Maryland 2025 Regular Session

Maryland House Bill HB302 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		hb0302
9	6
10	7		HOUSE BILL 302
11	8		D1, D4 5lr0812
12	9
13	10		By: Delegate Moon
14	11		Introduced and read first time: January 9, 2025
15	12		Assigned to: Judiciary
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: March 2, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Courts and Judicial Proceedings – Statement of Charges – Human Service 2
25	19		Workers 3
26	20
27	21		FOR the purpose of expanding certain provisions of law relating to a certain investigation 4
28	22		and recommendation by a State’s Attorney concerning the filing of a statement of 5
29	23		charges against certain professionals to include certain human service workers; and 6
30	24		generally relating to statements of charges against human service workers. 7
31	25
32	26		BY repealing and reenacting, with amendments, 8
33	27		Article – Courts and Judicial Proceedings 9
34	28		Section 2–608 10
35	29		Annotated Code of Maryland 11
36	30		(2020 Replacement Volume and 2024 Supplement) 12
37	31		(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 13
38	32
39	33		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
40	34		That the Laws of Maryland read as follows: 15
41	35
42	36		Article – Courts and Judicial Proceedings 16
43	37
44	38		2–608. 17
45	39
46	40		(a) (1) In this section the following words have the meanings indicated. 18
47		-	2 HOUSE BILL 302
48	41
	42	+	(2) “ADULT PROTECTIVE SERV ICES WORKER ” MEANS A HUMAN 19
	43	+	SERVICE WORKER , AS DEFINED IN § 14–101 OF THE FAMILY LAW ARTICLE, 20
	44	+	EMPLOYED BY A PUBLIC ADULT PROTECTIVE SER VICES PROGRAM . 21
49	45
50		-	(2) “ADULT PROTECTIVE SERVICES WORKER ” MEANS A HUMAN 1
51		-	SERVICE WORKER , AS DEFINED IN § 14–101 OF THE FAMILY LAW ARTICLE, 2
52		-	EMPLOYED BY A PUBLIC ADULT PROTECTIVE SER VICES PROGRAM . 3
53		-
54		-	[(2)] (3) “Charging document” means a written accusation alleging that a 4
55		-	defendant has committed an offense. 5
56		-
57		-	(4) “CHILD WELFARE CASEWOR KER” MEANS A HUMAN SERVIC ES 6
58		-	PROFESSIONAL WHO MEE TS THE QUALIFICATION S FOR EMPLOYMENT UND ER § 7
59		-	4–301 OF THE HUMAN SERVICES ARTICLE. 8
60		-
61		-	[(3)] (5) “Citation” means a charging document, other than an 9
62		-	indictment, an information, or a statement of charges, issued to a defendant by a peace 10
63		-	officer or other person authorized by law to do so. 11
64		-
65		-	[(4)] (6) “Educator” means a principal, vice–principal, teacher, or 12
66		-	teacher’s aide at a public or private preschool, elementary, or secondary school. 13
67		-
68		-	[(5)] (7) “Emergency services personnel” means: 14
69		-
70		-	(i) A career firefighter of a county or municipal corporation; 15
71		-
72		-	(ii) An emergency medical services provider as defined in § 13–516 16
73		-	of the Education Article of a county or municipal corporation; 17
74		-
75		-	(iii) A rescue squad employee of a county or municipal corporation; 18
76		-	and 19
77		-
78		-	(iv) A volunteer firefighter, rescue squad member, or advanced life 20
79		-	support unit member of a county or municipal corporation. 21
80		-
81		-	[(6)] (8) “Indictment” means a charging document returned by a grand 22
82		-	jury and filed in circuit court. 23
83		-
84		-	[(7)] (9) “Information” means a charging document filed in court by a 24
85		-	State’s Attorney. 25
86		-
87		-	[(8)] (10) “Law enforcement officer” means: 26
88		-
89		-	(i) A law enforcement officer as defined in § 1–101 of the Public 27
90		-	Safety Article; 28
91		-
92		-	(ii) The Police Commissioner of Baltimore City; 29
93		-
94		-	(iii) An individual who serves at the pleasure of the Police 30
95		-	Commissioner of Baltimore City; 31 HOUSE BILL 302 3
	46	+	[(2)] (3) “Charging document” means a written accusation alleging that a 22
	47	+	defendant has committed an offense. 23 2 HOUSE BILL 302
96	48
97	49
98	50
99		-	(iv) The police chief of a county law enforcement agency; 1
	51	+	(4) “CHILD WELFARE CASEWOR KER” MEANS A HUMAN SERVIC ES 1
	52	+	PROFESSIONAL WHO MEE TS THE QUALIFICATION S FOR EMPLOYMENT UND ER § 2
	53	+	4–301 OF THE HUMAN SERVICES ARTICLE. 3
100	54
101		-	(v) The police chief of a municipal corporation; 2
	55	+	[(3)] (5) “Citation” means a charging document, other than an 4
	56	+	indictment, an information, or a statement of charges, issued to a defendant by a peace 5
	57	+	officer or other person authorized by law to do so. 6
102	58
103		-	(vi) ~~The police chief~~ or ~~superintendent of a State law enforcement 3~~
104		-	~~agency; 4~~
	59	+	[(4)] (6) “Educator” means a principal, vice–principal, teacher, or 7
	60	+	teacher’s aide at a public or private preschool, elementary, or secondary school. 8
