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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0550*
HOUSE BILL 550
D3 EMERGENCY BILL 6lr2517
By: Delegate Martinez
Introduced and read first time: January 27, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Violation of Constitutional Rights 2
(No Kings Act) 3
FOR the purpose of establishing certain civil liability for a federal law enforcement officer 4
who, under color of law, deprives another of a right, a privileg e, or an immunity 5
secured by the U.S. Constitution; applying this Act retroactively ; and generally 6
relating to civil liability for the deprivation of Constitutional rights. 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 3 –2701 and 3–2702 to be under the new subtitle “Subtitle 27. Action for 10
Deprivation of Constitutional Rights” 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
SUBTITLE 27. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS. 17
3–2701. 18
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) “FEDERAL LAW ENFORCEME NT OFFICER” MEANS AN OFFICER WHO 21
MAY: 22
2 HOUSE BILL 550
(1) MAKE AN ARREST WITH O R WITHOUT A WARRANT FOR 1
VIOLATIONS OF THE UNITED STATES CODE; AND 2
(2) CARRY FIREARMS IN THE PERFORMANCE OF THE O FFICER’S 3
DUTIES. 4
(C) “LAW” INCLUDES: 5
(1) THE U.S. CONSTITUTION; 6
(2) THE MARYLAND DECLARATION OF RIGHTS; 7
(3) THE MARYLAND CONSTITUTION; 8
(4) THE LAWS OF THE UNITED STATES; AND 9
(5) THE LAWS OF MARYLAND. 10
3–2702. 11
(A) AN AGGRIEVED PARTY MAY BRING AN ACTION AGAINST A FEDERAL LAW 12
ENFORCEMENT OFFICER WHO, UNDER COLOR OF LAW , DEPRIVES THE AGGRIEVED 13
PARTY OR CAUSES OR ALLOWS THE AGGRIEVED PARTY TO BE DEPRIVED OF A RIGHT, 14
A PRIVILEGE, OR AN IMMUNITY SECURED BY THE U.S. CONSTITUTION. 15
(B) (1) A DEFENDANT IN AN ACTION UNDER THIS SECTION MAY ASSERT A 16
DEFENSE OF ABSOLUTE OR QUALIFIED IMMUN ITY TO THE SAME EXTE NT AS A 17
PERSON SUED UNDER 42 U.S.C. § 1983 UNDER LIKE CIRCUMSTANCES. 18
(2) THIS SECTION MAY NOT BE CONSTRUED TO WAIVE OR ABROGATE 19
ANY DEFENSE OF SOVEREIGN IMMUNITY OTHERWISE AVAILABLE. 20
(C) A COURT MAY AWARD REAS ONABLE FEES AND COST S, INCLUDING 21
ATTORNEY’S FEES AND EXPERT WITNESS FEES, TO A PREVAILING PLAINTIFF UNDER 22
THIS SECTION. 23
(D) AN ACTION UNDER THIS SECTION SHALL BE FIL ED WITHIN 5 YEARS 24
AFTER THE CAUSE OF ACTION ACCRUES. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 26
apply retroactively and shall be applied to and interpreted to affect any cause of action 27
arising on or after March 1, 2025, and to any civil action pending on the date this Act 28
becomes effective. 29
HOUSE BILL 550 3
SECTION 3. AND BE IT FURTHER ENACTED, T hat this Act is an emergency 1
measure, is necessary for the immediate preservation of the public health or safety, has 2
been passed by a yea and nay vote supported by three –fifths of all the members elected to 3
each of the two Houses of the General Assembly, and shall take effect from the date it is 4
enacted. 5