MD
Maryland Senate Bill SB7

Maryland 2024 Regular Session

Maryland Senate Bill SB7 Compare Versions

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1- WES MOORE, Governor Ch. 549
21
3-– 1 –
4-Chapter 549
5-(Senate Bill 7)
62
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0007*
810
9-Public Safety – Law Enforcement Agencies – Positive Community Feedback
11+SENATE BILL 7
12+P3 (4lr1428)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Senator Bailey
1016
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.
17+Read and Examined by Proofreaders:
1818
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)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2423
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)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3025
31- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32-That the Laws of Maryland read as follows:
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3327
34-Article – General Provisions
28+______________________________________________
29+President.
3530
36-4–311.
31+CHAPTER ______
3732
38- (c) (1) Except as provided in paragraph (2) of this subsection, THE
39-FOLLOWING RECORDS AR E NOT PERSONNEL RECO RDS FOR THE PURPOSES OF THIS
40-SECTION:
33+AN ACT concerning 1
4134
42- (I) a record relating to an administrative or criminal investigation
43-of misconduct by a police officer, including an internal affairs investigatory record[,];
35+Public Safety – Law Enforcement Agencies – Positive Community Feedback 2
4436
45- (II) a hearing record[,];
46- Ch. 549 2024 LAWS OF MARYLAND
37+FOR the purpose of adding certain positive community feedback to the list of records that 3
38+are not considered personnel records for certain purposes; requiring the Maryland 4
39+Police Training and Standards Commission to develop a process for citizens to 5
40+submit certain feedback; requiring each law enforcement agency to adopt the 6
41+uniform citizen positive community feedback process; requiring a law enforcement 7
42+agency to maintain a certain record that is subject to public inspection; and generally 8
43+relating to law enforcement agencies. 9
4744
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
45+BY repealing and reenacting, with amendments, 10
46+ Article – General Provisions 11
47+ Section 4–311(c) and 4–351(a) 12
48+ Annotated Code of Maryland 13
49+ (2019 Replacement Volume and 2023 Supplement) 14 2 SENATE BILL 7
5250
53- (IV) records relating to a disciplinary decision[, is not a personnel
54-record for purposes of this section].
5551
56- (2) A record of a technical infraction is a personnel record for the purposes
57-of this section.
5852
59-4–351.
53+BY adding to 1
54+ Article – Public Safety 2
55+Section 3–207(m) and 3–519.1 3
56+ Annotated Code of Maryland 4
57+ (2022 Replacement Volume and 2023 Supplement) 5
6058
61- (a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny
62-inspection of:
59+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
60+That the Laws of Maryland read as follows: 7
6361
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;
62+Article – General Provisions 8
6663
67- (2) an investigatory file compiled for any other law enforcement, judicial,
68-correctional, or prosecution purpose;
64+4–311. 9
6965
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
66+ (c) (1) Except as provided in paragraph (2) of this subsection, THE 10
67+FOLLOWING RECORDS AR E NOT PERSONNEL RECO RDS FOR THE PURPOSES OF THIS 11
68+SECTION: 12
7369
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.
70+ (I) a record relating to an administrative or criminal investigation 13
71+of misconduct by a police officer, including an internal affairs investigatory record[,]; 14
7872
79-Article – Public Safety
73+ (II) a hearing record[,]; 15
8074
81-3–207.
75+ (III) A RECORD OF POSITIVE COMMUNITY FEEDBACK THAT WAS 16