105	61
106		-	(~~vii~~) ~~The sheriff of a county;~~ 5
	62	+	[(5)] (7) “Emergency services personnel” means: 9
107	63
108		-	(viii) An officer who is on probationary status on initial entry into a 6
109		-	law enforcement agency; 7
	64	+	(i) A career firefighter of a county or municipal corporation; 10
110	65
111		-	(ix) ~~A correctional officer~~ as defined in § 8–~~201 of the Correctional 8~~
112		-	~~Services~~ Article; or 9
	66	+	(ii) An emergency medical services provider as defined in § 13–516 11
	67	+	of the Education Article of a county or municipal corporation; 12
113	68
114		-	(x) ~~Any federal law enforcement officer who exercises the powers set 10~~
115		-	~~forth in § 2–104 of the Criminal Procedure Article. 11~~
	69	+	(iii) A rescue squad employee of a county or municipal corporation; 13
	70	+	and 14
116	71
117		-	~~[(9)]~~ (11) ~~“Offense” means~~ a ~~violation of the criminal laws of the State~~ or 12
118		-	~~any political subdivision~~ of ~~the State~~. 13
	72	+	(iv) A volunteer firefighter, rescue squad member, or advanced life 15
	73	+	support unit member of a county or municipal corporation. 16
119	74
120		-	[(10)] (12) “Statement of charges” means a charging document, other than 14
121		-	a citation, filed in District Court by a peace officer, a District Court Judge, or a District 15
122		-	Court Commissioner. 16
	75	+	[(6)] (8) “Indictment” means a charging document returned by a grand 17
	76	+	jury and filed in circuit court. 18
123	77
124		-	(b) An application filed in the District Court that requests that a statement of 17
125		-	charges be filed against a law enforcement officer, emergency services personnel, AN 18
126		-	ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE CASE WORKER, or an 19
127		-	educator for an offense allegedly committed in the course of executing the duties of the law 20
128		-	enforcement officer, emergency services personnel, ADULT PROTECTIVE SER VICES 21
129		-	WORKER, CHILD WELFARE CASEWO RKER, or educator shall immediately be forwarded 22
130		-	to the State’s Attorney. 23
	78	+	[(7)] (9) “Information” means a charging document filed in court by a 19
	79	+	State’s Attorney. 20
131	80
132		-	(c) (1) Upon receiving an application filed in District Court requesting that a 24
133		-	statement of charges be filed against a law enforcement officer, emergency services 25
134		-	personnel, AN ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE 26
135		-	CASEWORKE R, or an educator, the State’s Attorney shall: 27
	81	+	[(8)] (10) “Law enforcement officer” means: 21
136	82
137		-	(i) Investigate the circumstances of the matter; and 28
	83	+	(i) A law enforcement officer as defined in § 1–101 of the Public 22
	84	+	Safety Article; 23
138	85
139		-	(ii) Make a recommendation to the District Court Commissioner as 29
140		-	to whether a statement of charges should be filed against the law enforcement officer, 30
141		-	emergency services personnel, ADULT PROTECTIVE SER VICES WORKER , CHILD 31
142		-	WELFARE CASEWORKER , or the educator. 32
143		-	4 HOUSE BILL 302
	86	+	(ii) The Police Commissioner of Baltimore City; 24
	87	+
	88	+	(iii) An individual who serves at the pleasure of the Police 25
	89	+	Commissioner of Baltimore City; 26
	90	+
	91	+	(iv) The police chief of a county law enforcement agency; 27
	92	+
	93	+	(v) The police chief of a municipal corporation; 28
	94	+	HOUSE BILL 302 3
144	95
145	96
146		-	(2) If the State’s Attorney recommends to a District Court Commissioner 1
147		-	that a statement of charges be filed against a law enforcement officer, emergency services 2
148		-	personnel, AN ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE 3
149		-	CASEWORKER , or an educator, the State’s Attorney shall also make a recommendation as 4
150		-	to whether a summons or warrant should issue. 5
	97	+	(vi) The police chief or superintendent of a State law enforcement 1
	98	+	agency; 2
151	99
152		-	(d) Notwithstanding any other provision of the Code or the Maryland Rules, a 6
153		-	statement of charges for an offense allegedly committed in the course of executing the 7
154		-	duties of the law enforcement officer, emergency services personnel, ADULT PROTECTIVE 8
155		-	SERVICES WORKER , CHILD WELFARE CASEWO RKER, or the educator may not be filed 9
156		-	against a law enforcement officer, emergency services personnel, AN ADULT PROTECT IVE 10
157		-	SERVICES WORKER , A CHILD WELFARE CASE WORKER, or educator until the State’s 11
158		-	Attorney has investigated the circumstances of the matter and made recommendations to 12
159		-	the District Court Commissioner in accordance with subsection (c) of this section. 13
