Maryland 2025 Regular Session

Maryland House Bill HB238 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0238
9	6
10	7		HOUSE BILL 238
11	8		E4 5lr1435
12		-	HB 188/24 – JUD (PRE–FILED) ~~CF SB 533~~
	9	+	HB 188/24 – JUD (PRE–FILED)
13	10		By: Delegates Cardin and Grammer
14	11		Requested: October 28, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Judiciary
17		-	Committee Report: Favorable
18		-	House action: Adopted
19		-	Read second time: March 2, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Public Safety – Police Accountability – Time Limit for Filing Administrative 2
26	20		Charges 3
27	21
28	22		FOR the purpose of altering the deadline for the completion of the process of review by a 4
29	23		certain investigating unit through disposition by an administrative charging 5
30	24		committee under certain circumstances; requiring a law enforcement agency to file 6
31	25		any administrative charges arising out of an investigation of alleged police officer 7
32	26		misconduct that is not required to be reviewed by an administrative charging 8
33	27		committee within a certain period of time; requiring an administrative charging 9
34	28		committee or law enforcement agency to file any administrative charges for alleged 10
35	29		police officer misconduct that reasonably appears to be the subject of a criminal 11
36	30		investigation within a certain period of time; and generally relating to police 12
37	31		accountability. 13
38	32
39	33		BY repealing and reenacting, with amendments, 14
40	34		Article – Public Safety 15
41	35		Section 3–113 16
42	36		Annotated Code of Maryland 17
43	37		(2022 Replacement Volume and 2024 Supplement) 18
44	38
45	39		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46	40		That the Laws of Maryland read as follows: 20
47	41
48		-	Article – Public Safety 21 2 HOUSE BILL 238
	42	+	Article – Public Safety 21
	43	+
	44	+	3–113. 22
	45	+
	46	+	(a) The investigating unit of a law enforcement agency shall immediately review 23
	47	+	a complaint by a member of the public alleging police officer misconduct. 24
	48	+	2 HOUSE BILL 238
49	49
50	50
	51	+	(b) An administrative charging committee shall review and make a determination 1
	52	+	or ask for further review within 30 days after completion of the investigating unit’s review. 2
51	53
52		-	3–113. 1
	54	+	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, FOR 3
	55	+	AN INCIDENT INVOLVIN G A MEMBER OF THE PU BLIC AND A POLICE OF FICER, THE 4
	56	+	process of review by the investigating unit through disposition by the administrative 5
	57	+	charging committee shall be completed within 1 year and 1 day after the [filing of a 6
	58	+	complaint by a citizen] DATE THAT THE APPROP RIATE OFFICIAL EMPLO YED BY THE 7
	59	+	LAW ENFORCEMENT AGEN CY BECAME AWARE OF T HE INCIDENT. 8
53	60
54		-	(a) The investigating unit of a law enforcement agency shall immediately review 2
55		-	a complaint by a member of the public alleging police officer misconduct. 3
	61	+	(D) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SEC TION, A LAW 9
	62	+	ENFORCEMENT AGENCY S HALL FILE ANY ADMINI STRATIVE CHARGES ARI SING OUT 10
	63	+	OF AN INVESTIGATION OF ALLEGED POLICE OF FICER MISCONDUCT THA T IS NOT 11
