EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0238*
HOUSE BILL 238
E4 5lr1435
HB 188/24 – JUD (PRE–FILED) CF SB 533
By: Delegates Cardin and Grammer
Requested: October 28, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 2, 2025
CHAPTER ______
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 2 HOUSE BILL 238
3–113. 1
(a) The investigating unit of a law enforcement agency shall immediately review 2
a complaint by a member of the public alleging police officer misconduct. 3
(b) An administrative charging committee shall review and make a determination 4
or ask for further review within 30 days after completion of the investigating unit’s review. 5
(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, FOR 6
AN INCIDENT INVOLVIN G A MEMBER OF THE PU BLIC AND A POLICE OF FICER, THE 7
process of review by the investigating unit through disposition by the administrative 8
charging committee shall be completed within 1 year and 1 day after the [filing of a 9
complaint by a citizen] DATE THAT THE APPROP RIATE OFFICIAL EMPLO YED BY THE 10
LAW ENFORCEMENT A GENCY BECAME AWARE O F THE INCIDENT. 11
(D) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , A LAW 12
ENFORCEMENT AGENCY S HALL FILE ANY ADMINI STRATIVE CHARGES ARI SING OUT 13
OF AN INVESTIGATION OF ALLEGED POLICE OF FICER MISCONDUCT THA T IS NOT 14
REQUIRED TO BE R EVIEWED BY AN ADMINI STRATIVE CHARGING CO MMITTEE 15
WITHIN 1 YEAR AND 1 DAY AFTER THE DATE THAT THE AP PROPRIATE OFFICIAL 16
EMPLOYED BY THE LAW ENFORCEMENT AGENCY B ECAME AWARE OF THE INCIDENT 17
THAT LED TO THE INVE STIGATION. 18
(E) IF ALLEGED POLICE OFF ICER MISCONDU CT IS RELATED TO ACT IVITY 19
THAT REASONABLY APPE ARS TO BE THE SUBJEC T OF A CRIMINAL INVE STIGATION, 20
AN ADMINISTRATIVE CH ARGING COMMITTEE OR LAW ENFORCEMENT AGEN CY 21
SHALL FILE ANY ADMIN ISTRATIVE CHARGES WI THIN 1 YEAR AND 1 DAY AFTER THE 22
DATE OF: 23
(1) THE INVESTIGATING LAW EN FORCEMENT AGENCY ’S 24
DETERMINATION THAT T HE MATTER IS NOT REL ATED TO CRIMINAL ACT IVITY; 25
(2) THE FINAL DISPOSITIO N OF ALL RELATED CRI MINAL CHARGES ; 26
OR 27
(3) THE ADMINISTRATIVE C HARGING COMMITTEE ’S OR LAW 28
ENFORCEMENT AGENCY ’S RECEIPT OF NOTICE THAT THE APPR OPRIATE 29
PROSECUTORIAL AUTHOR ITY DECLINED TO FILE CRIMINAL CHARGES . 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2025. 32