1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0985* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 985 |
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8 | 8 | | E4 5lr2998 |
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9 | 9 | | |
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10 | 10 | | By: Delegates Young, Acevero, Addison, Alston, Amprey, Boafo, Crutchfield, |
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11 | 11 | | Davis, Martinez, McCaskill, Phillips, Roberson, Ruff, Simpson, Wims, and |
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12 | 12 | | Wu |
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13 | 13 | | Introduced and read first time: January 31, 2025 |
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14 | 14 | | Assigned to: Judiciary |
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15 | 15 | | |
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16 | 16 | | A BILL ENTITLED |
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17 | 17 | | |
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18 | 18 | | AN ACT concerning 1 |
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19 | 19 | | |
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20 | 20 | | Police Discipline – Administrative Charging Committees – Additional Charging 2 |
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21 | 21 | | Committee 3 |
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22 | 22 | | |
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23 | 23 | | FOR the purpose of authorizing the local governing body of a county to authorize the use of 4 |
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24 | 24 | | a second administrative charging committee under certain circumstances; and 5 |
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25 | 25 | | generally relating to administrative charging committees. 6 |
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26 | 26 | | |
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27 | 27 | | BY repealing and reenacting, with amendments, 7 |
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28 | 28 | | Article – Public Safety 8 |
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29 | 29 | | Section 3–104 9 |
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30 | 30 | | Annotated Code of Maryland 10 |
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31 | 31 | | (2022 Replacement Volume and 2024 Supplement) 11 |
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32 | 32 | | |
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33 | 33 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 |
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34 | 34 | | That the Laws of Maryland read as follows: 13 |
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35 | 35 | | |
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36 | 36 | | Article – Public Safety 14 |
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37 | 37 | | |
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38 | 38 | | 3–104. 15 |
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39 | 39 | | |
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40 | 40 | | (a) (1) (I) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 16 |
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41 | 41 | | THIS PARAGRAPH , EACH county shall have one administrative charging committee to 17 |
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42 | 42 | | serve countywide law enforcement agencies and local law enforcement agencies within the 18 |
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43 | 43 | | county. 19 |
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44 | 44 | | |
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45 | 45 | | (II) THE LOCAL GOVERNING B ODY OF A COUNTY MAY 20 |
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46 | 46 | | AUTHORIZE THE USE OF A SECOND ADMI NISTRATIVE CHARG ING COMMITTEE IF THE 21 |
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47 | 47 | | LOCAL GOVERNING BODY DETERMINES THAT ONE ADMINISTRATIVE CHARG ING 22 2 HOUSE BILL 985 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | COMMITTEE IS INSUFFI CIENT TO SERVE THE C OUNTYWIDE LAW ENFORC EMENT 1 |
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51 | 51 | | AGENCIES AND LOCAL L AW ENFORCEMENT AGENC IES WITHIN THE COUNT Y. 2 |
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52 | 52 | | |
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53 | 53 | | (2) A county administrative charging committee shall be composed of: 3 |
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54 | 54 | | |
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55 | 55 | | (i) the chair of the county’s police accountability board, or another 4 |
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56 | 56 | | member of the accountability board designated by the chair of the accountability board; 5 |
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57 | 57 | | |
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58 | 58 | | (ii) two civilian members selected by the county’s police 6 |
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59 | 59 | | accountability board; and 7 |
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60 | 60 | | |
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61 | 61 | | (iii) two civilian members selected by the chief executive officer of the 8 |
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62 | 62 | | county. 9 |
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63 | 63 | | |
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64 | 64 | | (b) (1) There shall be at least one statewide administrative charging 10 |
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65 | 65 | | committee to serve statewide and bi–county law enforcement agencies. 11 |
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66 | 66 | | |
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67 | 67 | | (2) A statewide administrative charging committee shall be composed of: 12 |
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68 | 68 | | |
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69 | 69 | | (i) three civilian members appointed by the Governor; 13 |
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70 | 70 | | |
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71 | 71 | | (ii) one civilian member appointed by the President of the Senate; 14 |
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72 | 72 | | and 15 |
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73 | 73 | | |
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74 | 74 | | (iii) one civilian member appointed by the Speaker of the House. 16 |
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75 | 75 | | |
