EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0793*
SENATE BILL 793
P3 4lr1732
CF 4lr2133
By: Senator West
Introduced and read first time: February 1, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Maryland Tort Claims Act – Sheriffs and Deputy Sheriffs – County 2
Responsibility 3
FOR the purpose of clarifying that a county is responsible for a certain tort claim against a 4
sheriff or deputy sheriff under the Maryland Tort Claims Act; clarifying that, for 5
certain tort claims against a sheriff or deputy sheriff, the State is the proper 6
defendant; specifying that it is the intent of the General Assembly that the Office of 7
the Attorney General and the State Treasurer work with the Maryland Association 8
of Counties, the counties, and the counties’ respective insurers when disputes arise 9
regarding the allocation of responsibility for tort claims under this Act; and generally 10
relating to the Maryland Tort Claims Act. 11
BY repealing and reenacting, with amendments, 12
Article – State Finance and Procurement 13
Section 9–108 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
(As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 17
BY repealing and reenacting, without amendments, 18
Article – State Government 19
Section 12–101(a)(6) and 12–104(a) 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2023 Supplement) 22
BY adding to 23
Article – State Government 24
Section 12–103.3 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2023 Supplement) 27
2 SENATE BILL 793
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – State Finance and Procurement 3
9–108. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “DETENTION CENTER FUNC TION” INCLUDES: 7
(I) OPERATING AND ADMINI STERING A DETENTION CENTER ; 8
AND 9
(II) SUPERVISING PERSONNEL WHO PERFORM A FUNCTI ON 10
DESCRIBED IN ITEM (I) OF THIS PARAGRAPH . 11
(3) “LAW ENFORCEMENT FUNCT ION” INCLUDES: 12
(I) CONDUCTING PATROL ; 13
(II) MAKING STOPS AND ARR ESTS; 14
(III) INVESTIGATING CRIMIN AL OFFENSES; AND 15
(IV) SUPERVISING PERSONNEL WHO PERFORM A FUNCTI ON 16
DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH . 17
[(a)] (B) This section applies to any sheriff or deputy sheriff engaged in any 18
activity other than those activities relating to: 19
(1) courthouse security; 20
(2) service of process; 21
(3) the transportation of incarcerated individuals to and from court 22
proceedings; 23
(4) personnel and other administrative activities; 24
(5) activities, including activities relating to performing law enforcement 25
functions, arising under a multijurisdictional agreement under the supervision and 26
direction of the Maryland State Police or other State agency; or 27
SENATE BILL 793 3
(6) any other activities, except activities relating to performing law 1
enforcement functions or detention center functions. 2
[(b)] (C) A county or Baltimore City may obtain insurance to provide the 3
coverage and defense necessary under the Maryland Tort Claims Act for personnel covered 4
by this section. 5
[(c)] (D) (1) If a county or Baltimore City does not obtain adequate insurance 6
coverage to satisfy the coverage and defense necessary under the Maryland Tort Claims 7
Act, an assessment for coverage and for payment of any litigation expenses, other than for 8
compensation for the time spent by any State employee working for the Attorney General, 9
shall be set off from: 10
(i) any tax which has been appropriated in the State budget to the 11
county or Baltimore City; or 12
(ii) the subdivision’s share of any income tax collected by the State 13
Comptroller. 14
(2) Any amount due under this subsection shall be collected in the manner 15
provided by § 7–222 of this article. 16
Article – State Government 17
12–101. 18
(a) In this subtitle, unless the context clearly requires otherwise, “State 19
personnel” means: 20
(6) a sheriff or deputy sheriff of a county or Baltimore City; 21
12–103.3. 22
