EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0821*
HOUSE BILL 821
P1 5lr2616
CF SB 555
By: Chair, Health and Government Operations Committee (By Request – Office of
the Attorney General)
Introduced and read first time: January 29, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Information Act – Denials – Pending Litigation 2
FOR the purpose of establishing that a custodian may deny inspection of records pertaining 3
to certain pending or reasonably anticipated litigation; and generally relating to the 4
Public Information Act. 5
BY adding to 6
Article – General Provisions 7
Section 4–357 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – General Provisions 13
4–357. 14
(A) THIS SECTION DOES NOT APPLY TO A RECORD TH AT: 15
(1) IS A COURT RECORD ; OR 16
(2) PERTAINS TO LITIGATI ON THAT HAS BEEN FIN ALLY ADJUDICATED 17
OR OTHERWISE SETTLED . 18
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A CUSTODIAN MAY 19
DENY INSPECTION OF A RECORD PERTAINING TO PENDING OR REASON ABLY 20
ANTICIPATED LITIGATI ON TO WHICH: 21 2 HOUSE BILL 821
(1) THE STATE, A STATE AGENCY , OR A POLITICAL SUBDI VISION OF 1
THE STATE IS OR MAY BE A PARTY; OR 2
(2) AN OFFICER OR EMPLOY EE OF THE STATE OR A POLITICAL 3
SUBDIVISION OF THE STATE, BECAUSE OF THAT PERS ON’S OFFICE OR EMPLOYME NT, 4
IS OR MAY BE A PARTY . 5
(C) NOTHING IN THIS SECTION SHAL L BE CONSTRUED TO LI MIT ANY RIGHT 6
OR OPPORTUNITY GRANT ED BY STATUTE OR COU RT RULE FOR A PARTY TO 7
LITIGATION TO RECEIV E DISCOVERY. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2025. 10