Significant Maryland Policing Reform Enactments
2016 to 2020
2016
HB 1016 (Ch. 519)
Recommendations

Workgroup on Public Safety and Policing

This bill implemented recommendations of the Public Safety and Policing Workgroup,
which met during the 2015 interim and submitted its final report in January 20161. Among other
things, the bill (1) reconstituted and renamed the Police Training Commission (PTC) as an
independent Maryland Police Training and Standards Commission (MPTSC) within the
Department of Public Safety and Correctional Services (DPSCS); (2) made changes to the
Law
d various requirements for
law enforcement agencies; (4) established
Office of Crime Control and Prevention (GOCCP)2 to fund local community programs ; and
(5) created a State income tax subtraction modification for certain law enforcement officers.
Maryland Police Training and Standards Commission: The bill reconstituted PTC as
MPTSC, an independent commission within DPSCS. The bill established provisions relating to
membership, terms, staffing, and the election of a chair for MPTSC.
Under the bill, MPTSC retains the same powers and duties as existed for PTC and, in addition,
must:
require entrance-level and periodic in-service training on antidiscrimination and use of
force de-escalation;
adopt and recommend a set of best practices and standards for use of force;
implement strategies to increase diversity within law enforcement agencies; and
develop standards for the mandatory psychological evaluation of a law enforcement officer
who was actively involved in an incident when another person was seriously injured or
killed as a result of an accident or a shooting or has returned from combat deployment.

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http://mgaleg.maryland.gov/Pubs/Committee/2016-PSP-Workgroup-Report.pdf.

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 The bill also required MPTSC to:
develop a system for annual reporting to MPTSC by each law enforcement agency on the
number of serious officer-involved incidents, the number of officers disciplined, and the
type of discipline that was administered; and summarize, post to a website maintained by
MPTSC, and submit that information to the General Assembly;
in consultation with the Maryland Department of Health (MDH), establish a confidential
hotline that is available for law enforcement personnel to contact to speak to a trained peer
law enforcement officer or a mental health professional who can assist with initial
counseling advice and confidential referral to appropriate programs;
establish a Police Complaint Mediation Program in which a nonviolent complaint made
against a police officer is referred out of the standard complaint process and to voluntary
mediation to be conducted by an independent mediation service;
develop best practices for the establishment and implementation of a community policing
program in each jurisdiction (each local law enforcement agency, as specified, must adopt
such a program, post specified information online, and annually file a detailed description
TSC, and MPTSC must review
each program and offer comments to the jurisdiction); and
develop a public complaint process in each jurisdiction that is uniform throughout the State,
as specified (which must be adopted by each law enforcement agency).
In addition, the bill expanded the requirements for certification as a police officer to include
the submission to a psychological evaluation by a psychologist approved by MPTSC.
The bill made a number of changes to the
complaint process under LEOBR to:
remove the requirement for notarization of a complaint against a law enforcement officer
alleging excessive force and instead require that a complaint be signed by the complainant
under the penalty of perjury;
allow a complaint to come from an individual with firsthand knowledge obtained because
the individual has a video recording of the incident that, to the best of the individual
knowledge, is unaltered; and
extend, from 90 days to 366 days, the complaint filing deadline triggering the requirement
that disciplinary action be undertaken by a law enforcement agency.
For a law enforcement officer under investigation, the time period for retaining an attorney
for the internal investigation and disciplinary process is reduced from 10 days to 5 business days.
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 Within the 5-business day period, the chief, for good cause shown, may extend the period for
obtaining representation.
For an administrative hearing board, the bill authorized the chief to appoint, as a nonvoting
member, one member of the public who has received training by MPTSC on LEOBR and matters
relating to police procedures. If authorized by local law or collectively bargained, the hearing board
may include up to two nonvoting or voting members of the public who have received training by
MPTSC on LEOBR and matters relating to police procedures.
Unless the chief finds that a hearing must be closed for good cause, including to protect a
confidential informant, an undercover officer, or a child witness, the hearing must be open to the
public.
MPTSC must develop and administer a training program on LEOBR and matters relating
to police procedures for citizens who intend to qualify to participate as a member of a hearing
board.
A law enforcement officer may not be discharged; disciplined; demoted; denied promotion,
transfer, or reassignment; or otherwise discriminated against in regard to the law enforcement
officer has disclosed
information that evidences (1) gross mismanagement; (2) a gross waste of government resources;
(3) a substantial and specific danger to public health or safety; or (4) a violation of law committed
by another law enforcement officer. A law enforcement officer may not undertake an independent
investigation based on knowledge of such disclosures.
Use of Force Reports: Each law enforcement agency must require a law enforcement
officer who was involved in a use-of-force incident in the line of duty to file an incident report
regarding the use of force by the end of the shift unless the officer is disabled.
Official Policy Posting: All official law enforcement policies, including public complaint
procedures and collective bargaining agreements, must be available online for each
law enforcement agency, as specified. A chief may prohibit the posting of administrative or
operational policies that if disclosed would jeopardize operations or create a risk to public or
officer safety.
Early Intervention Policy: Each law enforcement agency must establish a confidential
and nonpunitive early intervention policy for counseling officers who receive three or more citizen
complaints within a 12-month period. Such a policy may not prevent the investigation of or
imposition of discipline for a particular complaint.
Serious Officer-involved Incidents: Each law enforcement agency must annually report,
as specified, to MPTSC on the number of serious officer-involved incidents, the number of officers
disciplined, and the type of discipline that was administered to each officer who was disciplined.
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 Community Program Fund: The bill established a Community Program Fund as a
special, nonlapsing fund to assist local law enforcement and other local government agencies in
establishing violence intervention programs. The fund consists of (1) money appropriated in the
State budget to the fund; (2) investment earnings of the fund; and (3) money from any other source
accepted for the benefit of the fund. For fiscal 2018 and each fiscal year thereafter, the Governor
must include in the annual budget bill an appropriation to the fund of $500,000. The fund may be
used only to fund grants, as specified, and may not be used for administrative expenses.
Income Tax Subtraction Modification: The bill exempted, beginning in tax year 2016,
up to $5,000 of the income earned by a law enforcement officer if (1) the officer resides in the
political subdivision in which the officer is employed and (2) the crime rate in the political
subdivision

