Criminal Justice and the 2021 Session

As part of a larger effort to address issues of racial justice, we are supporting measures for Criminal Justice Reform and Police Accountability. As bills are introduced, we will provide bill numbers and links to the actual bill text.

Objectives for 2021:

Override the Governor's Veto on HB 801/SB 684  – This requires an override vote from the bill that past last year. Women receive no support on the transition from prison while men have a program.  This is in conflict with our first and second principles and needs to be changed.

Citations - HB 445 / SB 671

An outgrowth of the comprehensive correctional reform bill – Justice Reinvestment Act of 2016 which produced a 2-year  study and implementation overhaul of Maryland’s Criminal Justice System. One of its goals is to reduce detention centers population of non-violent offenders charged with minor infractions. It gives an arresting officer the option to either charge the individual OR issue a citation for certain categories of offences. This means fewer citizens will be entered into the correctional system for minor, non-violent offences, reduces the number being housed in jails and reduces potential hardships like loss of jobs for the offender.   Priority bill in 2020- passed the House. 

Restrictive Housing - Direct Release - HB 131 

Would prohibit direct release from solitary to the outside. A transition program will provide needed skills to better prepare the citizen to successfully reestablish back into the community.

HB 3 / SB 202- Correctional Services - Parole - Life Imprisonment -

Maryland is one of three states in the country that gives the Governor the final review for parole for this sentence. 

The bill we support relegates this decision to the appointed parole board as done in many states, thus removing the governor from this responsibility. Currently all other parolees are released via a parole board process except those with a Life with a Parole possibility.

HB 89 / SB 397 - Correctional Services - Diminution Credits - Education

Currently, people serving time in prison are allowed to earn days off their original sentences for good behavior. We are supporting an additional, new type of sentence diminution credits for successful attainment of major educational goals identified in an inmate’s approved treatment plan. When incarcerated people are offered the chance to learn new things, their sense of hope and self-esteem is greatly enhanced.

Police Accountability Measures 

The following bills resulted from extensive hearings over the summer and are recommended by our partner organizatons:

HB 670  - Police Reform and Accountability Act of 2021 

Omnibus Bill from Speaker Adrian Jones. Would move the Baltimore Police Department from State to City control; impose requirements for "no-knock" search warrants; require annual reports on an agency's SWAT deployments; increase the frequency of police training that includes implicit bias; require annual mental health and agility assessments; require the use of body-worn cameras; create a use of force policy with criminal penalties for violations; establish an independent investigative agency for use of force incidents which will publish its report after referral to the local State's Attorney; require agencies to use administrative charging committees and trial boards with citizen members; require intervention to prevent or terminate the use of excessive force and reporting of such incidents; and require rendering aid to injured people who are in custody.

HB 151Repeal Law Enforcement Officers Bill of Rights (LEOBOR)

Would repeal the Law Enforcement Officers' Bill of Rights.

HB 139 / SB 626Law Enforcement Officers - Use of Force

Would establish the crime of "improper use of force by law enforcement officer" with specific criteria for determining if force was necessary and proportional to prevent an imminent threat of physical injury to a person or to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense, taking into consideration the seriousness of the underlying offence.  Would require all law enforcement agencies to establish policies (reviewed by the Attorney General) and to post data on use of force incidents. Would also authorize civil suits for use of force by a law enforcement officer. 

SB 71 Police Officers - Testimony - Presumption of Inadmissibility (Maryland Police Accountability Act of 2021)  

Would provide that a knowing and willful failure of a police officer to activate a body-worn camera creates a rebuttable presumption that testimony of the police officer is inadmissible in a criminal prosecution relating to the incident that was not recorded.

The Senate has now passed a series of 9 bills capturing all aspects of police accountability, and the House is passing a single bill, HB 670, that does the same. The House and Senate versions are somewhat different and will need to be reconciled, but they are largely in accordance with what advocates want. The Senate Bills include:

  • SB 71 - Body-Worn Cameras

  • SB 74 - Employee Assistance Programs and Early Intervention Programs

  • SB 178 - Personnel Records - Investigations of Law Enforcement Officers (Anton's Law)

  • SB 419 - Search Warrants

  • SB 599 - Surplus Military Equipment

  • SB 600 - Office of the State Prosecutor - Investigation and Prosecution of Deaths Caused by Police Officers

  • SB 626 - Law Enforcement Officers - Use of Force, Reporting, and Whistleblower Protections

  • SB 627 - Law Enforcement Officers' Bill of Rights - Repeal and Procedures for Discipline

  • SB 768 - Baltimore City - Control of the Police Department of Baltimore City

For more information, please contact Criminal Justice Reform Task Force Chair Candy Clark at CriminalJustice@uulmmd.org​.

