Vetoed by Governor Larry Hogan, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that repeals the Law Enforcement Officer's Bill of Rights and replaces it with a multistep system that includes an investigation, a charging board, and a trial board.

Highlights:

• Defines “administratively charged” as a police officer being formally accused of misconduct in an administrative proceeding (Sec. 6-3–101.B).

• Repeals “Subtitle 1. Law Enforcement Officers’ Bill of Rights” of Article – Public Safety of the Annotated Code of Maryland (Sec. 2).

• Requires each county to have a police accountability board to (Sec. 3–103.A):

• Hold quarterly meetings with heads of law enforcement agencies and otherwise work with law enforcement agencies and the county government to improve matters of policing;

• Appoint civilian members to charging committees and trial boards;

• Receive complaints of police misconduct filed by members of the public; and

• Every quarter, review outcomes of disciplinary matters considered by charging committees.

• Requires the Maryland Police Training and Standards Commission to develop and adopt, by regulation, a model uniform disciplinary matrix for use by each law enforcement agency in the state (Sec. 3–106.A).

• Establishes the Commission has the powers and duties to require, for entrance–level police training and, as determined by the Commission, for in-service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions (Sec. 3–207.a):

• Training in lifesaving techniques, including Cardiopulmonary Resuscitation (CPR);

• Training in the proper level and use of force;;

• Training regarding sensitivity to cultural and gender diversity; and

• Training regarding individuals with physical, intellectual, developmental, and psychiatric disabilities.

• Authorizes the investigating unit of a law enforcement agency to immediately review a complaint by a member of the public alleging police officer misconduct, requiring the following (Sec. 3–109.C):

• An administrative charging committee to review and decide or ask for further review within 30 days of completion of the investigating unit’s review; and

• The process of review by the investigating unit through disposition by the administrative charging committee to be completed within 1 year and 1 day after the filing of a complaint by a citizen.

• Prohibits a police officer from being discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against or threatened regarding the police officer’s employment because the police officer (Sec. 3–111.A):

• Disclosed information that evidences:

• Mismanagement;

• A waste of government resources;

• A danger to public health or safety; or

• A violation of law or policy committed by another police officer; or

• Lawfully exercised constitutional rights.

• Classifies “lethal force” as the following (Sec. 3–524-6.II):

• The discharge of a firearm at a person;

• A strike to a person’s head, neck, sternum, spine, groin, or kidneys using any hard object;

• A strike to a person’s head against a hard, fixed object;

• A kick or strike to a person’s head using a knee or foot;

• A strike to a person’s throat;

• A knee–drop on the head, neck, or torso of a person in a prone or supine position;

• A maneuver that restricts blood or oxygen flow to the brain, including chokeholds, strangleholds, neck restraints, neck holds, and carotid artery restraints;

• Any contact with the neck that may inhibit breathing or blood flow, or that applies pressure to the front, side, or back of the neck;

• The discharge of a less–lethal kinetic impact projectile launcher at a person’s head, neck, chest, or back; and

• More than one discharge of an electronic control device on a person.

• Requires a police officer to cease the use of force as soon as (Sec. 3–524.C.III):

• The person on whom force is used:

• Is under the police officer’s control; or

• No longer poses an imminent threat of physical injury or death to the police officer or another person; or

• The police officer determines that force will no longer accomplish, or is no longer reasonable and proportional to accomplish, a legitimate law enforcement objective.

Vote Smart's Synopsis:

Vote to pass a bill that repeals the Law Enforcement Officer's Bill of Rights and replaces it with a multistep system that includes an investigation, a charging board, and a trial board.

Highlights:

• Defines “administratively charged” as a police officer being formally accused of misconduct in an administrative proceeding (Sec. 6-3–101.B).

• Repeals “Subtitle 1. Law Enforcement Officers’ Bill of Rights” of Article – Public Safety of the Annotated Code of Maryland (Sec. 2).

• Requires each county to have a police accountability board to (Sec. 3–103.A):

• Hold quarterly meetings with heads of law enforcement agencies and otherwise work with law enforcement agencies and the county government to improve matters of policing;

• Appoint civilian members to charging committees and trial boards;

• Receive complaints of police misconduct filed by members of the public; and

• Every quarter, review outcomes of disciplinary matters considered by charging committees.

• Requires the Maryland Police Training and Standards Commission to develop and adopt, by regulation, a model uniform disciplinary matrix for use by each law enforcement agency in the state (Sec. 3–106.A).

• Establishes the Commission has the powers and duties to require, for entrance–level police training and, as determined by the Commission, for in-service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions (Sec. 3–207.a):

• Training in lifesaving techniques, including Cardiopulmonary Resuscitation (CPR);

• Training in the proper level and use of force;;

• Training regarding sensitivity to cultural and gender diversity; and

• Training regarding individuals with physical, intellectual, developmental, and psychiatric disabilities.

• Authorizes the investigating unit of a law enforcement agency to immediately review a complaint by a member of the public alleging police officer misconduct, requiring the following (Sec. 3–109.C):

• An administrative charging committee to review and decide or ask for further review within 30 days of completion of the investigating unit’s review; and

• The process of review by the investigating unit through disposition by the administrative charging committee to be completed within 1 year and 1 day after the filing of a complaint by a citizen.

• Prohibits a police officer from being discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against or threatened regarding the police officer’s employment because the police officer (Sec. 3–111.A):

• Disclosed information that evidences:

• Mismanagement;

• A waste of government resources;

• A danger to public health or safety; or

• A violation of law or policy committed by another police officer; or

• Lawfully exercised constitutional rights.

• Classifies “lethal force” as the following (Sec. 3–524-6.II):

• The discharge of a firearm at a person;

• A strike to a person’s head, neck, sternum, spine, groin, or kidneys using any hard object;

• A strike to a person’s head against a hard, fixed object;

• A kick or strike to a person’s head using a knee or foot;

• A strike to a person’s throat;

• A knee–drop on the head, neck, or torso of a person in a prone or supine position;

• A maneuver that restricts blood or oxygen flow to the brain, including chokeholds, strangleholds, neck restraints, neck holds, and carotid artery restraints;

• Any contact with the neck that may inhibit breathing or blood flow, or that applies pressure to the front, side, or back of the neck;

• The discharge of a less–lethal kinetic impact projectile launcher at a person’s head, neck, chest, or back; and

• More than one discharge of an electronic control device on a person.

• Requires a police officer to cease the use of force as soon as (Sec. 3–524.C.III):

• The person on whom force is used:

• Is under the police officer’s control; or

• No longer poses an imminent threat of physical injury or death to the police officer or another person; or

• The police officer determines that force will no longer accomplish, or is no longer reasonable and proportional to accomplish, a legitimate law enforcement objective.

Full Bill Text