Maryland HB 1035: State Government – Attorney General – Independent Law Enforcement Prosecution Unit

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1035*

HOUSE BILL 1035
P1, E4 1lr1550

By: Delegate Atterbeary
Introduced and read first time: February 5, 2021
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

State Government – Attorney General – Independent Law Enforcement 2
Prosecution Unit 3

FOR the purpose of establishing the Independent Law Enforcement Prosecution Unit in 4
the Office of the Attorney General; requiring the Unit to investigate certain 5
shootings and other incidents under certain circumstances; requiring a law 6
enforcement agency to notify the Unit of certain shootings and other incidents under 7
certain circumstances at a certain time and to cooperate with the Unit under certain 8
circumstances; requiring the Unit to submit a certain report to a certain State’s 9
Attorney and publicize the report at a certain time; authorizing the Attorney General 10
to adopt certain regulations; requiring the Office of the Attorney General to conduct 11
a certain study, make certain recommendations, and report its findings and 12
recommendations to a certain committee of the General Assembly on or before a 13
certain date; defining certain terms; and generally relating to the establishment of 14
an Independent Law Enforcement Prosecution Unit in the Office of the Attorney 15
General. 16

BY adding to 17
Article – Public Safety 18
Section 3–523 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2020 Supplement) 21

BY adding to 22
Article – State Government 23
Section 6–601 through 6–606 to be under the new subtitle “Subtitle 6. Independent 24
Law Enforcement Prosecution Unit” 25
Annotated Code of Maryland 26
(2014 Replacement Volume and 2020 Supplement) 27

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28

2 HOUSE BILL 1035

That the Laws of Maryland read as follows: 1

Article – Public Safety 2

3–523. 3

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5

(2) “LAW ENFORCEMENT AGENCY” HAS THE MEANING STATED IN § 6
3–201 OF THIS TITLE. 7

(3) “LAW ENFORCEMENT PROSECUTION UNIT” MEANS THE 8
INDEPENDENT LAW ENFORCEMENT PROSECUTION UNIT ESTABLISHED IN THE 9
OFFICE OF THE ATTORNEY GENERAL UNDER TITLE 6, SUBTITLE 6 OF THE STATE 10
GOVERNMENT ARTICLE. 11

(4) “POLICE OFFICER” HAS THE MEANING STATED IN § 3–201 OF THIS 12
TITLE. 13

(B) THE LAW ENFORCEMENT PROSECUTION UNIT SHALL INVESTIGATE 14
EACH: 15

(1) SHOOTING INVOLVING A POLICE OFFICER THAT RESULTS IN 16
DEATH; AND 17

(2) INCIDENT INVOLVING THE USE OF PHYSICAL FORCE BY A POLICE 18
OFFICER THAT RESULTS IN DEATH. 19

(C) A LAW ENFORCEMENT AGENCY SHALL: 20

(1) NOTIFY THE LAW ENFORCEMENT PROSECUTION UNIT OF ANY 21
SHOOTING INVOLVING A POLICE OFFICER OR OTHER INCIDENT INVOLVING THE USE 22
OF PHYSICAL FORCE BY A POLICE OFFICER THAT RESULTS IN DEATH AS SOON AS 23
THE LAW ENFORCEMENT AGENCY BECOMES AWARE OF THE INCIDENT; AND 24

(2) COOPERATE WITH THE LAW ENFORCEMENT PROSECUTION UNIT 25
IN THE INVESTIGATION OF THE INCIDENT. 26

(D) ON COMPLETION OF AN INVESTIGATION UNDER THIS SECTION, THE 27
LAW ENFORCEMENT PROSECUTION UNIT SHALL ISSUE A PUBLIC REPORT OF ITS 28
FINDINGS. 29

Article – State Government 30

HOUSE BILL 1035 3

SUBTITLE 6. INDEPENDENT LAW ENFORCEMENT PROSECUTION UNIT. 1

6–601. 2

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4

(B) “LAW ENFORCEMENT AGENCY” HAS THE MEANING STATED IN § 3–201 5
OF THE PUBLIC SAFETY ARTICLE. 6

(C) “OFFICER–INVOLVED INCIDENT” MEANS A SHOOTING OR OTHER 7
INCIDENT INVOLVING THE USE OF PHYSICAL FORCE BY A POLICE OFFICER THAT 8
RESULTS IN DEATH. 9

(D) “POLICE OFFICER” HAS THE MEANING STATED UNDER § 3–201 OF THE 10
PUBLIC SAFETY ARTICLE. 11

(E) “UNIT” MEANS THE INDEPENDENT LAW ENFORCEMENT PROSECUTION 12
UNIT. 13

6–602. 14

(A) THERE IS AN INDEPENDENT LAW ENFORCEMENT PROSECUTION UNIT 15
IN THE OFFICE OF THE ATTORNEY GENERAL. 16

(B) THE PURPOSE OF THE UNIT IS TO: 17

(1) INVESTIGATE EACH INCIDENT INVOLVING A SHOOTING BY A 18
POLICE OFFICER OR OTHER USE OF PHYSICAL FORCE BY A POLICE OFFICER THAT 19
RESULTS IN DEATH; AND 20

(2) IF SUFFICIENT GROUNDS EXIST FOR THE PROSECUTION OF 21
CRIMINAL CONDUCT, PROSECUTE THE POLICE OFFICER INVOLVED. 22

6–603. 23

(A) FOR FISCAL YEAR 2023 AND EACH FISCAL YEAR THEREAFTER, THE 24
GOVERNOR SHALL INCLUDE IN THE ANNUAL BUDGET BILL AN APPROPRIATION OF 25
AT LEAST $5,000,000 TO THE UNIT. 26

(B) IN COOPERATION WITH THE SECRETARY OF BUDGET AND 27
MANAGEMENT, THE ATTORNEY GENERAL SHALL SET MINIMUM SALARIES, 28

4 HOUSE BILL 1035

QUALIFICATIONS, AND STANDARDS OF TRAINING AND EXPERIENCE FOR POSITIONS 1
WITHIN THE UNIT. 2

6–604. 3

(A) FOLLOWING THE INVESTIGATION BY THE UNIT OF AN 4
OFFICER–INVOLVED INCIDENT UNDER § 3–523 OF THE PUBLIC SAFETY ARTICLE, 5
THE UNIT SHALL PROVIDE A COPY OF THE INVESTIGATION RESULTS TO THE STATE’S 6
ATTORNEY FOR THE JURISDICTION IN WHICH THE OFFICER–INVOLVED INCIDENT 7
OCCURRED. 8

(B) THE UNIT SHALL HA