Subject
Bill Number
XFile Bill Number
Sponsor
Title
Status
Current Location
Priority
Position
Action
UULM-MD Summary
Baltimore Police Dept.
SB0786
HB1027
Senator McCray
Maryland Police Accountability Act of 2021 - Baltimore City - Control of the Police Department of Baltimore City
Allowed to go into effect without Governor's signature
X
Support
Contact your Delegate on Committee
Transfers control of the Baltimore Police Department from the State to the City of Baltimore (contingent on adoption of a City Charter Amendment in 2022).
Body cams
HB0187
Delegate Ivey
Public Safety - Law Enforcement - Body-Worn Cameras
Hearing Held - No vote in committee
Judiciary
X
Support
Contact your Delegate on Committee
Would require all law enforcement agencies to adopt policies and procedures and require the use of body-worn cameras by October 1, 2021.
Body cams
SB0071
Senator Sydnor
Maryland Police Accountability Act of 2021 - Body-Worn Cameras, Employee Programs, and Use of Force
Gubernatorial Veto Override - Chapter 60
X
Support
Contact your Delegate on Committee
(1) requires specified law enforcement agencies to require the use of a body-worn camera (BWC) by each law enforcement officer employed by the law enforcement agency who regularly interacts with members of the public as part of the law enforcement officer’s official duties; (2) requires each law enforcement agency to establish a specified early intervention system; (3) requires each law enforcement agency to provide access to an “employee assistance program” for all police officers that the law enforcement agency employs and develop a policy to provide access to required program services at no cost to a police officer; (4) establishes the Maryland Use of Force Statute; and (5) extends the duration and required duties of the Law Enforcement Body Camera Task Force
Citations
HB0445
SB0671
Delegate Dumais
Criminal Procedure - Charging Procedures - Citations
Allowed to go into effect without Governor's signature
X
Support
Contact your Senator on committee
Would expand the use of citation for charging people with criminal violations instead of making arrests.
Citations
SB0671
HB0445
Senator Waldstreicher
Criminal Procedure - Charging Procedures - Citations
Allowed to go into effect without Governor's signature
X
Support
Contact your Senator
Would expand the use of citation for charging people with criminal violations instead of making arrests.
Education Credits
HB0089
SB0397
Delegate Wilkins
Correctional Services - Diminution Credits - Education
Allowed to go into effect without Governor's signature
X
Support
Contact your Delegate on committee
Would award a diminution credit of 90 days to reduce the term of confinement of an inmate for successfully obtaining an educational certificate, diploma, or degree.
Education Credits
SB0397
HB0089
Senator Carter
Correctional Services - Diminution Credits - Education
Favorable with Amendments Report by Judiciary
House Floor (no vote taken)
X
Support
Contact your Senator on committee
Would award a diminution credit of 90 days to reduce the term of confinement of an inmate for successfully obtaining an educational certificate, diploma, or degree.
Investigations of police-State Prosecutor
SB0600
Senator Smith
Maryland Police Accountability Act of 2021 - Surplus Military Equipment and Investigation of Deaths Caused by Police Officers
Allowed to go into effect without Governor's signature
X
Support
Contact your Delegate on Committee
Establishes an independent investigative unit within the Office of the Attorney General (OAG) to investigate all alleged or potential police-involved deaths of civilians. A law enforcement agency must notify the independent investigative unit of any alleged or potential police–involved death of a civilian as soon as the agency becomes aware of the incident and cooperate with the unit in connection with the investigation. The Governor must annually include funding in the State budget sufficient to provide for the full and proper operation of the unit. Funds provided in accordance with this requirement must supplement and may not supplant any other funding provided to the unit. The bill also prohibits a law enforcement agency from receiving specified military equipment from a surplus program operated by the federal government.
LEOBOR repeal & procedures
SB0627
Senator Carter
Maryland Police Accountability Act of 2021 - Law Enforcement Officers' Bill of Rights - Repeal and Procedures for Discipline
Passed Senate-Amended in House
Senate did not accept or reject House Amendments
X
Support
Contact your Delegate on Committee
Would repeal the Law Enforcement Officers' Bill of Rights and replace it with other procedures for investigating police misconduct
Military equipment
SB0599
Senator Smith
Maryland Police Accountability Act of 2021 - Surplus Military Equipment
Passed Senate - No vote in House Committee
Judiciary
X
Support
Contact your Delegate on Committee
Would prohibit law enforcement agencies from receiving certain equipment from a federal military surplus program, including weaponized aircraft, drones, or vehicles; destructive devices; firearm silencers; or grenade launchers
No-Knock warrants
SB0419
Senator Carter
Maryland Police Accountability Act of 2021 - Search Warrants
Passed Senate - No vote in House Committee
Judiciary
X
Support
Contact your Delegate on Committee
