Maryland 2024 Regular Session

Maryland Senate Bill SB1038 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 990
2	1
3		-	– 1 –
4		-	Chapter 990
5		-	(Senate Bill 1038)
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	+	sb1038
8	9
9		-	Anne Arundel County – Human Relations Commission – Subpoena Enforcement
	10	+	SENATE BILL 1038
	11	+	L2 4lr2551
	12	+	CF HB 1093
	13	+	By: Anne Arundel County Senators
	14	+	Introduced and read first time: February 2, 2024
	15	+	Assigned to: Judicial Proceedings
	16	+	Committee Report: Favorable
	17	+	Senate action: Adopted
	18	+	Read second time: February 27, 2024
10	19
11		-	FOR the purpose of authorizing the Human Relations Commission of Anne Arundel County
12		-	to seek relief in a certain manner if a party fails to comply with a subpoena; and
13		-	generally relating to the subpoena authority granted to the Human Relations
14		-	Commission of Anne Arundel County.
	20	+	CHAPTER ______
15	21
16		-	BY adding to
17		-	Article – Local Government
18		-	Section 12–905
19		-	Annotated Code of Maryland
20		-	(2013 Volume and 2023 Supplement)
	22	+	AN ACT concerning 1
21	23
22		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23		-	That the Laws of Maryland read as follows:
	24	+	Anne Arundel County – Human Relations Commission – Subpoena Enforcement 2
24	25
25		-	Article – Local Government
	26	+	FOR the purpose of authorizing the Human Relations Commission of Anne Arundel County 3
	27	+	to seek relief in a certain manner if a party fails to comply with a subpoena; and 4
	28	+	generally relating to the subpoena authority granted to the Human Relations 5
	29	+	Commission of Anne Arundel County. 6
26	30
27		-	12–905.
	31	+	BY adding to 7
	32	+	Article – Local Government 8
	33	+	Section 12–905 9
	34	+	Annotated Code of Maryland 10
	35	+	(2013 Volume and 2023 Supplement) 11
28	36
29		-	(A) THIS SECTION APPLIES ONLY TO ANNE ARUNDEL COUNTY.
	37	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
	38	+	That the Laws of Maryland read as follows: 13
30	39
31		-	(B) (1) IF A PERSON FAILS TO OBEY A SUBPOENA SERV ED BY THE ANNE
32		-	ARUNDEL COUNTY HUMAN RELATIONS COMMISSION:
	40	+	Article – Local Government 14
33	41
34		-	(1) THE INDIVIDUAL AUTHO RIZING THE SERVICE O F THE SUBPOENA
35		-	MAY AUTHORIZE THE IN DIVIDUAL SERVING THE SUBPOENA TO CERTIFY THE
36		-	DEFAULT TO THE CLERK OF THE CIRCUIT COURT ; AND
	42	+	12–905. 15
37	43
38		-	(2) ON CERTIFICATION OF THE DEFAULT , THE CLERK SHALL ISSU E A
39		-	BODY ATTACHMENT TO T HE SHERIFF AGAINST THE P ERSON NAMED IN THE
40		-	SUBPOENA, RETURNABLE ON THE DA TE SPECIFIED IN THE ATTACHME NT, TO
41		-	COMPEL COMPLIANCE WI TH THE SUBPOENA .
	44	+	(A) THIS SECTION APPLIES ONLY TO ANNE ARUNDEL COUNTY. 16
42	45
43		-	(I) THE COMMISSION MAY APPLY TO A CIRCUIT COURT I N ANY
44		-	COUNTY FOR AN ORDER REQUIRING THE ATTEND ANCE AND TESTIMONY O F
45		-	WITNESSES AND THE PR ODUCTION OF BOOKS , PAPERS, RECORDS, ELECTRONICALLY
46		-	STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND
47		-	Ch. 990 2024 LAWS OF MARYLAND
	46	+	(B) IF A PERSON FAILS TO OBEY A SUBPOENA SERV ED BY THE ANNE 17
	47	+	ARUNDEL COUNTY HUMAN RELATIONS COMMISSION: 18 2 SENATE BILL 1038
48	48
49		-	– 2 –
50		-	(II) THE COURT MAY ISSUE AN ORDER REQUIRING T HE
51		-	ATTENDANCE AND TESTI MONY OF THE WITNESS AND THE PRODUCTION O F THE
52		-	BOOKS, PAPERS, RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS ,
53		-	AND TANGIBLE PROPERT Y:
54	49
55		-	1. AFTER NOTICE TO THE PERSON SUBPOENAED AS A
56		-	WITNESS OR DIRECTED TO PRODUCE BOOKS , PAPERS, RECORDS, ELECTRONICALLY
57		-	STORED INFORMATION , DOCUMENTS , AND TANGIBLE PROPERT Y; AND
58	50
59		-	2. ON A FINDING THAT TH E ATTENDANCE AND
60		-	TESTIMONY OF THE WIT NESS OR THE PRODUCTION OF THE BO OKS, PAPERS,
61		-	RECORDS, ELECTRONICALLY STORE D INFORMATION , DOCUMENTS , AND TANGIBLE
62		-	PROPERTY IS RELEVANT OR NECESSARY FOR THE PROCEEDINGS OF THE
63		-	COMMISSION.
	51	+	(1) THE INDIVIDUAL AUTHO RIZING THE SERVICE O F THE SUBPOENA 1
	52	+	MAY AUTHORIZE THE IN DIVIDUAL SERVING THE SUBPOENA TO CERTIFY THE 2
	53	+	DEFAULT TO THE CLERK OF THE CIRCUIT COURT ; AND 3
64	54
65		-	(2) AN ORDER ISSUED BY TH E COURT UNDER THIS S UBSECTION
66		-	SHALL BE SERVED ON T HE PERSON TO WHOM IT IS DIRECTED BY THE SHER IFF OR
67		-	DEPUTY SHERIFF .
	55	+	(2) ON CERTIFICATION OF THE DEFAULT , THE CLERK SHALL ISSU E A 4
	56	+	BODY ATTACHMENT TO T HE SHERIFF AGAINST THE P ERSON NAMED IN THE 5
	57	+	SUBPOENA, RETURNABLE ON THE DA TE SPECIFIED IN THE ATTACHMENT , TO 6
	58	+	COMPEL COMPLIANCE WITH THE SUBPOENA . 7
68	59
69		-	~~(3) A FAILURE TO OBEY AN O RDER ISSUED BY THE C OURT UNDER~~
70		-	~~THIS SUBSECTION MAY BE PUNISHED BY THE C OURT AS CONTEMPT OF COURT~~.
	60	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
	61	+	October 1, 2024. 9
71	62
72		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
73		-	October 1, 2024.
74	63
75		-	Approved by the Governor, May 16, 2024.
	64	+
	65	+	Approved:
	66	+	________________________________________________________________________________
	67	+	Governor.
	68	+	________________________________________________________________________________
	69	+	President of the Senate.
	70	+	________________________________________________________________________________
	71	+	Speaker of the House of Delegates.