EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0238*
HOUSE BILL 238
E4 5lr1435
HB 188/24 – JUD (PRE–FILED)
By: Delegates Cardin and Grammer
Requested: October 28, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Police Accountability – Time Limit for Filing Administrative 2
Charges 3
FOR the purpose of altering the deadline for the completion of the process of review by a 4
certain investigating unit through disposition by an administrative charging 5
committee under certain circumstances; requiring a law enforcement agency to file 6
any administrative charges arising out of an investigation of alleged police officer 7
misconduct that is not required to be reviewed by an administrative charging 8
committee within a certain period of time; requiring an administrative charging 9
committee or law enforcement agency to file any administrative charges for alleged 10
police officer misconduct that reasonably appears to be the subject of a criminal 11
investigation within a certain period of time; and generally relating to police 12
accountability. 13
BY repealing and reenacting, with amendments, 14
Article – Public Safety 15
Section 3–113 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Public Safety 21
3–113. 22
(a) The investigating unit of a law enforcement agency shall immediately review 23
a complaint by a member of the public alleging police officer misconduct. 24
2 HOUSE BILL 238
(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] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, FOR 3
AN INCIDENT INVOLVIN G A MEMBER OF THE PU BLIC AND A POLICE OF FICER, THE 4
process of review by the investigating unit through disposition by the administrative 5
charging committee shall be completed within 1 year and 1 day after the [filing of a 6
complaint by a citizen] DATE THAT THE APPROP RIATE OFFICIAL EMPLO YED BY THE 7
LAW ENFORCEMENT AGEN CY BECAME AWARE OF T HE INCIDENT. 8
(D) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SEC TION, A LAW 9
ENFORCEMENT AGENCY S HALL FILE ANY ADMINI STRATIVE CHARGES ARI SING OUT 10
OF AN INVESTIGATION OF ALLEGED POLICE OF FICER MISCONDUCT THA T IS NOT 11
REQUIRED TO BE REVIE WED BY AN ADMINISTRA TIVE CHARGING COMMIT TEE 12
WITHIN 1 YEAR AND 1 DAY AFTER THE DATE THA T THE APPROPRIATE OF FICIAL 13
EMPLOYED BY THE LAW ENFORCEMENT AGENCY B ECAME AWARE OF THE INCIDENT 14
THAT LED TO THE INVE STIGATION. 15
(E) IF ALLEGED POLICE OFF ICER MISCONDUCT IS R ELATED TO ACTIVITY 16
THAT REASONABLY APPE ARS TO BE THE SUBJEC T OF A CRIMINAL INVE STIGATION, 17
AN ADMINISTRATIVE CH ARGING COMMITTEE OR LAW ENFORCEMENT AGEN CY 18
SHALL FILE ANY ADMIN ISTRATIVE CHARGES WI THIN 1 YEAR AND 1 DAY AFTER THE 19
DATE OF: 20
(1) THE INVESTIGATING LA W ENFORCEMENT AGENCY ’S 21
DETERMINATION THAT T HE MATTER IS NOT REL ATED TO CRIMINA L ACTIVITY; 22
(2) THE FINAL DISPOSITIO N OF ALL RELATED CRI MINAL CHARGES ; 23
OR 24
(3) THE ADMINISTRATIVE C HARGING COMMITTEE ’S OR LAW 25
ENFORCEMENT AGENCY ’S RECEIPT OF NOTICE THAT THE APPROPRIATE 26
PROSECUTORIAL AUTHOR ITY DECLINED TO FILE CRIMINAL CHARGES . 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2025. 29