Would repeal the law authorizing an application for a search warrant to contain a request authorizing the executing law enforcement officer to enter a building, apartment, premises, place, or thing to be searched without giving notice of the officer's authority or purpose under certain circumstances.
Parole Reform
HB0003
Delegate Clippinger
Correctional Services - Parole - Life Imprisonment
Passed House - No vote in Senate Committee
Judicial Proceedings
X
Support
Contact your Senator on committee
Would alter, from 15 years to 20 years, the time period that inmates sentenced to life imprisonment for a crime committed on or after October 1, 2021, must serve before becoming eligible for parole consideration; and repeal provisions that provide that inmates serving a term of life imprisonment may be paroled only with the Governor's approval.
Parole Reform
SB0202
Senator Kelley
Correctional Services - Parole - Life Imprisonment
Vetoed by Governor
X
Support
Contact your Senator on committee
Would alter, from 15 years to 20 years, the time period that inmates sentenced to life imprisonment for a crime committed on or after October 1, 2021, must serve before becoming eligible for parole consideration; and repeal provisions that provide that inmates serving a term of life imprisonment may be paroled only with the Governor's approval.
Police Personnel Records
SB0178
HB0120
Senator Carter
Maryland Police Accountability Act of 2021 - Search Warrants and Inspection of Records Relating to Police Misconduct (Anton's Law)
Gubernatorial Veto Override - Chapter 62
X
Support
Contact your Delegate on Committee
Makes various modifications to provisions relating to search warrants, including “no-knock” search warrants, and requires law enforcement agencies to annually report specified data relating to search warrants to the Governor’s Office of Crime Prevention, Youth, and Victim Services (GOCPYVS). In addition, the bill establishes that, except for a record of a “technical infraction,” a record relating to an administrative or criminal investigation of misconduct by a law enforcement officer, including an internal affairs investigatory record, a hearing record, and records relating to a disciplinary decision, is not a personnel record for purposes of Maryland’s Public Information Act (PIA). Thus, such records are generally subject to discretionary denial of inspection (instead of mandatory denial) as provided under PIA, subject to specified exceptions. The bill further specifies requirements for custodians of specified records relating to investigations of misconduct by law enforcement officers
Police Reform
HB0670
Speaker
Maryland Police Accountability Act of 2021 - Police Discipline and Law Enforcement Programs and Procedures
Gubernatorial Veto Override - Chapter 59
X
Support
Contact your Delegate
Among other things, the bill (1) repeals the Law Enforcement Officers’ Bill of Rights (LEOBR) and establishes provisions that relate to a statewide accountability and discipline process for police officers; (2) alters requirements for the Maryland Police Training and Standards Commission (MPTSC) regarding training and police certification; (3) establishes two higher education financial assistance programs for police officers, with mandated appropriations; (4) increases civil liability limits applicable to police misconduct lawsuits; and (5) requires reporting on SWAT team activity and use of force complaints
Police Use of Force
SB0626
HB0139
Senator Carter
Maryland Police Accountability Act of 2021 - Law Enforcement Officers - Use of Force, Reporting, and Whistleblower Protections
Passed Senate - No vote in House Committee
Judiciary
X
Support
Contact your Delegate on Committee
Establishes three misdemeanors punishable by up to 10 years in jail for a law enforcement officer who: Intentionally uses excessive force Fails to intervene to terminate another officer using or expressing an intent to use excessive force, or Fails to provide or obtain appropriate medical treatment for a person injured as a result of an officer’s use of force.
Police mental health assistance
SB0074
HB0088
Senator Washington
Maryland Police Accountability Act of 2021 - Employee Assistance Programs and Early Intervention Programs
Passed Senate-Amended in House
Senate did not accept or reject House Amendments
X
Support
Contact your Delegate on Committee
Would require each law enforcement agency to develop and implement an employee assistance program or a mental health program resiliency sessions, for crisis and stress management counseling, peer support, and mental health evaluations.
Step-Down Programs
HB0131
Delegate Lewis, J.
Correctional Services - Step-Down Programs - Cause of Action
Hearing Held - No vote in committee
Judiciary
X
Support
Contact your Delegate on committee
Would require the Department of Corrections to establish step-down program to prepare any inmate placed in restrictive housing (solitary confinement) for transition to the general population or the ciommunity.
Baltimore Police Dept.
HB1027
SB0786
Delegate Wells
Maryland Police Accountability Act of 2021 - Baltimore City - Control of the Police Department of Baltimore City
Passed House - No vote in Senate Committee
Judicial Proceedings
Support
Would transfer control of the Baltimore Police Department from the State to the City of Baltimore
Body cams
HB0152
Delegate Crosby
