Maryland 2025 Regular Session

Maryland House Bill HB985 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0985*
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77 HOUSE BILL 985
88 E4 5lr2998
99
1010 By: Delegates Young, Acevero, Addison, Alston, Amprey, Boafo, Crutchfield,
1111 Davis, Martinez, McCaskill, Phillips, Roberson, Ruff, Simpson, Wims, and
1212 Wu
1313 Introduced and read first time: January 31, 2025
1414 Assigned to: Judiciary
1515
1616 A BILL ENTITLED
1717
1818 AN ACT concerning 1
1919
2020 Police Discipline – Administrative Charging Committees – Additional Charging 2
2121 Committee 3
2222
2323 FOR the purpose of authorizing the local governing body of a county to authorize the use of 4
2424 a second administrative charging committee under certain circumstances; and 5
2525 generally relating to administrative charging committees. 6
2626
2727 BY repealing and reenacting, with amendments, 7
2828 Article – Public Safety 8
2929 Section 3–104 9
3030 Annotated Code of Maryland 10
3131 (2022 Replacement Volume and 2024 Supplement) 11
3232
3333 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
3434 That the Laws of Maryland read as follows: 13
3535
3636 Article – Public Safety 14
3737
3838 3–104. 15
3939
4040 (a) (1) (I) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 16
4141 THIS PARAGRAPH , EACH county shall have one administrative charging committee to 17
4242 serve countywide law enforcement agencies and local law enforcement agencies within the 18
4343 county. 19
4444
4545 (II) THE LOCAL GOVERNING B ODY OF A COUNTY MAY 20
4646 AUTHORIZE THE USE OF A SECOND ADMI NISTRATIVE CHARG ING COMMITTEE IF THE 21
4747 LOCAL GOVERNING BODY DETERMINES THAT ONE ADMINISTRATIVE CHARG ING 22 2 HOUSE BILL 985
4848
4949
5050 COMMITTEE IS INSUFFI CIENT TO SERVE THE C OUNTYWIDE LAW ENFORC EMENT 1
5151 AGENCIES AND LOCAL L AW ENFORCEMENT AGENC IES WITHIN THE COUNT Y. 2
5252
5353 (2) A county administrative charging committee shall be composed of: 3
5454
5555 (i) the chair of the county’s police accountability board, or another 4
5656 member of the accountability board designated by the chair of the accountability board; 5
5757
5858 (ii) two civilian members selected by the county’s police 6
5959 accountability board; and 7
6060
6161 (iii) two civilian members selected by the chief executive officer of the 8
6262 county. 9
6363
6464 (b) (1) There shall be at least one statewide administrative charging 10
6565 committee to serve statewide and bi–county law enforcement agencies. 11
6666
6767 (2) A statewide administrative charging committee shall be composed of: 12
6868
6969 (i) three civilian members appointed by the Governor; 13
7070
7171 (ii) one civilian member appointed by the President of the Senate; 14
7272 and 15
7373
7474 (iii) one civilian member appointed by the Speaker of the House. 16
7575
7676 (c) Before serving as a member of an administrative charging committee, an 17
7777 individual shall receive training on matters relating to police procedures from the 18
7878 Maryland Police Training and Standards Commission. 19
7979
8080 (d) On completion of an investigation of a complaint of police misconduct 20
8181 involving a member of the public and a police officer, regardless of whether the complaint 21
8282 originated from within the law enforcement agency or from an external source, the law 22
8383 enforcement agency shall forward to the appropriate administrative charging committee 23
8484 the investigatory files for the matter. 24
8585
8686 (e) An administrative charging committee shall: 25
8787
8888 (1) review the findings of a law enforcement agency’s investigation 26
8989 conducted and forwarded in accordance with subsection (d) of this section; 27
9090
9191 (2) make a determination that the police officer who is subject to 28
9292 investigation shall be: 29
9393
9494 (i) administratively charged; or 30
9595
9696 (ii) not administratively charged; 31 HOUSE BILL 985 3
9797
9898
9999
100100 (3) if the police officer is charged, recommend discipline in accordance with 1
101101 the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 2
102102 of this subtitle; 3
103103
104104 (4) review any body camera footage that may be relevant to the matters 4
105105 covered in the complaint of misconduct; 5
106106
107107 (5) authorize a police officer called to appear before an administrative 6
108108 charging committee to be accompanied by a representative; 7
109109
110110 (6) issue a written opinion that describes in detail its findings, 8
111111 determinations, and recommendations; and 9
112112
113113 (7) forward the written opinion to the chief of the law enforcement agency, 10
114114 the police officer, and the complainant. 11
115115
116116 (f) In executing its duties in accordance with subsection (e) of this section, an 12
117117 administrative charging committee may: 13
118118
119119 (1) request information or action from the law enforcement agency that 14
120120 conducted the investigation, including requiring additional investigation and the issuance 15
121121 of subpoenas; 16
122122
123123 (2) if the police officer is not administratively charged, make a 17
124124 determination that: 18
125125
126126 (i) the allegations against the police officer are unfounded; or 19
127127
128128 (ii) the police officer is exonerated; and 20
129129
130130 (3) record, in writing, any failure of supervision that caused or contributed 21
131131 to a police officer’s misconduct. 22
132132
133133 (g) An administrative charging committee shall meet once per month or as 23
134134 needed. 24
135135
136136 (h) A member of an administrative charging committee shall maintain 25
137137 confidentiality relating to a matter being considered by the administrative charging 26
138138 committee until final disposition of the matter. 27
139139
140140 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
141141 October 1, 2025. 29