76+NOT SOLICITED BY THE POLICE OFFICER WHO I S THE SUBJECT OF THE FEEDBACK; 17
77+and 18
8278
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.
79+ (IV) records relating to a disciplinary decision[, is not a personnel 19
80+record for purposes of this section]. 20
8681
87- (2) THE UNIFORM CITIZEN P OSITIVE COMMUNITY FEEDBACK
88-PROCESS SHALL :
82+ (2) A record of a technical infraction is a personnel record for the purposes 21
83+of this section. 22
8984
90- (I) BE SIMPLE; AND
85+4–351. 23
9186
92- (II) BE POSTED ON THE WEB SITE OF THE COMMISSION AND
93-EACH LAW ENFORCEMENT AGENCY. WES MOORE, Governor Ch. 549
87+ (a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny 24
88+inspection of: 25
9489
95-– 3 –
90+ (1) records of investigations conducted by the Attorney General, a State’s 26
91+Attorney, a municipal or county attorney, a police department, or a sheriff; 27
9692
97-3–519.1.
93+ (2) an investigatory file compiled for any other law enforcement, judicial, 28
94+correctional, or prosecution purpose; 29
95+ SENATE BILL 7 3
9896
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.
10397
104- (B) A LAW ENFORCEMENT AGEN CY SHALL:
98+ (3) records that contain intelligence information or security procedures of 1
99+the Attorney General, a State’s Attorney, a municipal or county attorney, a police 2
100+department, a State or local correctional facility, or a sheriff; or 3
105101
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
102+ (4) records, other than a record of a technical infraction, relating to an 4
103+administrative or criminal investigation of misconduct by a police officer, including an 5
104+internal affairs investigatory record, a hearing record, A RECORD OF POSITIVE 6
105+COMMUNITY FEEDBACK , and records relating to a disciplinary decision. 7
108106
109- (2) MAINTAIN A RECORD OF POSITIVE COMMUNITY F EEDBACK FOR
110-ALL LAW ENFORCEMENT OFFICERS WITHIN THE AGENCY.
107+Article – Public Safety 8
111108
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 ACCO RDANCE WITH THE MARYLAND PUBLIC INFORMATION ACT.
109+3–207. 9
115110
116- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
117-October 1, 2024.
111+ (M) (1) THE COMMISSION SHALL DEVE LOP A UNIFORM CITIZE N POSITIVE 10
112+COMMUNITY FEEDBACK P ROCESS TO BE FOLLOWE D BY EACH LAW ENFORC EMENT 11
113+AGENCY. 12
118114
119-Approved by the Governor, May 9, 2024.
115+ (2) THE UNIFORM CITIZEN POSI TIVE COMMUNITY FEEDB ACK 13
116+PROCESS SHALL : 14
117+
118+ (I) BE SIMPLE; AND 15
119+
120+ (II) BE POSTED ON THE WEB SITE OF THE COMMISSION AND 16
121+EACH LAW ENFORCEMENT AGENCY. 17
122+
123+3–519.1. 18
124+
125+ (A) EACH LAW ENFORCEMENT AGENCY SHALL ADOPT T HE UNIFORM 19
126+CITIZEN POSITIVE COM MUNITY FEEDBACK PROCE SS DEVELOPED BY THE 20
127+MARYLAND POLICE TRAINING AND STANDARDS COMMISSION UNDER § 3–207 OF 21
128+THIS TITLE. 22
129+
130+ (B) A LAW ENFORCEMENT AGEN CY SHALL: 23
131+
132+ (1) POST THE AGENCY ’S POSITIVE COMMUNITY FEEDBACK PROCESS 24
133+ON THE AGENCY ’S WEBSITE IF THE AGE NCY MAINTAINS A WEBSITE ; AND 25
134+
135+ (2) MAINTAIN A RECORD OF POSITIVE COMMUNITY F EEDBACK FOR 26
136+ALL LAW ENFORCEMENT OFFICERS WITHIN THE AGENCY. 27
137+
138+ (C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, RECORDS 28
139+MAINTAINED UNDER SUB SECTION (B) OF THIS SECTION ARE SUBJECT TO PUBLIC 29
140+INSPECTION IN ACCORD ANCE WITH THE MARYLAND PUBLIC INFORMATION ACT. 30
141+ 4 SENATE BILL 7
142+
143+
144+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
145+October 1, 2024. 2
146+
147+
148+
149+Approved:
150+________________________________________________________________________________
151+ Governor.
152+________________________________________________________________________________
153+ President of the Senate.
154+________________________________________________________________________________
155+ Speaker of the House of Delegates.