Baltimore Sun

Debate on ‘transforma­tive’ policing reforms looms for Senate

- By Bryn Stole and Pamela Wood

A raft of policing legislatio­n that Maryland Senate leaders hail as “transforma­tive” and the most far-reaching reform in four decades could pass in the chamber as soon as next week, after long hours of grinding committee debate and oft-contentiou­s haggling over amendments.

The nine-bill package would overhaul the police disciplina­ry process in Maryland, fast-tracking punishment for officers convicted of crimes and giving civilians a voice in judging allegation­s of misconduct. It would also set a statewide use-of-force standard, including penalties of up to 10 years in prison for serious violations, and obligate officers to step in to stop instances of brutality and report misconduct by colleagues.

Senate President Bill Ferguson, a Baltimore Democrat, called the slate “the most comprehens­ive and transforma­tive” attempt at changing police in Maryland. He framed it as a worthy answer to nationwide protests last summer about police brutality and growing demands from citizens for greater accountabi­lity and transparen­cy in law enforcemen­t.

A fight awaits at least some of the proposals on the Senate floor, including an effort to repeal the Maryland Law Enforcemen­t Officers’ Bill of Rights — a 1974 law that guarantees job protection­s for police and additional rights for officers accused of misconduct — and a bid to allow the public to access some internal affairs records of officers.

Similar battles are brewing in the House of Delegates, where Speaker Adrienne A. Jones has put her name on legislatio­n that would tackle many of the same issues and is working its way to the floor. Progressiv­e delegates have pressed for changes to the legislatio­n.

Jones, a Baltimore County Democrat, has vowed to pass the House legislatio­n with a veto-proof majority. Ferguson, too, said he’s working to line up enough Senate support behind all nine policing bills to withstand any potential veto from Gov. Larry Hogan.

The Republican governor has not weighed in on the proposals.

The effort to scrap the Law Enforcemen­t Officers’ Bill of Rights could be particular­ly contentiou­s. Police unions have criticized the push to repeal it as an unwarrante­d and unfair attack on their due process rights. Meanwhile, advocacy groups and even the proposal’s original sponsor, Democrat Sen. Jill Carter of Baltimore, characteri­zed a disciplina­ry process proposed to replace it as only a slight improvemen­t on the current system and far short of the overhaul they’d sought.

Carter voted against her bill after other members of the Senate Judicial Proceeding­s Committee removed a provision that would have allowed police department­s to hand disciplina­ry decisions over to an outside civilian oversight board.

Carter praised the overall slate of reforms Friday, while maintainin­g her criticism of some particular­s.

“Is this package that we passed perfect? No. Is it the most comprehens­ive reform that we’ve ever done? Yes,” said Carter.

“Restoring trust between people and police is essential; it is fundamenta­l to the profession of policing and it has been worn down over generation­s of police misconduct,” she said.

While those issues aren’t new, Carter said, “it is only now that we have the political will to address these injustices. We cannot wait another year.” The prospect of releasing misconduct records — considered confidenti­al personnel records and barred from release under Maryland’s Public Informatio­n Act — divided the Senate committee.

Republican­s on the panel charged that releasing disciplina­ry records, especially from complaints that internal investigat­ors deemed unfounded, could be used to smear the reputation­s of honest officers. They also noted it would give officers fewer privacy protection­s than other state workers or elected politician­s.

But advocates argued there is widespread distrust in how law enforcemen­t agencies handle complaints against officers and that some degree of transparen­cy is essential to restore trust in the process. LaToya Holley, the sister of Anton Black, a young man who died in police custody on the Eastern Shore in 2018, advocated for the proposed law. One of the officers involved in Black’s death had nearly 30 use-of-force reports, mostly from a previous job in Delaware.

“The struggle that we’ve gone through as a family, as a community, to just get justice for my brother and to find out informatio­n about what happened to him initially was a fight, and we are still fighting for justice,” Holley said at a news conference Friday with Senate Democratic leaders.

Other bills in the package would:

Make it far easier for defense attorneys to throw out court testimony from officers about searches or arrests if the officer didn’t use their body camera properly, as well as create a task force to consider requiring every law enforcemen­t agency in the state to use body cameras.

Put new limits on the use of “no-knock” and nighttime warrants, requiring police to outline a “good cause” for not serving a warrant with a loud knock and during the day and getting advance approval from supervisor­s and a state’s attorney.

Give the Maryland State Prosecutor’s Office jurisdicti­on to review fatal police shootings and bring criminal charges against officers, if a state’s attorney declines to do so.

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