 | + | relating to law enforcement agencies. 9 | |
| 33 | 34 | ||
| 34 | - | Article – General Provisions | |
| 35 | + | BY repealing and reenacting, with amendments, 10 | |
| 36 | + | Article – General Provisions 11 | |
| 37 | + | Section 4–311(c) and 4–351(a) 12 | |
| 38 | + | Annotated Code of Maryland 13 | |
| 39 | + | (2019 Replacement Volume and 2023 Supplement) 14 | |
| 35 | 40 | ||
| 36 | - | 4–311. | |
| 41 | + | BY adding to 15 | |
| 42 | + | Article – Public Safety 16 | |
| 43 | + | Section 3–207(m) and 3–519.1 17 | |
| 44 | + | Annotated Code of Maryland 18 | |
| 45 | + | (2022 Replacement Volume and 2023 Supplement) 19 | |
| 37 | 46 | ||
| 38 | - | (c) (1) Except as provided in paragraph (2) o f this subsection, THE | |
| 39 | - | FOLLOWING RECORDS AR E NOT PERSONNEL RECO RDS FOR THE PURPOSES OF THIS | |
| 40 | - | SECTION: | |
| 47 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 48 | + | That the Laws of Maryland read as follows: 21 2 HOUSE BILL 973 | |
| 41 | 49 | ||
| 42 | - | (I) a record relating to an administrative or criminal investigation | |
| 43 | - | of misconduct by a police officer, including an internal affairs investigatory record[,]; | |
| 44 | 50 | ||
| 45 | - | (II) a hearing record[,]; | |
| 46 | - | Ch. 548 2024 LAWS OF MARYLAND | |
| 47 | 51 | ||
| 48 | - | – 2 – | |
| 49 | - | (III) A RECORD OF POSITIVE COMMUNITY FEEDBACK THAT WAS | |
| 50 | - | NOT SOLICITED BY THE POLICE OFFICER WHO I S THE SUBJECT OF THE FEEDBACK; | |
| 51 | - | and | |
| 52 | + | Article – General Provisions 1 | |
| 52 | 53 | ||
| 53 | - | (IV) records relating to a disciplinary decision[, is not a personnel | |
| 54 | - | record for purposes of this section]. | |
| 54 | + | 4–311. 2 | |
| 55 | 55 | ||
| 56 | - | (2) A record of a technical infraction is a personnel record for the purposes | |
| 57 | - | of this section. | |
| 56 | + | (c) (1) Except as provided in paragraph (2) of this subsection, THE 3 | |
| 57 | + | FOLLOWING RECORDS AR E NOT PERSONNEL RECO RDS FOR THE PURPOSES OF THIS 4 | |
| 58 | + | SECTION: 5 | |
| 58 | 59 | ||
| 59 | - | 4–351. | |
| 60 | + | (I) a record relating to an administrative or criminal investigation 6 | |
| 61 | + | of misconduct by a police officer, including an internal affairs investigatory record[,]; 7 | |
| 60 | 62 | ||
| 61 | - | (a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny | |
| 62 | - | inspection of: | |
| 63 | + | (II) a hearing record[,]; 8 | |
| 63 | 64 | ||
| 64 | - | (1) records of investigations conducted by the Attorney General, a State’s | |
| 65 | - | Attorney, a municipal or county attorney, a police department, or a sheriff; | |
| 65 | + | (III) A RECORD OF POSITIVE COMMUNITY FEEDBACK THAT WAS 9 | |
| 66 | + | NOT SOLICITED BY THE POLICE OFFICER WHO IS THE SUB JECT OF THE FEEDBACK ; 10 | |
| 67 | + | and 11 | |
| 66 | 68 | ||
| 67 | - | ( | |
| 68 | - | ||
| 69 | + | (IV) records relating to a disciplinary decision[, is not a personnel 12 | |
| 70 | + | record for purposes of this section]. 13 | |
| 69 | 71 | ||
| 70 | - | (3) records that contain intelligence information or security procedures of | |
| 71 | - | the Attorney General, a State’s Attorney, a municipal or county attorney, a police | |
| 72 | - | department, a State or local correctional facility, or a sheriff; or | |
| 72 | + | (2) A record of a technical infraction is a personnel record for the purposes 14 | |
| 73 | + | of this section. 15 | |
| 73 | 74 | ||
| 74 | - | (4) records, other than a record of a technical infraction, relating to an | |
| 75 | - | administrative or criminal investigation of misconduct by a police officer, including an | |
| 76 | - | internal affairs investigatory record, a hearing record, A RECORD OF POSITIVE | |
| 77 | - | COMMUNITY FEEDBACK , and records relating to a disciplinary decision. | |
| 75 | + | 4–351. 16 | |
| 78 | 76 | ||
| 79 | - | Article – Public Safety | |
| 77 | + | (a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny 17 | |
| 78 | + | inspection of: 18 | |
| 80 | 79 | ||
| 81 | - | 3–207. | |
| 80 | + | (1) records of investigations conducted by the Attorney General, a State’s 19 | |