	64	+	REQUIRED TO BE REVIE WED BY AN ADMINISTRA TIVE CHARGING COMMIT TEE 12
	65	+	WITHIN 1 YEAR AND 1 DAY AFTER THE DATE THA T THE APPROPRIATE OF FICIAL 13
	66	+	EMPLOYED BY THE LAW ENFORCEMENT AGENCY B ECAME AWARE OF THE INCIDENT 14
	67	+	THAT LED TO THE INVE STIGATION. 15
56	68
57		-	(b) An administrative charging committee shall review and make a determination 4
58		-	or ask for further review within 30 days after completion of the investigating unit’s review. 5
	69	+	(E) IF ALLEGED POLICE OFF ICER MISCONDUCT IS R ELATED TO ACTIVITY 16
	70	+	THAT REASONABLY APPE ARS TO BE THE SUBJEC T OF A CRIMINAL INVE STIGATION, 17
	71	+	AN ADMINISTRATIVE CH ARGING COMMITTEE OR LAW ENFORCEMENT AGEN CY 18
	72	+	SHALL FILE ANY ADMIN ISTRATIVE CHARGES WI THIN 1 YEAR AND 1 DAY AFTER THE 19
	73	+	DATE OF: 20
59	74
60		-	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, FOR 6
61		-	AN INCIDENT INVOLVIN G A MEMBER OF THE PU BLIC AND A POLICE OF FICER, THE 7
62		-	process of review by the investigating unit through disposition by the administrative 8
63		-	charging committee shall be completed within 1 year and 1 day after the [filing of a 9
64		-	complaint by a citizen] DATE THAT THE APPROP RIATE OFFICIAL EMPLO YED BY THE 10
65		-	LAW ENFORCEMENT A GENCY BECAME AWARE O F THE INCIDENT. 11
	75	+	(1) THE INVESTIGATING LA W ENFORCEMENT AGENCY ’S 21
	76	+	DETERMINATION THAT T HE MATTER IS NOT REL ATED TO CRIMINA L ACTIVITY; 22
66	77
67		-	(D) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , A LAW 12
68		-	ENFORCEMENT AGENCY S HALL FILE ANY ADMINI STRATIVE CHARGES ARI SING OUT 13
69		-	OF AN INVESTIGATION OF ALLEGED POLICE OF FICER MISCONDUCT THA T IS NOT 14
70		-	REQUIRED TO BE R EVIEWED BY AN ADMINI STRATIVE CHARGING CO MMITTEE 15
71		-	WITHIN 1 YEAR AND 1 DAY AFTER THE DATE THAT THE AP PROPRIATE OFFICIAL 16
72		-	EMPLOYED BY THE LAW ENFORCEMENT AGENCY B ECAME AWARE OF THE INCIDENT 17
73		-	THAT LED TO THE INVE STIGATION. 18
	78	+	(2) THE FINAL DISPOSITIO N OF ALL RELATED CRI MINAL CHARGES ; 23
	79	+	OR 24
74	80
75		-	(E) IF ALLEGED POLICE OFF ICER MISCONDU CT IS RELATED TO ACT IVITY 19
76		-	THAT REASONABLY APPE ARS TO BE THE SUBJEC T OF A CRIMINAL INVE STIGATION, 20
77		-	AN ADMINISTRATIVE CH ARGING COMMITTEE OR LAW ENFORCEMENT AGEN CY 21
78		-	SHALL FILE ANY ADMIN ISTRATIVE CHARGES WI THIN 1 YEAR AND 1 DAY AFTER THE 22
79		-	DATE OF: 23
	81	+	(3) THE ADMINISTRATIVE C HARGING COMMITTEE ’S OR LAW 25
	82	+	ENFORCEMENT AGENCY ’S RECEIPT OF NOTICE THAT THE APPROPRIATE 26
	83	+	PROSECUTORIAL AUTHOR ITY DECLINED TO FILE CRIMINAL CHARGES . 27
80	84
81		-	(1) THE INVESTIGATING LAW EN FORCEMENT AGENCY ’S 24
82		-	DETERMINATION THAT T HE MATTER IS NOT REL ATED TO CRIMINAL ACT IVITY; 25
83		-
84		-	(2) THE FINAL DISPOSITIO N OF ALL RELATED CRI MINAL CHARGES ; 26
85		-	OR 27
86		-
87		-	(3) THE ADMINISTRATIVE C HARGING COMMITTEE ’S OR LAW 28
88		-	ENFORCEMENT AGENCY ’S RECEIPT OF NOTICE THAT THE APPR OPRIATE 29
89		-	PROSECUTORIAL AUTHOR ITY DECLINED TO FILE CRIMINAL CHARGES . 30
90		-
91		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
92		-	October 1, 2025. 32
	85	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
	86	+	October 1, 2025. 29
93	87