Law Enforcement - Department of State Police - Body-Worn Cameras
Hearing Held - No vote in committee
Judiciary
Support
Would requiring the Department of State Police to adopt policies and procedures and issue body-worn cameras for police employees of the Department to use while on duty by January 1, 2022.
Correctional Ombudsman
HB1188
SB0809
Delegate Barron
Office of the Attorney General - Correctional Ombudsman
Hearing Held - No vote in committee
Judiciary
Support
Correctional Ombudsman
SB0809
HB1188
Senator Hettleman
Office of the Attorney General - Correctional Ombudsman
Hearing Held - No vote in committee
Judicial Proceedings
Support
Juvenile 1st Degree Murder
HB0385
SB0395
Delegate Crutchfield
Criminal Law - Felony Murder - Limitation and Review of Convictions for Children
Hearing Held - No vote in committee
Judiciary
Support
Prohibits an individual who was a child at the time of the offense from being convicted of first degree felony murder, and authorizes motions to review such convictions for those already convicted.
Juvenile 1st Degree Murder
SB0395
HB0385
Senator Carter
Criminal Law - Felony Murder - Limitation and Review of Convictions for Children
Hearing Held - No vote in committee
Judicial Proceedings
Support
Prohibits an individual who was a child at the time of the offense from being convicted of first degree felony murder, and authorizes motions to review such convictions for those already convicted.
Juveniles Convicted as Adults
HB0409
SB0494
Delegate Lewis, J.
Juveniles Convicted as Adults - Sentencing - Limitations and Reduction (Juvenile Restoration Act)
Passed House - No vote in Senate Committee
Judicial Proceedings
Support
Would prohibit imposing a life sentence without the possiblity of parole for a juvenile and would authorize an individual convicted as an adult for an offense committed as a minor to file a motion to reduce the duration of the individual's sentence.
Juveniles Convicted as Adults
SB0494
HB0409
Senator West
Juveniles Convicted as Adults - Sentencing - Limitations and Reduction (Juvenile Restoration Act)
Gubernatorial Veto Override - Chapter 61
Support
Authorizes a court, when sentencing a minor convicted as an adult, to impose a sentence less than the minimum term required under law. A court is prohibited from imposing a sentence of life imprisonment without the possibility of parole or release on a minor convicted as an adult. The bill also authorizes an individual who was convicted as an adult for an offense committed when the individual was a minor to file a motion with the court to reduce the duration of the individual’s sentence if the individual (1) was sentenced for the offense before October 1, 2021, and (2) has been imprisoned for at least 20 years for the offense.
LEOBOR repeal
HB0151
Delegate Acevero
Law Enforcement Officers' Bill of Rights - Repeal
Hearing Held - No vote in committee
Judiciary
Support
Contact your Delegate on committee
Would repeal the Law Enforcement Officers' Bill of Rights.
Law enforcement reform
HB0707
SB0237
Delegate Bhandari
Public Safety - Law Enforcement Reform
Hearing Held - No vote in committee
Judiciary
Support
Would move the Baltimore Police Department from State to City control, impose requirements for "no-knock" search warrants, increase the frequency of police training that will include implicit bias, require the use of body-worn cameras, create a use of force policy, require intervention to prevent or terminate the use of excessive force and reporting of such incidents, and require rendering aid to injured people who are in custody.
Law enforcement reform
SB0237
HB0707
Senator West
Public Safety - Law Enforcement Reform
Hearing Held - No vote in committee
Judicial Proceedings
Support
Contact your Delegate on committee
Would move the Baltimore Police Department from State to City control, impose requirements for "no-knock" search warrants, increase the frequency of police training that will include implicit bias, require the use of body-worn cameras, create a use of force policy, require intervention to prevent or terminate the use of excessive force and reporting of such incidents, and require rendering aid to injured people who are in custody.
Mental health responses
HB0108
SB0286
Delegate Charkoudian
Behavioral Health Crisis Response Services - Modifications
Allowed to go into effect without Governor's signature
Support
Would fund “mobile crisis teams” established by local behavioral health authority through the Behavioral Health Crisis Response Grant Program to minimize law enforcement interaction for individuals in crisis, and would authorize 9-1-1 to dispatch these teams.
Mental health responses
SB0286
HB0108
Senator Augustine
Behavioral Health Crisis Response Services - Modifications
Allowed to go into effect without Governor's signature
Support
Would fund “mobile crisis teams” established by local behavioral health authority through the Behavioral Health Crisis Response Grant Program to minimize law enforcement interaction for individuals in crisis, and would authorize 9-1-1 to dispatch these teams.
Police Use of Force
HB0139
SB0626
Delegate Davis, D.M.
Law Enforcement Officers - Use of Force
Hearing Held - No vote in committee
Judiciary
Support
Contact your Delegate on committee