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76 | 76 | | (c) Before serving as a member of an administrative charging committee, an 17 |
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77 | 77 | | individual shall receive training on matters relating to police procedures from the 18 |
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78 | 78 | | Maryland Police Training and Standards Commission. 19 |
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79 | 79 | | |
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80 | 80 | | (d) On completion of an investigation of a complaint of police misconduct 20 |
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81 | 81 | | involving a member of the public and a police officer, regardless of whether the complaint 21 |
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82 | 82 | | originated from within the law enforcement agency or from an external source, the law 22 |
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83 | 83 | | enforcement agency shall forward to the appropriate administrative charging committee 23 |
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84 | 84 | | the investigatory files for the matter. 24 |
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85 | 85 | | |
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86 | 86 | | (e) An administrative charging committee shall: 25 |
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87 | 87 | | |
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88 | 88 | | (1) review the findings of a law enforcement agency’s investigation 26 |
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89 | 89 | | conducted and forwarded in accordance with subsection (d) of this section; 27 |
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90 | 90 | | |
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91 | 91 | | (2) make a determination that the police officer who is subject to 28 |
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92 | 92 | | investigation shall be: 29 |
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93 | 93 | | |
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94 | 94 | | (i) administratively charged; or 30 |
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95 | 95 | | |
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96 | 96 | | (ii) not administratively charged; 31 HOUSE BILL 985 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | (3) if the police officer is charged, recommend discipline in accordance with 1 |
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101 | 101 | | the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 2 |
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102 | 102 | | of this subtitle; 3 |
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103 | 103 | | |
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104 | 104 | | (4) review any body camera footage that may be relevant to the matters 4 |
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105 | 105 | | covered in the complaint of misconduct; 5 |
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106 | 106 | | |
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107 | 107 | | (5) authorize a police officer called to appear before an administrative 6 |
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108 | 108 | | charging committee to be accompanied by a representative; 7 |
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109 | 109 | | |
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110 | 110 | | (6) issue a written opinion that describes in detail its findings, 8 |
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111 | 111 | | determinations, and recommendations; and 9 |
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112 | 112 | | |
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113 | 113 | | (7) forward the written opinion to the chief of the law enforcement agency, 10 |
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114 | 114 | | the police officer, and the complainant. 11 |
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115 | 115 | | |
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116 | 116 | | (f) In executing its duties in accordance with subsection (e) of this section, an 12 |
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117 | 117 | | administrative charging committee may: 13 |
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118 | 118 | | |
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119 | 119 | | (1) request information or action from the law enforcement agency that 14 |
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120 | 120 | | conducted the investigation, including requiring additional investigation and the issuance 15 |
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121 | 121 | | of subpoenas; 16 |
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122 | 122 | | |
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123 | 123 | | (2) if the police officer is not administratively charged, make a 17 |
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124 | 124 | | determination that: 18 |
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125 | 125 | | |
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126 | 126 | | (i) the allegations against the police officer are unfounded; or 19 |
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127 | 127 | | |
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128 | 128 | | (ii) the police officer is exonerated; and 20 |
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129 | 129 | | |
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130 | 130 | | (3) record, in writing, any failure of supervision that caused or contributed 21 |
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131 | 131 | | to a police officer’s misconduct. 22 |
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132 | 132 | | |
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133 | 133 | | (g) An administrative charging committee shall meet once per month or as 23 |
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134 | 134 | | needed. 24 |
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135 | 135 | | |
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136 | 136 | | (h) A member of an administrative charging committee shall maintain 25 |
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137 | 137 | | confidentiality relating to a matter being considered by the administrative charging 26 |
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138 | 138 | | committee until final disposition of the matter. 27 |
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139 | 139 | | |
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140 | 140 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 |
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141 | 141 | | October 1, 2025. 29 |
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