SB 161 (Ch. 658)/HB 336 (Ch. 619) Criminal Procedure
Forfeiture

Seizure and

These bills made changes to statutes pertaining to seizure and forfeiture of property in
bills (1) altered the type of property that is subject to forfeiture; (2) established procedural
requirements for the forfeiture of property under State law; (3) prohibited State and local entities
from transferring or referring seized property to the federal government for forfeiture under
federal law unless specified requirements are met; (4) required the transfer of specified funds to
MDH for specified programs; and (5) established reporting requirements for seizing authorities,
the Maryland Statistical Analysis Center (MSAC), and GOCCP3.

SB 233 (Ch. 542) Public Safety

Motorcycle Profiling

Training

This bill required
in existing written policies regarding other profiling and (2) require entrance-level and in-service
training related to motorcycle profiling in conjunction with existing training regarding other
profiling.

HB 1371 (Ch. 651) Criminal Law
Protocol and Training

Strangulation

Lethality Screening

This bill required MPTSC, by January 1, 2017, to (1) develop a lethality screening protocol
and training for law enforcement officers to employ when investigating complaints of
domestic violence and assault by strangulation, after conducting a review of the experience and
best practices of other states and (2) report the result of the review and the protocol and training
developed in accordance with the bill to the General Assembly.

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 2017
SB 349 (Ch. 158)/HB 255 (Ch. 159) Criminal Procedure Sexual Assault
Rights Disposal of Rape Kit Evidence and Notification
These bills required a health care provider that performs a sexual assault evidence
collection kit exam on a victim of sexual assault to provide the victim with written information
describing the laws and policies governing the testing, preservation, and disposal of a
sexual assault evidence collection kit. The bills specify when a sexual assault evidence collection
kit must be transferred to a law enforcement agency, when a sexual assault evidence collection kit
or other crime scene evidence relating to a sexual assault may be destroyed or disposed of by a
law enforcement agency, and when such evidence must be retained. The bills also required
law enforcement agencies to notify victims before destroying sexual assault evidence under certain
circumstances.

SB 941 (Ch. 803)/HB 739 (Ch. 802) Public Safety
Standards

SWAT Teams

These bills required MPTSC to consult and coo
to develop standards for training and deployment of SWAT teams and of law enforcement officers
who are not members of a SWAT team who conduct no-knock warrant service in the State based
on best practices in the State and nationwide.
-designated unit of
law enforcement officers who are selected, trained, and equipped to work as a coordinated team to
resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the
capabilities of first responders or investigative units.

