Maryland 2024 2024 Regular Session

Maryland Senate Bill SB1038 Chaptered / Bill

Filed 05/23/2024

                     	WES MOORE, Governor 	Ch. 990 
 
– 1 – 
Chapter 990 
(Senate Bill 1038) 
 
AN ACT concerning 
 
Anne Arundel County – Human Relations Commission – Subpoena Enforcement 
 
FOR the purpose of authorizing the Human Relations Commission of Anne Arundel County 
to seek relief in a certain manner if a party fails to comply with a subpoena; and 
generally relating to the subpoena authority granted to the Human Relations 
Commission of Anne Arundel County. 
 
BY adding to 
 Article – Local Government 
Section 12–905 
 Annotated Code of Maryland 
 (2013 Volume and 2023 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Local Government 
 
12–905. 
 
 (A) THIS SECTION APPLIES ONLY TO ANNE ARUNDEL COUNTY. 
 
 (B) (1) IF A PERSON FAILS TO OBEY A SUBPOENA SERV ED BY THE ANNE 
ARUNDEL COUNTY HUMAN RELATIONS COMMISSION: 
 
 (1) THE INDIVIDUAL AUTHO RIZING THE SERVICE O F THE SUBPOENA 
MAY AUTHORIZE THE IN DIVIDUAL SERVING THE SUBPOENA TO CERTIFY THE 
DEFAULT TO THE CLERK OF THE CIRCUIT COURT ; AND 
 
 (2) ON CERTIFICATION OF THE DEFAULT , THE CLERK SHALL ISSU E A 
BODY ATTACHMENT TO T HE SHERIFF AGAINST THE P ERSON NAMED IN THE 
SUBPOENA, RETURNABLE ON THE DA TE SPECIFIED IN THE ATTACHME NT, TO 
COMPEL COMPLIANCE WI TH THE SUBPOENA . 
 
 (I) THE COMMISSION MAY APPLY TO A CIRCUIT COURT I N ANY 
COUNTY FOR AN ORDER REQUIRING THE ATTEND ANCE AND TESTIMONY O F 
WITNESSES AND THE PR ODUCTION OF BOOKS , PAPERS, RECORDS, ELECTRONICALLY 
STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND 
  Ch. 990 	2024 LAWS OF MARYLAND  
 
– 2 – 
 (II) THE COURT MAY ISSUE AN ORDER REQUIRING T HE 
ATTENDANCE AND TESTI MONY OF THE WITNESS AND THE PRODUCTION O F THE 
BOOKS, PAPERS, RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , 
AND TANGIBLE PROPERT Y:  
 
 1. AFTER NOTICE TO THE PERSON SUBPOENAED AS A 
WITNESS OR DIRECTED TO PRODUCE BOOKS , PAPERS, RECORDS, ELECTRONICALLY 
STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND 
 
 2. ON A FINDING THAT TH E ATTENDANCE AND 
TESTIMONY OF THE WIT NESS OR THE PRODUCTION OF THE BO OKS, PAPERS, 
RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , AND TANGIBLE 
PROPERTY IS RELEVANT OR NECESSARY FOR THE PROCEEDINGS OF THE 
COMMISSION.  
 
 (2) AN ORDER ISSUED BY TH E COURT UNDER THIS S UBSECTION 
SHALL BE SERVED ON T HE PERSON TO WHOM IT IS DIRECTED BY THE SHER IFF OR 
DEPUTY SHERIFF .  
 
 (3) A FAILURE TO OBEY AN O RDER ISSUED BY THE C OURT UNDER 
THIS SUBSECTION MAY BE PUNISHED BY THE C OURT AS CONTEMPT OF COURT. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2024. 
 
Approved by the Governor, May 16, 2024.