Would establish the crime of "improper use of force by law enforcement officer" with specific criteria for determining if force was necessary and proportional to prevent an imminent threat of physical injury to a person or to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense, taking into consideration the seriousness of the underlying offence. Would require all law enforcement agencies to establish policies (reviewed by the Attorney General) and to post data on use of force incidents. Would also authorize civil suits for use of force by a law enforcement officer.
Qualified Immunity
HB1049
Delegate Wilkins
Police Qualified Immunity and Accountability Act
Hearing Held - No vote in committee
Judiciary
Support
LEOBOR
HB0687
SB0381
Delegate McComas
Law Enforcement Officers' Bill of Rights - Uniform Disciplinary Procedures
Hearing Held - No vote in committee
Judiciary
Oppose
Would prohibit a law enforcement agency and a collective bargaining unit from entering into an agreement that is inconsistent with the provisions of the Law Enforcement Officers' Bill of Rights
LEOBOR
SB0381
HB0687
Senator Cassilly
Law Enforcement Officers' Bill of Rights - Uniform Disciplinary Procedures
Hearing Held - No vote in committee
Judicial Proceedings
Oppose
Would prohibit a law enforcement agency and a collective bargaining unit from entering into an agreement that is inconsistent with the provisions of the Law Enforcement Officers' Bill of Rights
AG Law Enforcement Prosecutions
HB1035
Delegate Atterbeary
State Government - Attorney General - Independent Law Enforcement Prosecution Unit
Hearing Held - No vote in committee
Judiciary
Body cams
HB0727
SB0583
Delegate Moon
Law Enforcement - Body-Worn Cameras - Capabilities
Hearing Held - No vote in committee
Judiciary
Would require that a police body camera automatically record and save 2 minutes of audio and video footage immediately prior to the officer activating the record button on the device
Body cams
SB0583
HB0727
Senator Hettleman
Law Enforcement - Body-Worn Cameras - Capabilities
Hearing Held - No vote in committee
Judicial Proceedings
Would require that a police body camera automatically record and save 2 minutes of audio and video footage immediately prior to the officer activating the record button on the device
Body cams
SB0690
Senator Sydnor
Public Information Act - Inspection of Records From Body-Worn Digital Recording Devices
Passed Senate - No vote in House Committee
Judiciary
Data on officers
HB1248
Delegate Washington
Public Safety - Police Officer - Data Collection and Reporting
Allowed to go into effect without Governor's signature
De-escalation Training
HB0809
Delegate Haynes
Public Safety - Use of Force De-Escalation Training of Law Enforcement Officers - Reports
Withdrawn
Would require law enforcement agences to annually report its policies and procedures related to use of force de-escalation training for its law enforcement officers and any incidents involving use of force
Debt elimination
HB1331
SB0898
Delegate Davis, D.M.
Maryland Criminal Justice Debt Elimination and Prevention Act of 2021
Hearing Held - No vote in committee
Judiciary
Debt elimination
SB0898
HB1331
Senator Carter
Maryland Criminal Justice Debt Elimination and Prevention Act of 2021
Hearing Held - No vote in committee
Judicial Proceedings
Demographics
HB0100
Delegate Davis, D.M.
Correctional Services - Inmate Cost-of-Living Report - Maryland Correctional Enterprises Diversity Report
Passed House - No vote in Senate Committee
Senate Floor (no vote taken)
Would expand the information that must be included in the Commissioner of Correction Annual Report to include information relating to the annual cost of living for inmates and information relating to inmates currently employed at correctional facilities.
Discriminatory Traffic Stops
HB1046
Delegate Rosenberg
Vehicle Laws - Policies and Prohibition Against Discriminatory Traffic Stops
Hearing Held - No vote in committee
Judiciary
Duty to intervene
SB0050
Senator Carter
Criminal Procedure - Police Officers - Duty to Intervene
Hearing Held - No vote in committee
Judicial Proceedings
Would requiring a police officer to make a reasonable attempt to intervene to terminate or prevent another police officer's use of excessive force, and making knowing and willful violation of this requirement subject to fines and imprisonment.
Duty to report misconduct
SB0166
Senator Sydnor
Criminal Procedure - Police Officers - Duty to Report Misconduct (Maryland Police Accountability Act)
Hearing Held - No vote in committee
Judicial Proceedings
Would require a police officer to report criminal conduct of another police officer to a supervisor or police chief when the reporting officer has actual knowledge of the criminal conduct; and subjecting an officer to imprisonment and/or fines for failure to report.
Felony murder
HB1115
Delegate Wilson
Criminal Law - Felony Murder - Limitations and Review
Withdrawn
Geriatric Parole
HB0426
Delegate Dumais
Correctional Services - Geriatric Parole
Hearing Held - No vote in committee
Judiciary
Would require the Maryland Parole Commission to develop a dynamic risk assessment instrument to assist in predicting the risk that an inmate may violate the law if released on parole; requiring the Commission to complete an annual assessment of inmates at least 60 years old who are eligible for parole.
Housing discrimination
HB0560
Delegate Fennell
Human Relations - Discrimination in Housing - Reentry-Into-Society Status
Unfavorable
