EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0985* HOUSE BILL 985 E4 5lr2998 By: Delegates Young, Acevero, Addison, Alston, Amprey, Boafo, Crutchfield, Davis, Martinez, McCaskill, Phillips, Roberson, Ruff, Simpson, Wims, and Wu Introduced and read first time: January 31, 2025 Assigned to: Judiciary A BILL ENTITLED AN ACT concerning 1 Police Discipline – Administrative Charging Committees – Additional Charging 2 Committee 3 FOR the purpose of authorizing the local governing body of a county to authorize the use of 4 a second administrative charging committee under certain circumstances; and 5 generally relating to administrative charging committees. 6 BY repealing and reenacting, with amendments, 7 Article – Public Safety 8 Section 3–104 9 Annotated Code of Maryland 10 (2022 Replacement Volume and 2024 Supplement) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That the Laws of Maryland read as follows: 13 Article – Public Safety 14 3–104. 15 (a) (1) (I) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 16 THIS PARAGRAPH , EACH county shall have one administrative charging committee to 17 serve countywide law enforcement agencies and local law enforcement agencies within the 18 county. 19 (II) THE LOCAL GOVERNING B ODY OF A COUNTY MAY 20 AUTHORIZE THE USE OF A SECOND ADMI NISTRATIVE CHARG ING COMMITTEE IF THE 21 LOCAL GOVERNING BODY DETERMINES THAT ONE ADMINISTRATIVE CHARG ING 22 2 HOUSE BILL 985 COMMITTEE IS INSUFFI CIENT TO SERVE THE C OUNTYWIDE LAW ENFORC EMENT 1 AGENCIES AND LOCAL L AW ENFORCEMENT AGENC IES WITHIN THE COUNT Y. 2 (2) A county administrative charging committee shall be composed of: 3 (i) the chair of the county’s police accountability board, or another 4 member of the accountability board designated by the chair of the accountability board; 5 (ii) two civilian members selected by the county’s police 6 accountability board; and 7 (iii) two civilian members selected by the chief executive officer of the 8 county. 9 (b) (1) There shall be at least one statewide administrative charging 10 committee to serve statewide and bi–county law enforcement agencies. 11 (2) A statewide administrative charging committee shall be composed of: 12 (i) three civilian members appointed by the Governor; 13 (ii) one civilian member appointed by the President of the Senate; 14 and 15 (iii) one civilian member appointed by the Speaker of the House. 16 (c) Before serving as a member of an administrative charging committee, an 17 individual shall receive training on matters relating to police procedures from the 18 Maryland Police Training and Standards Commission. 19 (d) On completion of an investigation of a complaint of police misconduct 20 involving a member of the public and a police officer, regardless of whether the complaint 21 originated from within the law enforcement agency or from an external source, the law 22 enforcement agency shall forward to the appropriate administrative charging committee 23 the investigatory files for the matter. 24 (e) An administrative charging committee shall: 25 (1) review the findings of a law enforcement agency’s investigation 26 conducted and forwarded in accordance with subsection (d) of this section; 27 (2) make a determination that the police officer who is subject to 28 investigation shall be: 29 (i) administratively charged; or 30 (ii) not administratively charged; 31 HOUSE BILL 985 3 (3) if the police officer is charged, recommend discipline in accordance with 1 the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 2 of this subtitle; 3 (4) review any body camera footage that may be relevant to the matters 4 covered in the complaint of misconduct; 5 (5) authorize a police officer called to appear before an administrative 6 charging committee to be accompanied by a representative; 7 (6) issue a written opinion that describes in detail its findings, 8 determinations, and recommendations; and 9 (7) forward the written opinion to the chief of the law enforcement agency, 10 the police officer, and the complainant. 11 (f) In executing its duties in accordance with subsection (e) of this section, an 12 administrative charging committee may: 13 (1) request information or action from the law enforcement agency that 14 conducted the investigation, including requiring additional investigation and the issuance 15 of subpoenas; 16 (2) if the police officer is not administratively charged, make a 17 determination that: 18 (i) the allegations against the police officer are unfounded; or 19 (ii) the police officer is exonerated; and 20 (3) record, in writing, any failure of supervision that caused or contributed 21 to a police officer’s misconduct. 22 (g) An administrative charging committee shall meet once per month or as 23 needed. 24 (h) A member of an administrative charging committee shall maintain 25 confidentiality relating to a matter being considered by the administrative charging 26 committee until final disposition of the matter. 27 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 October 1, 2025. 29