EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0555*
SENATE BILL 555
P1 5lr2650
CF HB 821
By: Chair, Education, Energy, and the Environment Committee (By Request –
Office of the Attorney General)
Introduced and read first time: January 23, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 26, 2025
CHAPTER ______
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 created for the purposes of certain pending or reasonably anticipated litigation; 4
and generally relating to the 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) IN THIS SECTION, “REASONABLY ANTICIPAT ED LITIGATION” MEANS A 15
SITUATION WHERE THER E IS CONCRETE EVIDEN CE THAT LITIGATION I S EXPECTED 16
TO OCCUR BASED ON CU RRENT FACTS AND CIRC UMSTANCES . 17
(A) (B) THIS SECTION DOES NOT APPLY TO A RECOR D THAT: 18 2 SENATE BILL 555
(1) IS A COURT RECORD ; OR 1
(2) PERTAINS TO LITIGATI ON THAT HAS BEEN FIN ALLY ADJUDICATED 2
OR OTHERWISE SETTLED . 3
(B) (C) SUBJECT TO SUBSECTION (C) (D) OF THIS SECTION, A CUSTODIAN 4
MAY DENY INSPECTION OF A RECORD PERTAINING TO CREATED FOR THE PURP OSES 5
OF PENDING OR REASONABL Y ANTICIPATED LITIGA TION TO WHICH: 6
(1) THE STATE, A STATE AGENCY , OR A POLITICAL SUBDI VISION OF 7
THE STATE IS OR MAY BE A PARTY; OR 8
(2) AN OFFICER OR EMPLOY EE OF THE STATE OR A POLITICAL 9
SUBDIVISION O F THE STATE, BECAUSE OF THAT PERS ON’S OFFICE OR EMPLOYME NT, 10
IS OR MAY BE A PARTY . 11
(C) (D) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO LIMIT ANY 12
RIGHT OR OPPORTUNITY GRANTED BY STATUTE O R COURT RULE FOR A P ARTY TO 13
LITIGATION TO RECEIV E DISCOVERY. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2025. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.