Would elevate “reentry-into-society status” to a protected class for purposes of State fair housing laws and prohibits discriminatory practices in residential real estate transactions and the sale or rental of a dwelling because of a person’s reentry-into-society status. “Reentry-into-society status” means the state of having completed a court-ordered sentence of imprisonment.
Implicit Bias Training
HB0194
Delegate Wells
Criminal Procedure - Police Officers and Public Defenders - Implicit Bias - Testing, Training, and Evaluation
Hearing Held - No vote in committee
Judiciary
Would require that public defenders and police receive a test for implicit bias, training to address implicit bias, and undergo an evaluation to measure the results of that training.
Inmate Training & Jobs
HB1337
SB0800
Delegate Proctor
Inmate Training and Job Act of 2021
Hearing Held - No vote in committee
Judiciary
Inmate Training & Jobs
SB0800
HB1337
Senator Patterson
Inmate Training and Job Act of 2021
Allowed to go into effect without Governor's signature
Inmate education access
HB0723
Delegate Ivey
Public Institutions of Higher Education - Incarcerated and Formerly Incarcerated Individuals - Academic and Employment Opportunities
Hearing Held - No vote in committee
Appropriations
Would require the Maryland Higher Education Commission to establish a process to increase access to academic and employment opportunities at public institutions of higher education for incarcerated and formerly incarcerated individuals who are or were employed by Maryland Correctional Enterprises during their incarceration
Juvenile interrogation
HB0315
SB0136
Delegate Bartlett
Juvenile Law - Juvenile Interrogation Protection Act
Passed House - No vote in Senate Committee
Judicial Proceedings
Would require a law enforcement officer who takes a child into custody to provide notice to the child's parents, guardian, or custodian in a manner reasonably calculated to give actual notice; and prohibit interrogation until the child has consulted with a certain attorney and a notice has been provided to the child's parent, guardian, or custodian.
Juvenile interrogation
SB0136
HB0315
Senator Carter
Juvenile Law - Juvenile Interrogation Protection Act
Hearing Held - No vote in committee
Judicial Proceedings
Would require a law enforcement officer who takes a child into custody to provide notice to the child's parents, guardian, or custodian in a manner reasonably calculated to give actual notice; and prohibit interrogation until the child has consulted with a certain attorney and a notice has been provided to the child's parent, guardian, or custodian.
Juvenile questioning
HB0331
Delegate Johnson
Criminal Procedure - Questioning of Minors by Police Officers
Withdrawn
Would prohibiting a police officer from questioning a minor unless an attorney for the minor is physically present with the minor or communicating with the minor through live, two-way electronic and audio communication
Juvenile-life without parole
SB0531
Senator Kelley
Criminal Procedure - Life Without Parole - Imposition
Hearing Held - No vote in committee
Judicial Proceedings
Would require a sentence for certain sexual abuse crimes to include a term of lifetime sexual offender supervision.
Life sentences
HB0230
Delegate Proctor
Inmates - Life Imprisonment - Parole Reform
Withdrawn
Would establish that inmates serving a term of life imprisonment may be paroled without the Governor's approval after serving 30 years without application of diminution of confinement credits
Marijuana amount in Possession
HB0324
SB0143
Delegate Moon
Criminal Law - Marijuana - Possession and Possession With Intent to Distribute
Passed House - No vote in Senate Committee
Judicial Proceedings
Would increase, from 10 grams to 1 ounce, the amount of marijuana below which possession is a civil offense, rather than a criminal offense; and creae a presumption that a person in possession of less than 1 ounce of marijuana is not in violation of possession with intent to distribute in the absence of any other evidence
Marijuana amount in Possession
SB0143
HB0324
Senator Waldstreicher
Criminal Law - Marijuana - Possession and Possession With Intent to Distribute
Hearing Held - No vote in committee
Judicial Proceedings
Would increase, from 10 grams to 1 ounce, the amount of marijuana below which possession is a civil offense, rather than a criminal offense; and creae a presumption that a person in possession of less than 1 ounce of marijuana is not in violation of possession with intent to distribute in the absence of any other evidence
Marijuana legalization
HB0032
Delegate Lewis, J.
Cannabis - Legalization and Regulation (Inclusion, Restoration, and Rehabilitation Act of 2021)
Hearing Held - No vote in committee
Judiciary
Would alter the quantity threshold and establishing an age limit (under 21) applicable to the civil offense of use or possession of cannabis
Marijuana legalzation
SB0708
Senator Feldman
Cannabis - Legalization and Regulation
Hearing Held - No vote in committee
Finance
No-Knock Warrants
HB0188
Delegate Grammer
No-Knock Warrants - Elimination (Duncan's Act)
Hearing Held - No vote in committee
Judiciary
Would repeal the provision of law authorizing an application for a search warrant to contain a request authorizing the executing law enforcement officer to enter a building, apartment, premises, place, or thing to be searched without giving notice of the officer's authority or purpose
