EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0139*
HOUSE BILL 139
E4 5lr1683
(PRE–FILED)
By: Delegate Young
Requested: November 1, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Police Accountability – Deadline for Completion of Investigation 2
FOR the purpose of requiring the investigating unit of a law enforcement agency to 3
complete its review of a certain complaint and forward its investigatory files to the 4
administrative charging committee within a certain period of time after the filing of 5
the complaint; and generally relating to police accountability. 6
BY repealing and reenacting, without amendments, 7
Article – Public Safety 8
Section 3–104 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Public Safety 13
Section 3–113 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Public Safety 19
3–104. 20
(a) (1) Each county shall have one administrative charging committee to serve 21
countywide law enforcement agencies and local law enforcement agencies within the 22
county. 23
2 HOUSE BILL 139
(2) A county administrative charging committee shall be composed of: 1
(i) the chair of the county’s police accountability board, or another 2
member of the accountability board designated by the chair of the accountability board; 3
(ii) two civilian members selected by the county’s police 4
accountability board; and 5
(iii) two civilian members selected by the chief executive officer of the 6
county. 7
(b) (1) There shall be at least one statewide administrative charging 8
committee to serve statewide and bi–county law enforcement agencies. 9
(2) A statewide administrative charging committee shall be composed of: 10
(i) three civilian members appointed by the Governor; 11
(ii) one civilian member appointed by the President of the Senate; 12
and 13
(iii) one civilian member appointed by the Speaker of the House. 14
(c) Before serving as a member of an administrative charging committee, an 15
individual shall receive training on matters relating to police procedures from the 16
Maryland Police Training and Standards Commission. 17
(d) On completion of an investigation of a complaint of police misconduct 18
involving a member of the public and a police officer, regardless of whether the complaint 19
originated from within the law enforcement agency or from an external source, the law 20
enforcement agency shall forward to the appropriate administrative charging committee 21
the investigatory files for the matter. 22
(e) An administrative charging committee shall: 23
(1) review the findings of a law enforcement agency’s investigation 24
conducted and forwarded in accordance with subsection (d) of this section; 25
(2) make a determination that the police officer who is subject to 26
investigation shall be: 27
(i) administratively charged; or 28
(ii) not administratively charged; 29
(3) if the police officer is charged, recommend discipline in accordance with 30
the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 31 HOUSE BILL 139 3
of this subtitle; 1
(4) review any body camera footage that may be relevant to the matters 2
covered in the complaint of misconduct; 3
(5) authorize a police officer called to appear before an administrative 4
charging committee to be accompanied by a representative; 5
(6) issue a written opinion that describes in detail its findings, 6
determinations, and recommendations; and 7
(7) forward the written opinion to the chief of the law enforcement agency, 8
the police officer, and the complainant. 9
(f) In executing its duties in accordance with subsection (e) of this section, an 10
administrative charging committee may: 11
(1) request information or action from the law enforcement agency that 12
conducted the investigation, including requiring additional investigation and the issuance 13
of subpoenas; 14
(2) if the police officer is not administratively charged, make a 15
determination that: 16
(i) the allegations against the police officer are unfounded; or 17
(ii) the police officer is exonerated; and 18
(3) record, in writing, any failure of supervision that caused or contributed 19
to a police officer’s misconduct. 20
(g) An administrative charging committee shall meet once per month or as 21
needed. 22
(h) A member of an administrative charging committee shall maintain 23
confidentiality relating to a matter being considered by the administrative charging 24
committee until final disposition of the matter. 25
3–113. 26
(a) (1) The investigating unit of a law enforcement agency shall immediately 27
review a complaint by a member of the public alleging police officer misconduct. 28
(2) THE INVESTIGATING UNI T SHALL COMPLETE ITS REVIEW AND 29
FORWARD ITS INVESTIG ATORY FILES TO THE A DMINISTRATIVE CHARGI NG 30
COMMITTEE AS SOON AS POSSIBLE , BUT NOT LATER THAN 9 MONTHS AFTER THE 31
FILING OF A COMPLAIN T. 32 4 HOUSE BILL 139
(b) An administrative charging committee shall review and make a determination 1
or ask for further review within 30 days after completion of the investigating unit’s review. 2
(c) The process of review by the investigating unit through disposition by the 3
administrative charging committee shall be completed within 1 year and 1 day after the 4
filing of a complaint by a citizen. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7