A series of legislation aimed at police reform has reached the floor of the Maryland Senate. The nine-bill package, which will be debated on the floor starting today, would overhaul the police disciplinary process in Maryland, as it seeks to speed up the disciplinary process, allow citizens to participate in the judging of misconduct, and set a statewide use-of-force standard. After over six months of discussion and extensive work by the Senate Judicial Proceedings Committee, Senate Democratic leaders are urging its passage. As reported in Maryland Matters,
“The goal here is not to punish individual officers. This is about establishing true accountability, transparency and trust in the system of policing,” Senate President Bill Ferguson (D-Baltimore City) said at a Friday morning news conference.
“Here’s what we know: Right now, there is consensus that recent examples of racial disparities in policing, disproportionate rates of use of force, and excessive police brutality have proven that change is necessary; There is consensus that the current system of policing makes all of us less safe; And there is consensus that marginal change around the edges will not be sufficient to truly restore trust, accountability and transparency in law enforcement,” he explained. “That’s why we’re here today.”
Chair of the Judicial Proceedings Committee, Senator Will Smith said,
“In my time serving as chair of the Judicial Proceedings Committee, this has been some of the most important work that I’ve had the honor to work on,” he professed. “We cannot claim to be a state that serves, welcomes and sees [the] humanity of all people regardless of their race, ethnicity, ability or zip code if our system of policing and criminal justice do not pass muster.”
Senator Charles Sydnor stated,
“While we can’t fix long-standing problems of inequitable policing overnight, I do believe the package of bills that we’re putting forth puts us on the right path”.
As it now stands, the package seeks to:
- Repeal and replace the Law Enforcement Officer’s Bill of Rights
- Establish a statewide use of force statute
- Limit the use of no-knock warrants
- Mandate the use body-worn cameras for all law enforcement agencies
- Implement independent investigations for police incidents that result in civilian fatalities
- Make certain officer disciplinary and misconduct records available for public inspection, and
- Establish a civilian-inclusive hearing board
One of the most contentious facets of the package is its effort to repeal the long-standing Law Enforcement Officer’s Bill of Rights. Previous attempts to repeal the LEOBR were largely unsuccessful, but this year the momentum has grown substantially, though there were still disagreements over what the LEOBR would be replaced with. Senator Jill P. Carter sponsored the initial proposal which would have eliminated police trial boards and allotted more disciplinary power to chiefs and sheriffs; however, the measure was soon altered to eliminate civilian oversight boards and include amendments that would restrict income/property disclosures, prohibit agencies from denying officers the right to file a lawsuit for incidents that arise while on duty, and keep formal complaints from being admissible in court under certain circumstances.
Though initially expressing her displeasure at the changes made, Senator Jill Carter ultimately urged the legislation’s passing, saying that
“This is a body of diversity ― of diverse views, and you have to take into account multiple considerations…and so, all of that being said, as a whole, the package is something that I think will help protect and save human life, and so for those reasons I support the package.”
The nine-bill package includes the following bills: SB 71, SB 74, SB 178, SB 419, SB 599, SB 600, SB 626, SB 627, SB 786.
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