(a) Definitions. As used in this Section:
Department means the Montgomery County Department of Police.
Law enforcement agency means a government agency charged with enforcing Federal, State, or County law.
Officer involved death means the death of an individual resulting from an action by a police officer or while the individual is in police custody.
Police officer means a sworn officer employed by the County Department of Police.
State’s Attorney means the State’s Attorney for Montgomery County.
(b) Independent investigation required. Except as provided in subsection (f), the Executive must ensure that an independent investigation is performed for each officer involved death. The independent investigation must be led by at least 2 sworn independent investigators:
(1) who are not employed by the County or the State’s Attorney;
(2) who have significant experience and expertise in conducting homicide and law enforcement officer use of force investigations; and
(A) local law enforcement agency located outside of the County;
(B) Federal law enforcement agency; or
(C) State law enforcement agency.
(c) Report. The independent investigators must submit a final written report to the State’s Attorney.
(d) Publication of the investigation report.
(1) Except as provided in paragraph (2), the written report must be released to the public to the extent permitted by law:
(A) if no criminal charges are filed against the police officer; or
(B) after the conclusion of any criminal case against the police officer.
(2) The custodian of the report may deny inspection of any part of the written report if it would:
(A) interfere with a valid and proper law enforcement proceeding;
(B) deprive a person of a right to a fair trial or an impartial adjudication;
(C) constitute an unwarranted invasion of personal privacy;
(D) disclose the identity of a confidential source;
(E) disclose an investigative technique or procedure;
(F) prejudice an investigation; or
(G) endanger the life or physical safety of an individual.
(3) This subsection must apply to a written investigation report prepared by the independent investigators or a report prepared by the Department if the Executive is unable to obtain an independent investigation.
(e) Internal investigation. This Section must not be interpreted to prohibit:
(1) an internal administrative review of the incident by the Department for possible discipline of a police officer pursuant to the Law Enforcement Officers’ Bill of Rights, MD Public Safety Code, §§3-101 to 3-113, as amended or;
(A) responding to the crime scene to perform routine police duties to protect members of the public and members of the Department; or
(B) providing support and assistance to the independent investigators leading the investigation as requested by the independent investigators.
(f) Reporting. If, after making good faith efforts, the Executive is unable to enter into an agreement with another law enforcement agency to perform the required independent investigation, the Executive must submit:
(1) a report to the Council on or before January 1, 2020:
(A) explaining all efforts made to secure an agreement with another law enforcement agency; and
(B) recommending changes to the law to support its goals; and
(2) updates to the Council every 90 days beginning on April 1, 2020 explaining continuing efforts to secure an agreement. (, §1.)
Editor’s note—, §2, states: Effective Date. This Act must take effect on January 1, 2020. The amendments in Section 1 must apply to each officer involved death occurring after the Act takes effect.
