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*sb0346*
SENATE BILL 346
D3 (6lr2224)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senators Waldstreicher and Smith , Smith, Augustine, Feldman,
Hettleman, Kagan, King, Lam, and Love
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his a pproval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Civil Actions – Violation of Constitutional Rights 2
(No Kings Act) 3
FOR the purpose of establishing certain civil liability for an individual who, under color of 4
law, deprives another , or causes or allows another to be deprived, of a right, a 5
privilege, or an immunity secured by the U.S. Constitution or the laws of the United 6
States; and generally relating to civil liability for the deprivation of Constitutional 7
rights. 8
BY adding to 9
Article – Courts and Judicial Proceedings 10
Section 3 –2701 and 3 –2702 to be under the new subtitle “Subtitle 27. Action for 11
Deprivation of Constitutional Rights” 12
Annotated Code of Maryland 13
2 SENATE BILL 346
(2020 Replacement Volume and 2025 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Courts and Judicial Proceedings 4
SUBTITLE 27. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS. 5
3–2701. 6
IN THIS SUBTITLE, (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE 7
MEANINGS INDICATED. 8
(B) (1) “COVERED OFFICER ” MEANS, EXCEPT AS PROVIDED I N 9
PARAGRAPH (2) OF THIS SUBSECTION, AN OFFICER WHO MAY: 10
(I) MAKE AN ARREST WITH O R WITHOUT A WARRANT FOR 11
VIOLATIONS OF THE UNITED STATES CODE; AND 12
(II) CARRY FIREARMS IN THE PERFORMANCE OF THE OFFICER’S 13
DUTIES. 14
(2) “COVERED OFFICER” DOES NOT INCLUDE A L AW ENFORCEMENT 15
OFFICER, AS DEFINED IN § 1–101 OF THE PUBLIC SAFETY ARTICLE, ACTING UNDER 16
THE AUTHORITY OF A JOINT TASK FORCE THAT PRIMARILY ENFORCES THE UNITED 17
STATES CODE. 18
(C) “LAW LAW” INCLUDES: 19
(1) THE U.S. CONSTITUTION; AND 20
(2) THE MARYLAND DECLARATION OF RIGHTS; 21
(3) THE MARYLAND CONSTITUTION; 22
(4) (2) THE LAWS OF THE UNITED STATES; AND. 23
(5) THE LAWS OF MARYLAND. 24
3–2702. 25
(A) (1) AN AGGRIEVED PARTY OR THE OFFICE OF THE ATTORNEY 26
GENERAL MAY BRING AN ACTION AGAINST AN INDIVIDUAL A COVERED OFFICER 27
SENATE BILL 346 3
WHO, UNDER COLOR OF LAW , DEPRIVES THE AGGRIEV ED PARTY OR CAUSES OR 1
ALLOWS THE AGGRIEVED PARTY TO BE DEPRIVED OR CAUSES OR ALLOWS THE 2
AGGRIEVED PARTY TO B E DEPRIVED OF A RIGHT , A PRIVILEGE, OR AN IMMUNITY 3
SECURED BY THE U.S. CONSTITUTION UNDER THE LAW. 4
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, IN AN ACTION 5
UNDER THIS SECTION, AN AGGRIEVED PARTY AN AGGRIEVED PARTY OR THE OFFICE 6
OF THE ATTORNEY GENERAL MAY SEEK DAMAGES AND DECLARATORY AND 7
INJUNCTIVE RELIEF IN AN ACTION BROUGHT UNDER THIS SECTION. 8
(3) IN AN ACTION UNDER TH IS SECTION AGAINST A JUDICIAL 9
OFFICER, INJUNCTIVE RELIEF IS AVAILABLE ONLY IF A DECLARATORY JUDGMENT 10
IS VIOLATED OR DECLARATORY RELIEF IS UNAVAILABLE. 11
(B) (1) A DEFENDANT IN AN ACTION UNDER THIS SECTION MAY ASSERT A 12
DEFENSE OF A BSOLUTE OR QUALIFIED IMMUNITY TO THE SAME EXTENT AS A 13
PERSON SUED UNDER 42 U.S.C. § 1983 UNDER LIKE CIRCUMSTANCES. 14
(2) THIS SECTION MAY NOT BE CONSTRUED TO WAIVE OR ABROGATE 15
ANY DEFENSE OF SOVEREIGN IMMUNITY OTHERWISE AVAILABLE A DEFENDANT IN 16
AN ACTION UNDER THIS SECTION M AY ASSERT ANY DEFENS E OF IMMUNITY THAT 17
WAS AVAILABLE AT THE TIME THE CAUSE OF ACTION ACCRUED. 18
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 19
COURT MAY AWARD REAS ONABLE FEES AND COST S, INCLUDING ATTORNEY’S FEES 20
AND EXPERT WITNESS FEES, TO A PREVAILING PLAINTIFF UNDER THIS SECTION. 21
(2) A COURT MAY NOT AWARD FEES OR COSTS UNDER THIS SECTION 22
AGAINST A JUDICIAL O FFICER UNLESS THE JU DICIAL OFFICER ACTED CLEARLY IN 23
EXCESS OF THE JUDICI AL OFFICER ’S JURISDICTION A COURT MAY AWARD 24
REASONABLE FEES AND COSTS, INCLUDING ATTORNEY’S FEES AND EXPERT WITNESS 25
FEES, TO A PREVAILING PLAINTIFF UNDER THIS SECTION. 26
(D) AN ACTION UNDER THIS SECTION SHALL BE FIL ED WITHIN 3 YEARS 27
AFTER THE CAUSE OF ACTION ACCRUES 28
(1) AN ACTION UNDER THIS SECTION SHALL B E FILED WITHIN 5 29
YEARS AFTER THE CAUSE OF ACTION ACCRUED. 30
(2) THIS SECTION MAY NOT BE CONSTRUED TO ABROGATE: 31
4 SENATE BILL 346
(I) ANY STATE OR LOCAL GOVERN MENT LIABILITY UNDER 1
STATE OR COMMON LAW F OR THE ACTIONS OF STATE OR LOCAL GOVERN MENT 2
EMPLOYEES; OR 3
(II) ANY STATUTORY WAIVER OF ANY DEFENSE , INCLUDING 4
IMMUNITY. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to any 6
civil action pending on the effective date of this Act. 7
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026 9
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 10
the application of any provision of this Act to any person or circumstance is held invalid for 11
any reason in a court of competent juris diction, the invalidity does not affect other 12
provisions or any other application of this Act that can be given effect without the invalid 13
provision or application, and for this purpose the provisions of this Act are declared 14
severable. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.