HB 1037 (Ch. 598) Baltimore City Civilian Review Board
This bill altered the time limit for filing a complaint for excessive force with the
Baltimore City Civilian Review Board from within 90 days to within one year of the alleged act
giving rise to the complaint. In addition, the bill repealed the requirement that a complaint be
witnessed by a notary public and instead required that the complaint be signed and sworn to, under
the penalty of perjury, by the complainant.

2018
SB 1099 (Ch. 753) Baltimore City Police Department
Restore Trust in Policing and Audit Review

Commission to

This bill established the Commission to Restore Trust in Policing staffed by the Department
of Legislative Services (DLS). The commission must (1) review, investigate, and make
recommendations relating to the Baltimore Police Department (BPD) Gun Trace Task Force;
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 (2) submit a preliminary report by December 31, 2018; and (3) submit a final report by
December 31, 2019. The bill also required the Joint Audit Committee to (1) beginning with the
2018
and submit
findings and recommendations to the General Assembly with respect to issues in audit reports and
(2) review the audit process and procedures and provide comment and recommendations to the
President of the Senate and the Speaker of the House, the Executive Director of DLS, and the
Legislative Auditor.

HB 190 (Ch. 671) Public Safety
Maryland Police Training and
Standards Commission Psychological Consultation and Evaluation
This bill altered the standards required to be developed by the MPTSC relating to
psychological assessments of law enforcement officers by requiring MPTSC to develop standards
for the mandatory psychological consultation with, instead of evaluation of, a law enforcement
officer who was actively involved in an incident when another person was seriously injured or
killed as a result of an accident or a shooting or has returned from combat deployment. In addition,
the bill repealed the requirement that a psychologist approved by the commission conduct the
psychological evaluation required for certification of a person as a police officer.

HB 1292 (Ch. 500) Criminal Law
Sexual Activity

Law Enforcement

Prohibition on

This bill prohibited a law enforcement officer from engaging in sexual contact, vaginal
intercourse, or a sexual act with a person in the custody of the law enforcement officer. A violator
is guilty of a misdemeanor and on conviction, subject to up to three years imprisonment and/or a
$3,000 fine.

2019
SB 81 (Ch. 75) Baltimore City

Police Department

Reports on Funds

This bill required BPD to prepare specified reports, in fiscal 2019 and 2020, regarding the
expenditure of grants received from GOCCP4. By December 31 each year, BPD must submit the
required report to the Baltimore City Delegation to the General Assembly. The report must include
the intended use of each grant from GOCCP to BPD and the specific expenditures made by BPD
with any monetary grants received from GOCCP. The stated purpose of the bill is to ensure that
grants from GOCCP to BPD for community policing efforts are used for that purpose.

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Youth, and Victim Services in 2020.

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 SB 210 (Ch. 321) Law Enforcement
Equipment Acquisition

Federal Military Surplus Program

This bill required the Department of State Police (DSP), by February 1 each year, to report
to the Governor and the General Assembly on the acquisition of equipment by law enforcement
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excess Department of Defense property transfers to law enforcement agencies through the
Law Enforcement Support Office.
program operated by the
federal government for the transfer of surplus military equipment to a law enforcement agency.
The bill terminates September 30, 2022.

SB 417 (Ch. 626)/HB 301 (Ch. 625) Vehicle Laws
Stops Policy and Reporting Requirements

Race

Based Traffic

These bills made permanent the data collection and reporting program related to race-based
traffic stops by repealing its termination date. In addition, the bills repealed a requirement that
MSAC submit an annual report on the data to the Governor, the General Assembly, and each
law enforcement agency. Instead, the bills required MSAC to post data from the previous
calendar year on its website in a location that is easily accessible and in a manner that is filterable
by location and other factors. GOCCP5 must provide written notice to the General Assembly when
MSAC updates the information.

SB 767 (Ch. 33)/HB 1096 (Ch. 34) Criminal Procedure
Evidence Collection Kits Analysis

Sexual Assault

These bills required a sexual assault evidence collection kit to be submitted to a forensic
laboratory for testing unless specified requirements are met. The bills required (1) a
law enforcement agency to submit a sexual assault evidence collection kit and all requested
associated reference standards to a forensic laboratory within 30 days of receipt and (2) a forensic
laboratory to process a sexual assault evidence collection kit and all requested associated reference
standards in a timely manner. The bills also required (1) the Attorney General to adopt
implementing regulations by December 1, 2019, and (2) the Maryland Sexual Assault Evidence
Kit Policy and Funding Committee to establish an independent process to review and make
recommendations relating to when a law enforcement agency may decide not to test a
sexual assault evidence collection kit.

