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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0746*
SENATE BILL 746
E4 6lr3480
By: Senator McKay
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Police Discipline – Municipal Law Enforcement Agencies – Suspension Pending 2
Appeal of Trial Board Decision 3
FOR the purpose of authorizing the chief of a law enforcement agency serving a 4
municipality to suspend a police officer without pay during the pendency of a certain 5
appeal; providing that a police officer who was suspended without pay in accordance 6
with this Act is entitled to receive certain back pay if the officer prevails on appeal; 7
and generally relating to police discipline. 8
BY repealing and reenacting, with amendments, 9
Article – Public Safety 10
Section 3–107 11
Annotated Code of Maryland 12
(2022 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 – Public Safety 16
3–107. 17
(a) (1) Pending an investigatory, administrative charging committee, and trial 18
board process, the chief may impose an emergency suspension with or without pay if the 19
chief determines that such a suspension is in the best interest of the public. 20
(2) An emergency suspension without pay under this subsection may not 21
exceed 30 days. 22
(3) A police officer who is suspended without pay under this subsection is 23
entitled to receive back pay if an administrative cha rging committee determines not to 24
2 SENATE BILL 746
administratively charge the police officer in connection with the matter on which the 1
suspension is based. 2
(b) (1) A chief or a chief’s designee may suspend a police officer without pay 3
and suspend the police officer’s police powers on an emergency basis if the police officer is 4
charged with: 5
(i) a disqualifying crime, as defined in § 5–101 of this article; 6
(ii) a misdemeanor committed in the performance of duties as a 7
police officer; or 8
(iii) a misdemeanor in volving dishonesty, fraud, theft, or 9
misrepresentation. 10
(2) A police officer who was suspended without pay under this subsection 11
is entitled to receive back pay if the criminal charge or charges against the police officer 12
result in: 13
(i) a finding of not guilty; 14
(ii) an acquittal; 15
(iii) a dismissal; or 16
(iv) a nolle prosequi. 17
(C) (1) THE CHIEF OF A LAW EN FORCEMENT AGENCY SER VING A 18
MUNICIPALITY MAY SUS PEND A POLICE OFFICE R WITHOUT PAY DURING THE 19
PENDENCY OF AN APPEAL FROM THE DECISION OF A TRIAL BOARD UNDER § 3–106 20
OF THIS SUBTITLE. 21
(2) A POLICE OFFICER WHO W AS SUSPENDED WITHOUT PAY UNDER 22
THIS SUBSECTION IS E NTITLED TO RECEIVE FULL BACK PAY IF THE OFFI CER 23
PREVAILS ON APPEAL. 24
[(c)] (D) (1) The chief shall terminate the employment of a police officer who 25
is convicted of a felony. 26
(2) The chief may terminate the employment of a police officer who: 27
(i) receives a probation before judgment for a felony; or 28
(ii) is convicted of: 29
SENATE BILL 746 3
1. a misdemeanor committed in the performance of duties as 1
a police officer; 2
2. misdemeanor second degree assault; or 3
3. a misdemeanor involving dishonesty, fraud, theft, or 4
misrepresentation. 5
[(d)] (E) (1) In connection with a disciplinary matter under this subtitle, a 6
police officer may be required to submit to blood alcohol tests, blood, breath, or urine tests 7
for controlled dangerous substances, polygraph examinations, or interrogations that 8
specifically relate to the subject matter of the investigation. 9
(2) If a police officer is requ ired to submit to a test, examination, or 10
interrogation under paragraph (1) of this subsection and the police officer refuses to do so, 11
the law enforcement agency may commence an action that may lead to a punitive measure 12
as a result of the refusal. 13
(3) (i) If a police officer is required to submit to a test, examination, or 14
interrogation under paragraph (1) of this subsection, the results of the test, examination, 15
or interrogation are not admissible or discoverable in a criminal proceeding against the 16
police officer. 17
(ii) If a police officer is required to submit to a polygraph 18
examination under paragraph (1) of this subsection, the results of the polygraph 19
examination are not admissible or discoverable in a criminal or civil proceeding against the 20
police officer. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026. 23