| 81 | + | Attorney, a municipal or county attorney, a police department, or a sheriff; 20 | |
| 82 | 82 | ||
| 83 | - | (M) (1) THE COMMISSION SHALL DEVE LOP A UNIFORM CITIZE N POSITIVE | |
| 84 | - | COMMUNITY FEEDBACK P ROCESS TO BE FOLLOWE D BY EACH LAW ENFORC EMENT | |
| 85 | - | AGENCY. | |
| 83 | + | (2) an investigatory file compiled for any other law enforcement, judicial, 21 | |
| 84 | + | correctional, or prosecution purpose; 22 | |
| 86 | 85 | ||
| 87 | - | (2) THE UNIFORM CITIZEN P OSITIVE COMMUNITY FE EDBACK | |
| 88 | - | PROCESS SHALL : | |
| 86 | + | (3) records that contain intelligence information or security procedures of 23 | |
| 87 | + | the Attorney General, a State’s Attorney, a municipal or county attorney, a police 24 | |
| 88 | + | department, a State or local correctional facility, or a sheriff; or 25 | |
| 89 | 89 | ||
| 90 | - | (I) BE SIMPLE; AND | |
| 90 | + | (4) records, other than a record of a technical infraction, relating to an 26 | |
| 91 | + | administrative or criminal investigation of misconduct by a police officer, including an 27 | |
| 92 | + | internal affairs investigatory record, a hearing record, A RECORD OF POSITIVE 28 | |
| 93 | + | COMMUNITY FEEDBACK , and records relating to a disciplinary decision. 29 | |
| 91 | 94 | ||
| 92 | - | ||
| 93 | - | ||
| 95 | + | Article – Public Safety 30 | |
| 96 | + | HOUSE BILL 973 3 | |
| 94 | 97 | ||
| 95 | - | – 3 – | |
| 96 | 98 | ||
| 97 | - | 3– | |
| 99 | + | 3–207. 1 | |
| 98 | 100 | ||
| 99 | - | (A) EACH LAW ENFORCEMENT AGENCY SHALL ADOPT T HE UNIFORM | |
| 100 | - | CITIZEN POSITIVE COM MUNITY FEEDBACK PROC ESS DEVELOPED BY THE | |
| 101 | - | MARYLAND POLICE TRAINING AND STANDARDS COMMISSION UNDER § 3–207 OF | |
| 102 | - | THIS TITLE. | |
| 101 | + | (M) (1) THE COMMISSION SHALL DEVE LOP A UNIFORM CITIZE N POSITIVE 2 | |
| 102 | + | COMMUNITY FEEDBACK P ROCESS TO BE FOLLOWE D BY EACH LAW ENFORC EMENT 3 | |
| 103 | + | AGENCY. 4 | |
| 103 | 104 | ||
| 104 | - | (B) A LAW ENFORCEMENT AGEN CY SHALL: | |
| 105 | + | (2) THE UNIFORM CITIZEN P OSITIVE COMMUNITY FE EDBACK 5 | |
| 106 | + | PROCESS SHALL : 6 | |
| 105 | 107 | ||
| 106 | - | (1) POST THE AGENCY ’S POSITIVE COMMUNITY FEEDBACK PROCESS | |
| 107 | - | ON THE AGENCY ’S WEBSITE IF THE AGE NCY MAINTAINS A WEBS ITE; AND | |
| 108 | + | (I) BE SIMPLE; AND 7 | |
| 108 | 109 | ||
| 109 | - | ( | |
| 110 | - | ||
| 110 | + | (II) BE POSTED ON THE WEB SITE OF THE COMMISSION AND 8 | |
| 111 | + | EACH LAW ENFORCEMENT AGENCY. 9 | |
| 111 | 112 | ||
| 112 | - | (C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, RECORDS | |
| 113 | - | MAINTAINED UNDER SUB SECTION (B) OF THIS SECTION ARE SUBJECT TO PUBLIC | |
| 114 | - | INSPECTION IN ACCORD ANCE WITH THE MARYLAND PUBLIC INFORMATION ACT. | |
| 113 | + | 3–519.1. 10 | |
| 115 | 114 | ||
| 116 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
| 117 | - | October 1, 2024. | |
| 115 | + | (A) EACH LAW ENFORCEMENT AGENCY SHALL ADOPT T HE UNIFORM 11 | |
| 116 | + | CITIZEN POSITIVE COM MUNITY FEEDBACK PROC ESS DEVELOPED BY THE 12 | |
| 117 | + | MARYLAND POLICE TRAINING AND STANDARDS COMMISSION UNDER § 3–207 OF 13 | |
| 118 | + | THIS TITLE. 14 | |
| 118 | 119 | ||
| 119 | - | Approved by the Governor, May 9, 2024. | |
| 120 | + | (B) A LAW ENFORCEMENT AGEN CY SHALL: 15 | |
| 121 | + | ||
| 122 | + | (1) POST THE AGENCY’S POSITIVE COMMUNITY FEEDBACK PROCESS 16 | |
| 123 | + | ON THE AGENCY ’S WEBSITE IF THE AGE NCY MAINTAINS A WEBS ITE; AND 17 | |
| 124 | + | ||
| 125 | + | (2) MAINTAIN A RECORD OF POSITIVE COMMUNITY F EEDBACK FOR 18 | |
| 126 | + | ALL LAW ENFORCEMENT OFFICERS WITHIN THE AGENCY. 19 | |
| 127 | + | ||
| 128 | + | (C) NOTWITHSTANDING ANY O THER PROVISION OF LAW , RECORDS 20 | |
| 129 | + | MAINTAINED UNDER SUB SECTION (B) OF THIS SECTION ARE SUBJECT TO PUBLIC 21 | |
| 130 | + | INSPECTION IN ACCORD ANCE WITH THE MARYLAND PUBLIC INFORMATION ACT. 22 | |
| 131 | + | ||
| 132 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
| 133 | + | October 1, 2024. 24 | |
| 134 | + | ||
| 135 | + | ||
| 136 | + | ||
| 137 | + |