WES MOORE, Governor Ch. 549
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Chapter 549
(Senate Bill 7)
AN ACT concerning
Public Safety – Law Enforcement Agencies – Positive Community Feedback
FOR the purpose of adding certain positive community feedback to the list of records that
are not considered personnel records for certain purposes; requiring the Maryland
Police Training and Standards Commission to develop a process for citizens to
submit certain feedback; requiring each law enforcement agency to adopt the
uniform citizen positive community feedback process; requiring a law enforcement
agency to maintain a certain record that is subject to public inspection; and generally
relating to law enforcement agencies.
BY repealing and reenacting, with amendments,
Article – General Provisions
Section 4–311(c) and 4–351(a)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Safety
Section 3–207(m) and 3–519.1
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – General Provisions
4–311.
(c) (1) Except as provided in paragraph (2) of this subsection, THE
FOLLOWING RECORDS AR E NOT PERSONNEL RECO RDS FOR THE PURPOSES OF THIS
SECTION:
(I) a record relating to an administrative or criminal investigation
of misconduct by a police officer, including an internal affairs investigatory record[,];
(II) a hearing record[,];
Ch. 549 2024 LAWS OF MARYLAND
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(III) A RECORD OF POSITIVE COMMUNITY FEEDBACK THAT WAS
NOT SOLICITED BY THE POLICE OFFICER WHO I S THE SUBJECT OF THE FEEDBACK;
and
(IV) records relating to a disciplinary decision[, is not a personnel
record for purposes of this section].
(2) A record of a technical infraction is a personnel record for the purposes
of this section.
4–351.
(a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny
inspection of:
(1) records of investigations conducted by the Attorney General, a State’s
Attorney, a municipal or county attorney, a police department, or a sheriff;
(2) an investigatory file compiled for any other law enforcement, judicial,
correctional, or prosecution purpose;
(3) records that contain intelligence information or security procedures of
the Attorney General, a State’s Attorney, a municipal or county attorney, a police
department, a State or local correctional facility, or a sheriff; or
(4) records, other than a record of a technical infraction, relating to an
administrative or criminal investigation of misconduct by a police officer, including an
internal affairs investigatory record, a hearing record, A RECORD OF POSITIVE
COMMUNITY FEEDBACK , and records relating to a disciplinary decision.
Article – Public Safety
3–207.
(M) (1) THE COMMISSION SHALL DEVE LOP A UNIFORM CITIZE N POSITIVE
COMMUNITY FEEDBACK P ROCESS TO BE FOLLOWE D BY EACH LAW ENFORC EMENT
AGENCY.
(2) THE UNIFORM CITIZEN P OSITIVE COMMUNITY FEEDBACK
PROCESS SHALL :
(I) BE SIMPLE; AND
(II) BE POSTED ON THE WEB SITE OF THE COMMISSION AND
EACH LAW ENFORCEMENT AGENCY. WES MOORE, Governor Ch. 549
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3–519.1.
(A) EACH LAW ENFORCEMENT AGENCY SHALL ADOPT T HE UNIFORM
CITIZEN POSITIVE COM MUNITY FEEDBACK PROC ESS DEVELOPED BY THE
MARYLAND POLICE TRAINING AND STANDARDS COMMISSION UNDER § 3–207 OF
THIS TITLE.
(B) A LAW ENFORCEMENT AGEN CY SHALL:
(1) POST THE AGENCY ’S POSITIVE COMMUNITY FEEDBACK PROCESS
ON THE AGENCY ’S WEBSITE IF THE AGE NCY MAINTAINS A WEBS ITE; AND
(2) MAINTAIN A RECORD OF POSITIVE COMMUNITY F EEDBACK FOR
ALL LAW ENFORCEMENT OFFICERS WITHIN THE AGENCY.
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, RECORDS
MAINTAINED UNDER SUB SECTION (B) OF THIS SECTION ARE SUBJECT TO PUBLIC
INSPECTION IN ACCO RDANCE WITH THE MARYLAND PUBLIC INFORMATION ACT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.