EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0186*
HOUSE BILL 186
E4 5lr1662
(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
Police Discipline – Trial Board Composition 2
FOR the purpose of altering the composition of trial boards responsible for adjudicating 3
matters of police discipline; and generally relating to police discipline. 4
BY repealing and reenacting, with amendments, 5
Article – Public Safety 6
Section 3–106 7
Annotated Code of Maryland 8
(2022 Replacement Volume and 2024 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Public Safety 12
3–106. 13
(a) (1) Except as provided in paragraph (2) of this subsection, each law 14
enforcement agency shall establish a trial board process in accordance with this section to 15
adjudicate all matters for which a police officer is subject to discipline. 16
(2) A small law enforcement agency may use the trial board process of 17
another law enforcement agency by mutual agreement. 18
(b) (1) Except as provided in paragraph (2) of this subsection, a trial board 19
shall be composed of: 20
2 HOUSE BILL 186
(i) [an actively serving or retired administrative law judge or a 1
retired judge of the District Court or a circuit court] AN ATTORNEY WHO MEET S THE 2
QUALIFICATIONS IN SU BSECTION (C) OF THIS SECTION , appointed by the chief 3
executive officer of the county; 4
(ii) a civilian who is not a member of an administrative charging 5
committee, appointed by the county’s police accountability board; and 6
(iii) a police officer of equal rank to the police officer who is accused 7
of misconduct appointed by the head of the law enforcement agency. 8
(2) (i) This paragraph may not be construed to apply to the Baltimore 9
Police Department. 10
(ii) A trial board for a statewide or bi–county law enforcement 11
agency shall be composed of: 12
1. [an actively serving or retired administrative law judge] 13
AN ATTORNEY WHO MEET S THE QUALIFICATIONS IN SUBSECTION (C) OF THIS 14
SECTION, appointed by the Chief Administrative Law Judge of the Maryland Office of 15
Administrative Hearings; 16
2. a civilian who is not a member of an administrative 17
charging committee or the Maryland Police Training and Standards Commission, 18
appointed by the police accountability board for the county where the alleged misconduct 19
occurred; and 20
3. a police officer of equal rank to the police officer who is 21
accused of misconduct appointed by the head of the law enforcement agency. 22
(c) AN ATTORNEY IS QUALIFIED TO BE APPOINTED TO A TRIAL BOARD 23
UNDER SUBSECTION (B)(1)(I) OR (2)(II)1 OF THIS SECTION ONLY IF THE ATTORNEY : 24
(1) IS A CITIZEN OF THE UNITED STATES AND A RESIDENT OF TH E 25
STATE; 26
(2) IS REGISTERED TO VOT E IN STATE ELECTIONS ; 27
(3) HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST 5 YEARS; 28
(4) HAS BEEN A RESIDENT OF THE JURISDICTION SERVED BY THE 29
TRIAL BOARD TO WHICH THE ATTORNEY IS APPO INTED FOR AT LEAST 6 MONTHS 30
IMMEDIATELY PRECEDIN G THE APPOINTMENT ; 31
(5) IS AT LEAST 30 YEARS OF AGE AT THE TIME OF THE APPOINTM ENT; 32 HOUSE BILL 186 3
(6) IS ADMITTED TO PRACT ICE LAW IN THE STATE; AND 1
(7) IS MOST DISTINGUISHE D FOR INTEGRITY , WISDOM, AND SOUND 2
LEGAL KNOWLEDGE . 3
(D) The [actively serving or retired administrative law judge or the retired judge 4
of the District Court or a circuit court] ATTORNEY QUALIFIED U NDER SUBSECTION (C) 5
OF THIS SECTION shall: 6
(1) be the chair of the trial board; 7
(2) be responsible for ruling on all motions before the trial board; and 8
(3) prepare the written decision of the trial board, including the findings, 9
conclusions, and recommendations of the trial board. 10
[(d)] (E) Before serving as a member of a trial board, an individual shall receive 11
training on matters relating to police procedures from the Maryland Police Training and 12
Standards Commission. 13
[(e)] (F) Proceedings of a trial board shall be open to the public, except to protect: 14
(1) a victim’s identity; 15
(2) the personal privacy of an individual; 16
(3) a child witness; 17
(4) medical records; 18
(5) the identity of a confidential source; 19
(6) an investigative technique or procedure; or 20
(7) the life or physical safety of an individual. 21
[(f)] (G) A trial board may administer oaths and issue subpoenas as necessary 22
to complete its work. 23
[(g)] (H) A complainant has the right to be notified of a trial board hearing and, 24
except as provided in subsection [(e)] (F) of this section, the right to attend a trial board 25
hearing. 26
4 HOUSE BILL 186
[(h)] (I) Except as otherwise provided in this subtitle, a law enforcement agency 1
has the burden of proof by a preponderance of the evidence in any proceeding under this 2
subtitle. 3
[(i)] (J) A police officer may be disciplined only for cause. 4
[(j)] (K) Within 45 days after the final hearing by a trial board, the trial board 5
shall issue a written decision reflecting the findings, conclusions, and recommendations of 6
a majority of the trial board. 7
[(k)] (L) (1) Within 30 days after the date of issuance of a decision of a trial 8
board, the decision may be appealed by the police officer: 9
(i) if the trial board is from a local law enforcement agency, to the 10
circuit court of the county in which the law enforcement agency is located; 11
(ii) if the trial board is from a bi–county law enforcement agency, to 12
a circuit court in a county in which the incident that gave rise to the disciplinary proceeding 13
occurred; and 14
(iii) if the trial board is from a statewide law enforcement agency, to 15
the Circuit Court for Anne Arundel County. 16
(2) An appeal taken under this subsection shall be on the record. 17
[(l)] (M) A trial board decision is final unless appealed by a police officer under 18
subsection [(k)] (L) of this section. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2025. 21