Maryland 2025 2025 Regular Session

Maryland House Bill HB885 Introduced / Bill

Filed 01/30/2025

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0885*  
  
HOUSE BILL 885 
E4   	5lr1766 
    	CF SB 625 
By: Delegates Hornberger, Arentz, Arikan , Buckel, Chisholm, Fair, Grammer, 
Griffith, Hutchinson, Jacobs, A. Johnson, S. Johnson, M. Morgan, 
T. Morgan, Nawrocki, Otto, Reilly, Schmidt, and Valentine 
Introduced and read first time: January 30, 2025 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Public Safety – Police Accountability – Investigation Records Relating to 2 
Unfounded and Exonerated Complaints 3 
 
FOR the purpose of requiring that certain investigation records relating to a complaint of 4 
misconduct by a police officer be removed from the police officer’s personnel record a 5 
certain amount of time after an administrative charging committee or a trial board 6 
issues a finding that the complaint is unfounded or exonerated; and generally 7 
relating to police accountability. 8 
 
BY repealing and reenacting, without amendments, 9 
 Article – Public Safety 10 
Section 3–101(a), (d), and (k) 11 
 Annotated Code of Maryland 12 
 (2022 Replacement Volume and 2024 Supplement) 13 
 
BY repealing and reenacting, with amendments, 14 
 Article – Public Safety 15 
Section 3–112 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 
 
3–101. 22 
 
 (a) In this title the following words have the meanings indicated. 23  2 	HOUSE BILL 885  
 
 
 
 (d) “Exonerated” means that a police officer acted in accordance with the law and 1 
agency policy. 2 
 
 (k) “Unfounded” means that the allegations against a police officer are not 3 
supported by fact. 4 
 
3–112. 5 
 
 (A) [A] IN THIS SECTION, “INVESTIGATION RECORD” MEANS A record relating 6 
to an administrative or criminal investigation of misconduct by a police officer, including 7 
an internal affairs investigatory record, a hearing record, and records relating to a 8 
disciplinary decision[,]. 9 
 
 (B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , AN 10 
INVESTIGATION RECORD may not be: 11 
 
 (1) expunged; or 12 
 
 (2) destroyed by a law enforcement agency. 13 
 
 (C) IF A COMPLAINT OF MIS CONDUCT BY A POLICE OFFICER RESULTS IN A 14 
FINDING OF UNFOUNDED OR EXONERATED BY AN ADMINISTRATIVE CH ARGING 15 
COMMITTEE UNDER § 3–104 OF THIS SUBTITLE OR A TRIAL BOARD UNDER § 3–106 16 
OF THIS SUBTITLE , ALL INVESTIGATION RECORDS RELATING TO THE COMPLAINT 17 
SHALL BE REMOVED FROM THE POL ICE OFFICER’S PERSONNEL RECORD 3 YEARS 18 
AFTER THE ADMINISTRATIVE CHARG ING COMMITTEE OR THE TRIAL BOARD ISSUES 19 
ITS FINDING.  20 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 
October 1, 2025. 22