Courts and Judicial Proceedings - Charging Documents - Law Enforcement Officers

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0716*

SENATE BILL 716
D1 6lr2430

By: Senator Folden
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Courts and Judicial Proceedings – Charging Documents – Law Enforcement 2
Officers 3

FOR the purpose of altering a provision of law relating to charging a law enforcement officer 4
with a crime to include a special police officer for the Maryl and Judiciary ; and 5
generally relating to charging documents against law enforcement officers. 6

BY repealing and reenacting, without amendments, 7
Article – Courts and Judicial Proceedings 8
Section 2–608(a)(1) and (b) through (e) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2025 Supplement) 11

BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 2–608(a)(10) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Courts and Judicial Proceedings 19

2–608. 20

(a) (1) In this section the following words have the meanings indicated. 21

(10) “Law enforcement officer” means: 22

2 SENATE BILL 716

(i) A law enforcement officer as defined in § 1 –101 of the Public 1
Safety Article; 2

(ii) The Police Commissioner of Baltimore City; 3

(iii) An individual who serves at the pleasure of the Police 4
Commissioner of Baltimore City; 5

(iv) The police chief of a county law enforcement agency; 6

(v) The police chief of a municipal corporation; 7

(vi) The police chief or superintendent of a State law enforcement 8
agency; 9

(vii) The sheriff of a county; 10

(viii) An officer who is on probatio nary status on initial entry into a 11
law enforcement agency; 12

(ix) A correctional officer as defined in § 8 –201 of the Correctional 13
Services Article; [or] 14

(x) Any federal law enforcement officer who exercises the powers set 15
forth in § 2–104 of the Criminal Procedure Article; OR 16

(XI) A SPECIAL POLICE OFFIC ER FOR THE MARYLAND 17
JUDICIARY, COMMISSIONED UNDER TITLE 3, SUBTITLE 3 OF THE PUBLIC SAFETY 18
ARTICLE. 19

(b) An application filed in the District Court that requests that a statement of 20
charges be filed against a law enforcement officer, emergency services personnel, an adult 21
protective services worker, a child welfare caseworker, or an educator for an offense 22
allegedly committed in the course of executing the duties of the law enforcement officer, 23
emergency services personnel, adult protective services worker, child welfare caseworker, 24
or educator shall immediately be forwarded to the State’s Attorney. 25

(c) (1) Upon receiving an application filed in District Court requesting that a 26
statement of cha rges be filed against a law enforcement officer, emergency services 27
personnel, an adult protective services worker, a child welfare caseworker, or an educator, 28
the State’s Attorney shall: 29

(i) Investigate the circumstances of the matter; and 30

(ii) Make a recommendation to the District Court Commissioner as 31
to whether a statement of charges should be filed against the law enforcement officer, 32
SENATE BILL 716 3

emergency services personnel, adult protective services worker, child welfare caseworker, 1
or the educator. 2

(2) If the State’s Attorney recommends to a District Court Commissioner 3
that a statement of charges be filed against a law enforcement officer, emergency services 4
personnel, an adult protective services worker, a child welfare caseworker, or an educator, 5
the State’s Attorney shall also make a recommendation as to whether a summons or 6
warrant should issue. 7

(d) Notwithstanding any other provision of the Code or the Maryland Rules, a 8
statement of charges for an offense allegedly committed in the course of executing the 9
duties of the law enforcement officer, emergency services personnel, adult protective 10
services worker, child welfare caseworker, or the educator may not be filed against a law 11
enforcement officer, emergency services personnel, an adult protec tive services worker, a 12
child welfare caseworker, or educator until the State’s Attorney has investigated the 13
circumstances of the matter and made recommendations to the District Court 14
Commissioner in accordance with subsection (c) of this section. 15

(e) This section may not be construed to preclude the State’s Attorney from 16
making a determination that an information should be filed against a law enforcement 17
officer, emergency services personnel, an adult protective services worker, a child welfare 18
caseworker, or an educator or that a grand jury should be convened to determine whether 19
an indictment should be filed. 20

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22