LEOBR Law Changes

April 16, 2014

On Monday April 14, 2014, two important pieces of legislation affecting the lives and careers of Maryland law enforcement officers were signed into law by the Governor.  Senate Bill 436 – Exclusion of Evidence, sponsored by Senator Frosh, adds a provision to section 3-105 of the LEOBR.  The new provision, paragraph (C) allows a judge to exclude any evidence obtained in violation of any right granted by the LEOBR. 

The second, House Bill 598 – Disclosures- Punitive Action, sponsored by Delegate Dumais, adds a new section, 3-106.1 to the LEOBR.  This section provides a protection for officers who, for one reason or another, may have to have a disclosure made by the State’s Attorney to the defense to comply with Maryland disclosure rules.  In some jurisdictions, Chiefs and Sheriffs have terminated officers simply because a disclosure had to be made by the State’s Attorney.  This would occur even if the officer was found “not sustained” by Internal Affairs or “not guilty by a hearing board.  This addition to the LEOBR would prevent a Chief or Sheriff from taking punitive action in those instances.

Both Laws take effect on October1, 2014

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