§ (71). Commission to Restore Trust in Policing.

(a) Definitions.

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

(2) "Commission" means the Commission to Restore Trust in Policing.

(3) "Police Department" means the Baltimore Police Department.

(4) "Task Force" means the Baltimore Police Department's Gun Trace Task Force.

(b) Commission established.

There is a Commission to Restore Trust in Policing.

(1) The Commission consists of the following members:

(i) two individuals appointed by the President of the Senate;

(ii) two individuals appointed by the Speaker of the House; and

(iii) two individuals appointed by the Governor.

(2) Four members of the Commission shall possesses a Juris Doctor and have litigation experience.

(3) Three members of the Commission shall be Baltimore City residents.

(d) Chair.

The Governor, the President of the Senate, and the Speaker of the House shall jointly appoint and designate the Chair of the Commission.

(e) Staff.

The Department of Legislative Services shall provide staff for the Commission.

(f) Compensation; Expenses.

A member of the Commission:

(1) may not receive compensation as a member of the Commission; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) Duties.

The Commission shall:

(1) review the operation of the Task Force, including:

(i) the Task Force's establishment, personnel, and oversight;

(ii) investigations and cases handled by the Task Force;

(iii) any federal criminal investigations and cases relating to the Task Force and its members; and

(iv) any violations of existing departmental policies and procedures related to the conduct of the Task Force;

(2) utilize various methods of investigation and information gathering, including reviewing of transcripts or other sworn testimony, collecting and analyzing documents, interviewing of witnesses through subpoena or other means, and any other reasonable means;

(3) with consideration of the Commission's findings and the 2017 Federal Consent Decree between Baltimore City, the Police Department, and the U.S. Department of Justice, make recommendations regarding:

(i) whether a reorganization of the Police Department is warranted and, if so, options for reorganization;

(ii) best practices regarding the establishment and oversight of specialized units, similar to the Task Force, within law enforcement agencies;

(iii) Ongoing State and City oversight of the Police Department;

(iv) whether there exist any legal impediments to the Police Department effectively managing and disciplining sworn officers; and

(v) any other matters relating to the Commission's findings.

(h) Public information; exceptions.

(1) Except as provided under the Public Information Act and the Open Meetings Act, the proceedings, testimony, and any other evidence before the commission are public information.

(2) Members of the Commission and staff to the Commission may not be required to sign a confidentiality agreement to receive documents or files, including personnel files, properly subpoenaed in accordance with this section.

(i) Hearings.

The Commission may:

(1) conduct hearings;

(2) administer oaths and affirmations;

(3) issue process to compel the attendance of witnesses and the production of evidence; and

(4) require a person to testify and produce evidence.

(j) Subpoenas.

(1) A subpoena may be served in the same manner as one issued by a circuit court.

(2) The Commission may immediately report the failure of a person to obey a lawfully served subpoena to the circuit court of the county having jurisdiction.

(3) The Commission shall provide a copy of the subpoena and proof of service to the circuit court.

(4) After conducting a hearing at which the person who allegedly failed to comply with a subpoena has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.

(k) Right to attorney.

(1) A person may have an attorney present during any contact with the Commission.

(2) The Commission shall advise a person of the right to counsel when a subpoena is served.

(l) Preliminary report.

On or before December 31, 2018, the Commission shall submit a preliminary report of its initial findings, conclusions, and recommendations to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly.

(m) Final report.

On or before December 31, 2020, the Commission shall submit a final report of its findings, conclusions, and recommendations to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly.

(Chs. 459 and 460, Acts of 2019; Ch. 753, Acts of 2018.)

Editor's Notes

The preceding provisions were initially enacted by Section 1 of Chapter 753, Acts of 2018. Section 4 of that Act provided for these provisions to become effective from the date of their enactment – i.e., May 15, 2018. Section 4 further provided that “Section 1 of this Act shall remain effective for a period of 1 year and 8 months and, at the end of 1 year and 8 months from the date of enactment, Section 1 of this Act, with no further action required by the General Assembly, shall be abrogated and of no further force and effect.”

Chapters 459 and 460, Acts of 2019, rewrote subsection (h) of this section and amended subsection (m) to extend by 1 year the due date for the Commission’s final report. These 2019 Acts also amended Section 4 of Chapter 753 to extend its “sunset” provision to “2 years and 8 months” from the date of the original enactment.