EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb1108*
SENATE BILL 1108
D2 EMERGENCY BILL 4lr1526
CF HB 720
By: Carroll County Senators
Introduced and read first time: February 4, 2024
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Carroll County – Deputy Clerk or Deputy Sheriff – Oath of Office 2
FOR the purpose of requiring that every deputy clerk or deputy sheriff in Carroll County 3
take and sign the oath or affirmation prescribed by the Maryland Constitution; and 4
generally relating to oaths of office. 5
BY repealing and reenacting, with amendments, 6
Article – Courts and Judicial Proceedings 7
Section 2–104 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Courts and Judicial Proceedings 13
2–104. 14
(a) Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other 15
officer before he assumes the duties of his office, shall take and sign the oath or affirmation 16
prescribed by the Constitution. 17
(b) Except as provided in subsection (d) of this section, every deputy clerk or 18
sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or 19
affirm) that I will not for lucre or malice delay any person applying to me for any business 20
belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact, 21
demand, or receive from or charge to any such person to my own use any fee or reward 22
whatsoever for any services I may do as deputy of the said office, and that in making out 23
the office fees I will not wittingly or willingly charge other or higher fees than are allowed 24
by law.” 25 2 SENATE BILL 1108
(c) (1) In addition to the oath or affirmation required under subsection (b) of 1
this section, in St. Mary’s County, every deputy sheriff shall take and subscribe the 2
following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true 3
faith and allegiance to the United States of America and to the State of Maryland; that I 4
will serve honestly and faithfully to uphold and defend the Constitution of the United 5
States and the Constitution of Maryland; that I will enforce the laws of St. Mary’s County, 6
and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior 7
officers according to the rules and regulations of the Sheriff’s Office, St. Mary’s County and 8
the State of Maryland.” 9
(2) In addition to the oath or affirmation required under subsection (b) of 10
this section, in Charles County, every deputy sheriff shall take and subscribe the following 11
oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and 12
allegiance to the United States of America and to the State of Maryland; that I will serve 13
honestly and faithfully to uphold and defend the Constitution of the United States and the 14
Constitution of Maryland; that I will enforce the laws of Charles County, and the State of 15
Maryland; and that I will obey the orders of the Sheriff and of my superior officers according 16
to the rules and regulations of the Sheriff’s Office, Charles County and the State of 17
Maryland.” 18
(d) In CARROLL COUNTY, Montgomery County, and Washington County, every 19
deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by 20
Article I, § 9 of the Maryland Constitution. 21
(e) (1) Except as authorized by Article I, § 10 of the Maryland Constitution, 22
every officer, except the clerk of the circuit court of a county or an appellate court, shall 23
take the oath before the clerk of the circuit court. 24
(2) Except as provided in Article I, § 10 of the Maryland Constitution, the 25
clerk of a circuit court shall take the oath before a judge of the court. 26
(3) The clerk of an appellate court shall take the oath before the Governor. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 28
measure, is necessary for the immediate preservation of the public health or safety, has 29
been passed by a yea and nay vote supported by three–fifths of all the members elected to 30
each of the two Houses of the General Assembly, and shall take effect from the date it is 31
enacted. 32