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 SB 847 (Ch. 459)/HB 625 (Ch. 460) Baltimore Police Department
Commission to Restore Trust in Policing Alterations
These bills extended the termination date of the Commission to Restore Trust in Policing
from January 15, 2020, to January 15, 2021, and extended the due date by which the commission
must submit its final report to the Governor and the General Assembly from December 31, 2019,
to December 31, 2020. The bills also (1) expressly subjected the proceedings, testimony, and other
evidence before the commission to the Public Information Act and the Open Meetings Act;
(2) repealed a provision requiring a vote before the commission may deem specified information
confidential and privileged; and (3) prohibited commission members and staff from being required
to sign a confidentiality agreement to receive documents or files, including personnel files,
properly subpoenaed. In addition, the bills requested and encouraged the Governor to appropriate
sufficient funds for fiscal 2020 and 2021 to enable the commission to complete its work in a timely
and comprehensive manner.

HB 168 (Ch. 32) Public Safety

Reporting of Hate Crimes

This bill altered and expanded the categories of incidents for which each local
law enforcement agency and the State Fire Marshal must report to DSP and for which DSP must
collect, analyze, and report to the Maryland Commission on Civil Rights. The altered/expanded
categories include incidents apparently directed against an individual or group because of color,
religious beliefs, gender, disability, national origin, and homelessness.

HB 516 (Ch. 73) Office of Legislative Audits Audits of Baltimore Police
Department
This bill required the Office of Legislative Audits (OLA), beginning July 1, 2020, and at
least once every six years thereafter, to conduct an audit of BPD to evaluate the effectiveness and
efficiency of the financial management practices of BPD. OLA must provide information
regarding the audit process to BPD before the audit is conducted.

2020
SB 140 (Ch. 535) Office of Legislative Audits
Police Department

Audits of the Baltimore

This bill makes several changes relating to the existing requirement for OLA to conduct an
audit of BPD to evaluate the effectiveness and efficiency of the financial management practices of
BPD. Specifically, the bill (1) allows for multiple audits to be conducted; (2) requires that the
scope and objectives of the audit or audits be determined by the Legislative Auditor; (3) specifies
that the employees or authorized representatives of OLA must have access to and may inspect the
records, including those that are confidential by law, of BPD and the Baltimore City government
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 to perform the required audits; and (4) requires the Baltimore City government to make available
to OLA all city employees, records, and information systems deemed necessary by the
Legislative Auditor to conduct the required audit or audits.

SB 246 (Ch. 223)/HB 499 (Ch. 222) Criminal Procedure
Simulator

Cell Site

These bills authorize a court to issue an order authorizing or directing a law enforcement
s (1) establish requirements for a court order
and the use of any information obtained relating to the use of a cell site simulator and (2) apply
current law provisions relating to an application for an order to obtain location information by
law enforcement and the duration of such an order to the use of cell site simulator technology by
law enforcement. By February 1 each year, each law enforcement agency must post on its website
and report to the Governor and the General Assembly the number of times a cell site simulator
was used by the agency during the previous calendar year, as specified.

SB 807 (Ch. 584) Criminal Procedure Victims of Sexually Assaultive
Behavior Waivers of Rights Prohibition
This bill prohibits a law enforcement agency from seeking specified waivers from a victim
of sexually assaultive behavior. The bill also authorizes an affected victim to bring an action
seeking injunctive or declaratory relief against a law enforcement agency that violates the
prohibition. Each law enforcement agency in the State must (1) adopt a policy to enforce the
prohibition on seeking waivers from victims of sexually assaultive behavior, by January 1, 2021,
and (2) provide a copy of the policy to the Maryland Sexual Assault Evidence Kit Policy and
Funding Committee by January 15, 2021.

HB 739 (Ch. 309) Law Enforcement Body Camera Task Force
This bill establishes the Law Enforcement Body Camera Task Force. The task force must
(1) study options for the economical storage of audio and video recordings made by
law enforcement body-worn cameras and (2) make recommendations for storage considering the
budgets of State, county, local, and campus law enforcement jurisdictions. The task force must
report its findings and recommendations to the General Assembly by December 1, 2020.

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