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
(2) “DETENTION CENTER FUNC TION” INCLUDES: 25
(I) OPERATING AND ADMINI STERING A DETENTION CENTER ; 26
AND 27
(II) SUPERVISING PERSONNEL WHO PERFORM A FUNCTI ON 28
DESCRIBED IN ITEM (I) OF THIS PARAGRAPH . 29
(3) “LAW ENFORCEMENT FUNCT ION” INCLUDES: 30
4 SENATE BILL 793
(I) CONDUCTING PATROL ; 1
(II) MAKING STOPS AND ARR ESTS; 2
(III) INVESTIGATING CRIMINAL OFFENSES ; AND 3
(IV) SUPERVISING PERSONNEL WHO PERFORM A FUNCTI ON 4
DESCRIBED IN ITEMS (I) THROUGH (III) OF THIS PARAGRAPH . 5
(4) “TORT CLAIM” MEANS A TORT CLAIM F ILED IN STATE COURT 6
AGAINST A SHERIFF, A DEPUTY SHERIFF , OR THE STATE CLAIMING TORTIO US 7
CONDUCT BY A SHERIFF OR A DEPUTY SHERIFF ARISI NG OUT OF ACTIVITIES 8
RELATED TO THE PERFO RMANCE OF A LAW ENFORCEMENT FUNC TION OR A 9
DETENTION CENTER FUN CTION. 10
(B) (1) A TORT CLAIM SHALL BE CONSIDERED DEFENDED , SETTLED, AND 11
PAID IN THE SAME MAN NER AS ANY OTHER CLA IM FILED AGAINST A COUNTY. 12
(2) (I) THE STATE IS THE PROPER D EFENDANT IN A TORT C LAIM. 13
(II) THE COUNTY MAY NOT BE NAMED AS A DEFENDANT IN A 14
TORT CLAIM. 15
(C) LIABILITY FOR A TORT CLAIM MAY NOT EXCEED THE STATE’S WAIVER 16
OF IMMUNITY UNDER § 12–104 OF THIS SUBTITLE. 17
(D) (1) THE STATE TREASURER IS NOT LIAB LE UNDER § 9–107 OF THE 18
STATE FINANCE AND PROCUREMENT ARTICLE FOR A TORT CLAIM . 19
(2) THE DUTIES, RESPONSIBILITIES , AND LIABILITIES OF T HE STATE 20
UNDER THIS SUBTITLE FOR A TORT CLAIM SHALL BE ASSUMED BY THE APPLICABLE 21
COUNTY. 22
12–104. 23
(a) (1) Subject to the exclusions and limitations in this subtitle and 24
notwithstanding any other provision of law, the immunity of the State and of its units is 25
waived as to a tort action, in a court of the State, to the extent provided under paragraph 26
(2) of this subsection. 27
(2) (i) Except as provided in subparagraphs (ii) and (iii) of this 28
paragraph, the liability of the State and its units may not exceed $400,000 to a single 29
claimant for injuries arising from a single incident or occurrence. 30
SENATE BILL 793 5
(ii) If liability of the State or its units arises from intentional tortious 1
acts or omissions or a violation of a constitutional right committed by a law enforcement 2
officer, the following limits on liability shall apply: 3
1. subject to item 2 of this subparagraph, the combined 4
award for both economic and noneconomic damages may not exceed a total of $890,000 for 5
all claims arising out of the same incident or occurrence, regardless of the number of 6
claimants or beneficiaries who share in the award; and 7
2. in a wrongful death action in which there are two or more 8
claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 9
limitation established under item 1 of this item, regardless of the number of claimants or 10
beneficiaries who share in the award. 11
(iii) If liability of the State or its units arises under a claim of sexual 12
abuse, as defined in § 5–117 of the Courts Article, the liability may not exceed $890,000 to 13
a single claimant for injuries arising from an incident or occurrence. 14
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 15
Assembly that: 16
(1) counties bear responsibility for all matters related to the performance 17
by sheriffs and deputy sheriffs of a county or Baltimore City for “law enforcement functions” 18
and “detention center functions” as defined under Section 1 of this Act; 19
(2) the list of activities included within the definitions of “law enforcement 20
functions” and “detention center functions” under Section 1 of this Act are illustrative and 21
not exhaustive; and 22
(3) the Office of the Attorney General and the State Treasurer work 23
cooperatively with the Maryland Association of Counties, the counties, and the counties’ 24
respective insurers when disputes arise regarding the allocation of responsibility for tort 25
claims under Section 1 of this Act. 26
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28