No-Knock Warrants
HB0241
Delegate Wilson
Criminal Procedure - Search Warrants - Requirements
Withdrawn
Would repeal the law authorizing an application for a search warrant to contain a request authorizing the executing law enforcement officer to enter a building, apartment, premises, place, or thing to be searched without giving notice of the officer's authority or purpose under certain circumstances.
Parole Reform
SB0498
Senator Kelley
Correctional Services - Parole - Life Imprisonment
Withdrawn
Would alter, from 15 years to 20 years, the time period that inmates sentenced to life imprisonment for a crime committed on or after October 1, 2021, must serve before becoming eligible for parole consideration; and repeal provisions that provide that inmates serving a term of life imprisonment may be paroled only with the Governor's approval.
Police Investigation Records
HB0671
Speaker
Public Information Act - Personnel and Investigatory Records - Complaints Against Police Officers
Hearing Held - No vote in committee
Judiciary
Would require a custodian to grant inspection of certain personnel records by the United States Attorney, the Attorney General, the State Prosecutor, or a State's Attorney and establish that a record relating to a formal complaint of job-related misconduct made against a police officer is not a personnel record under certain provisions of the Public Information Act if the conduct involves discharge of a firearm or use of force resulting in serious injury or death, or if the officer is admnistratively charged with sexual assault, dishonesty or discrimination.
Police Misconduct Database
SB0588
Senator Sydnor
Law Enforcement Officers - Creditability of Witnesses and Misconduct Database (Maryland Police Accountability Act of 2021)
Hearing Held - No vote in committee
Judicial Proceedings
Would require each State's Attorney to maintain a list of law enforcement officers who have been found to have committed or are alleged to have committed acts that bear on credibility, integrity or honesty that would constitute impeachment or exculpatory evidence, and provide that certain personnel records are subject to inspection under the Maryland Public Information Act
Police Personnel Records
HB0120
SB0178
Delegate Acevero
Public Information Act - Personnel Records - Investigations of Law Enforcement Officers (Anton's Law)
Hearing Held - No vote in committee
Judiciary
Would establish that a record relating to an administrative or criminal investigation of misconduct by a law enforcement officer is not a personnel record (which is not subject to public inspection) under the Public Information Act, but would allow the custodian of record to deny inspection of "records relating to an administrative or criminal investigation of misconduct by a law enforcement officer, incljuding ann internal affairs investigatory record, a hearing record, and records relating to a disciplinatry action."
Police Stop Procedures
HB0197
SB0589
Delegate Wilson
Criminal Procedure - Police Officers - Stop Procedures (Know Your Rights Act)
Hearing Held - No vote in committee
Judiciary
Would require a police officer to display proper identification and provide certain information to certain individuals at the commencement of a certain stop; require a police officer to inform certain passengers and occupants of a vehicle of the right to be informed of the reason for the stop and to refuse to provide identification to the police officer.
Police Stop Procedures
SB0589
HB0197
Senator Sydnor
Criminal Procedure - Police Officers - Stop Procedures (Know Your Rights Act)
Hearing Held - No vote in committee
Judicial Proceedings
Would require a police officer to display proper identification and provide certain information to certain individuals at the commencement of a certain stop; require a police officer to inform certain passengers and occupants of a vehicle of the right to be informed of the reason for the stop and to refuse to provide identification to the police officer.
Police drug & alcohol testing
SB0601
Senator Smith
Public Safety - Required Drug and Alcohol Testing for Law Enforcement Officers
Hearing Held - No vote in committee
Judicial Proceedings
Would expand the procedures for conducting an investigation or interrogation under circumstances that may lead to disciplinary action, demotion, or dismissal of a law enforcement officer and require a law enforcement officer to submit to certain drug and alcohol testing under certain circumstances (with specific exceptions).
Police mental health assistance
HB0088
SB0074
Delegate Brooks
Maryland Police Accountability Act of 2021 - Prohibition Against Penalization for Seeking Mental Health Services
Passed House - No vote in Senate Committee
Judicial Proceedings
Police performance review
SB0260
Senator Ellis
Public Safety - Police Officers' Performance Review Board
Hearing Held - No vote in committee
Judicial Proceedings
Would establishing a Police Officers' Performance Review Board as an independent board that functions in the Department of Public Safety and Correctional Services; require all law enforcement agencies to collect data on certain citizen encounters with officers, establish standards for appropriate race neutral behaviors, and impose sanctions for racially discriminatory behavior by officers; and authorize the Board to hold hearings in conducting annual reviews of police officer performance.