	100	+	(vii) The sheriff of a county; 3
160	101
161		-	(e) This section may not be construed to preclude the State’s Attorney from 14
162		-	making a determination that an information should be filed against a law enforcement 15
163		-	officer, emergency services personnel, AN ADULT PROTECTIVE SER VICES WORKER , A 16
164		-	CHILD WELFARE CASEWO RKER, or an educator or that a grand jury should be convened 17
165		-	to determine whether an indictment should be filed. 18
	102	+	(viii) An officer who is on probationary status on initial entry into a 4
	103	+	law enforcement agency; 5
166	104
167		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
168		-	October 1, 2025. 20
	105	+	(ix) A correctional officer as defined in § 8–201 of the Correctional 6
	106	+	Services Article; or 7
	107	+
	108	+	(x) Any federal law enforcement officer who exercises the powers set 8
	109	+	forth in § 2–104 of the Criminal Procedure Article. 9
	110	+
	111	+	[(9)] (11) “Offense” means a violation of the criminal laws of the State or 10
	112	+	any political subdivision of the State. 11
	113	+
	114	+	[(10)] (12) “Statement of charges” means a charging document, other than 12
	115	+	a citation, filed in District Court by a peace officer, a District Court Judge, or a District 13
	116	+	Court Commissioner. 14
	117	+
	118	+	(b) An application filed in the District Court that requests that a statement of 15
	119	+	charges be filed against a law enforcement officer, emergency services personnel, AN 16
	120	+	ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE CASE WORKER, or an 17
	121	+	educator for an offense allegedly committed in the course of executing the duties of the law 18
	122	+	enforcement officer, emergency services personnel, ADULT PROTECTIVE SER VICES 19
	123	+	WORKER, CHILD WELFARE CASEWO RKER, or educator shall immediately be forwarded 20
	124	+	to the State’s Attorney. 21
	125	+
	126	+	(c) (1) Upon receiving an application filed in District Court requesting that a 22
	127	+	statement of charges be filed against a law enforcement officer, emergency services 23
	128	+	personnel, AN ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE 24
	129	+	CASEWORKER, or an educator, the State’s Attorney shall: 25
	130	+
	131	+	(i) Investigate the circumstances of the matter; and 26
	132	+
	133	+	(ii) Make a recommendation to the District Court Commissioner as 27
	134	+	to whether a statement of charges should be filed against the law enforcement officer, 28
	135	+	emergency services personnel, ADULT PROTECTIVE SER VICES WORKER , CHILD 29
	136	+	WELFARE CASEWORKER , or the educator. 30
	137	+
	138	+	(2) If the State’s Attorney recommends to a District Court Commissioner 31
	139	+	that a statement of charges be filed against a law enforcement officer, emergency services 32
	140	+	personnel, AN ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE 33
	141	+	CASEWORKER , or an educator, the State’s Attorney shall also make a recommendation as 34
	142	+	to whether a summons or warrant should issue. 35 4 HOUSE BILL 302
169	143
170	144
171	145
	146	+	(d) Notwithstanding any other provision of the Code or the Maryland Rules, a 1
	147	+	statement of charges for an offense allegedly committed in the course of executing the 2
	148	+	duties of the law enforcement officer, emergency services personnel, ADULT PROTECTIVE 3
	149	+	SERVICES WORKER , CHILD WELFARE CASEWO RKER, or the educator may not be filed 4
	150	+	against a law enforcement officer, emergency services personnel, AN ADULT PROTECTIVE 5
	151	+	SERVICES WORKER , A CHILD WELFARE CASE WORKER, or educator until the State’s 6
	152	+	Attorney has investigated the circumstances of the matter and made recommendations to 7
	153	+	the District Court Commissioner in accordance with subsection (c) of this section. 8
172	154
173		-	Approved:
174		-	________________________________________________________________________________
175		-	Governor.
176		-	________________________________________________________________________________
177		-	Speaker of the House of Delegates.
178		-	________________________________________________________________________________
179		-	President of the Senate.
	155	+	(e) This section may not be construed to preclude the State’s Attorney from 9
	156	+	making a determination that an information should be filed against a law enforcement 10
	157	+	officer, emergency services personnel, AN ADULT PROTECTIVE SER VICES WORKER , A 11
	158	+	CHILD WELFARE CASEWO RKER, or an educator or that a grand jury should be convened 12
	159	+	to determine whether an indictment should be filed. 13
	160	+
	161	+	SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect 14
	162	+	October 1, 2025. 15
	163	+