Police-Free Schools
HB1089
Delegate Acevero
Primary and Secondary Education - Expansion of Mental Health Services and Prohibition of School Resource Officers (Police-Free Schools Act)
Hearing Held - No vote in committee
Ways and Means
Pregnant inmates
HB0235
Delegate Fisher, W.
Correctional Services - Pregnant Incarcerated Individuals - Substance Abuse Assessment and Treatment
Hearing Held - No vote in committee
Judiciary
Would require that a pregnant incarcerated individual be screened for substance use disorder at intake using a validated screening tool, be referred immediately to a behavioral health care provider and a reproductive health care provider as appropriate, and receive needed medication.
Pretrial services fees
HB0316
SB0023
Delegate Smith
Conditions of Pretrial Release - Home Detention Monitoring
Allowed to go into effect without Governor's signature
Would exempt certain defendants placed in private home detention as a condition of pretrial release from the requirement to pay a monitoring fee if the defendant qualifies as an indigent individual under certain circumstances or if a home detention monitoring device is provided by the State or a local jurisdiction
Pretrial services fees
SB0023
HB0316
Senator Hettleman
Conditions of Pretrial Release - Home Detention Monitoring
Passed Senate - No vote in House Committee
Rules and Executive Nominations
Would exempt certain defendants placed in private home detention as a condition of pretrial release from the requirement to pay a monitoring fee if the defendant qualifies as an indigent individual under certain circumstances or if a home detention monitoring device is provided by the State or a local jurisdiction
Pretrial services fees-grants
HB0126
SB0229
Delegate Moon
Public Safety - Pretrial Services Program Grant Fund - Extension and Program Requirements
Allowed to go into effect without Governor's signature
Would prohibit a pretrial services program that receives a certain grant from charging a fee to a defendant for participation in the program
Pretrial services fees-grants
SB0229
HB0126
Senator Waldstreicher
Public Safety - Pretrial Services Program Grant Fund - Extension and Program Requirements
Passed Senate - No vote in House Committee
Rules and Executive Nominations
Would prohibit a pretrial services program that receives a certain grant from charging a fee to a defendant for participation in the program
Prosecuting police officers
HB0365
Delegate Fisher, W.
Criminal Procedure - Office of the Attorney General - Prosecution of Police Officer
Hearing Held - No vote in committee
Judiciary
Would authorize the Attorney General to prosecute a criminal case involving serious bodily injury or death allegedly caused by a police officer
Reentry success
HB1233
Delegate Feldmark
Correctional Services - Inmates - Intake and Release Requirements (Reentry Success Act of 2021)
Hearing Held - No vote in committee
Judiciary
Restrictive Housing
HB0917
Delegate Amprey
Corrections - Restrictive Housing - Prohibition
Hearing Held - No vote in committee
Judiciary
Restrictive Housing-SMI
HB0851
Delegate Ruth
Corrections - Restrictive Housing - Serious Mental Illness
Hearing Held - No vote in committee
Judiciary
Would prohibit the placement of an inmate with a serious mental illness in restrictive housing, unless he/she poses and immediate and ongoing threat of imminent har to self or others; limit placement such inmates in restrictive housing for more than 15 days; and require the managing official of a correctional facility to require a daily wellness check of an individual placed in restrictive housing.
School discipline data
HB0171
Delegate Washington
State Department of Education - School Discipline - Data Collection
Passed House-Favorable with Amendments by Senate committee
Senate Floor (No vote taken)
Would require the Maryland State Department of Education (MSDE) to make available, as a data download on its website, disaggregated discipline-related data at the State, local school system, and school levels, including data related to any disproportional disciplinary practices of a local school system or public school.
School officers
HB0522
Delegate Washington
Public Schools - School Resource Officers and School Security Employees - Revisions
Passed House - No vote in Senate Committee
Education, Health, and Environmental Affairs
Would prohibit a school administrator or official or a school safety coordinator from directing a school resource officer to enforce discipline-related policies, rules, regulations, or procedures.
Use of force
HB0956
Delegate Washington
Criminal Procedure - Law Enforcement Procedures - Use of Force
Hearing Held - No vote in committee
Judiciary
Whistleblower protection
SB0482
Senator Carter
Public Safety - Law Enforcement Officers - Whistleblower Protections
Hearing Held - No vote in committee
Judicial Proceedings
Would prohibit a supervisor, an appointing authority, and the head of a certain law enforcement agency from threatening or taking retaliatory actions against a law enforcement officer who discloses information that the officer reasonably believes evidences an abuse of authroity, gross mismanagement, gross waste of money, a substantial and specific danger to public health, or a violation of law.