HB 1035
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1035 (Delegate Atterbeary)
Judiciary
State Government – Attorney General – Independent Law Enforcement
Prosecution Unit
This bill establishes an Independent Law Enforcement Prosecution Unit in the Office of
the Attorney General (OAG). The unit’s purpose is to (1) investigate each incident
involving a shooting by a police officer or other use of physical force by a police officer
that results in death and (2) if sufficient grounds exist for the prosecution of criminal
conduct, prosecute the police officer involved. Beginning in fiscal 2023, the Governor must
include an appropriation of at least $5.0 million annually in the budget bill for the unit. The
bill takes effect July 1, 2021.
Fiscal Summary
State Effect: General fund expenditures increase by a minimum of $843,600 in FY 2022;
future years reflect the bill’s minimum mandated appropriation. Revenues are not affected.
This bill establishes a mandated appropriation beginning in FY 2023.
($ in millions) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 0.8 5.0 5.0 5.0 5.0
Net Effect ($0.8) ($5.0) ($5.0) ($5.0) ($5.0)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: The bill is not anticipated to materially affect local government operations
or finances.
Small Business Effect: None.
 Analysis
Bill Summary:
Independent Law Enforcement Prosecution Unit
A law enforcement agency must notify the unit of any shooting involving a police officer
or other incident involving the use of physical force by a police officer that results in death
as soon as the law enforcement agency becomes aware of the incident. The unit must
investigate each such shooting and incident, and a law enforcement agency must cooperate
with the investigation. On completion of an investigation, the unit must issue a public
report of its findings.
Following an investigation, the unit must also provide a copy of the investigation’s results
to the State’s Attorney for the jurisdiction in which the officer-involved incident occurred.
The unit has the first opportunity to prosecute or decline to prosecute a police officer
involved in an incident; if the unit declines to proceed with a prosecution, the State’s
Attorney may proceed with a prosecution at the discretion of the State’s Attorney.
The bill establishes a mandated appropriation of at least $5.0 million annually for the unit
beginning in fiscal 2023. In cooperation with the Secretary of Budget and Management,
the Attorney General must set minimum salaries, qualifications, and standards of training
and experience for positions within the unit.
The Attorney General may adopt regulations necessary to carry out the bill.
Other Reporting Requirements
Beginning December 1, 2022, and each year thereafter, the unit must report to the
Legislative Policy Committee (LPC) on the number of cases referred to the unit, the
number of cases prosecuted by the unit, the number of cases that the unit declined to
prosecute, the number of cases that the State’s Attorney elected to prosecute, and the
outcome for cases prosecuted by the unit.
By December 1, 2021, the unit must report to LPC on resources needed for the unit to
investigate each shooting or other incident involving the use of physical force by a police
officer that results in serious bodily injury.
Current Law: The Attorney General does not have general authority to prosecute crimes
or issue subpoenas in the absence of specific statutory authority or an executive order.
Prosecutorial and subpoena issuing authority have been granted by statute in certain
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instances, including enforcement and regulation under the Maryland Securities Act and the
Maryland Consumer Protection Act.
State Expenditures: General fund expenditures for OAG increase by a minimum of
$843,639 in fiscal 2022, as discussed below. Beginning in fiscal 2023, general fund
expenditures increase by $5.0 million annually, which reflects the minimum mandated
appropriation established in the bill.
OAG estimates that the bill necessitates 26 additional staff (3 chief/lead investigators,
12 administrators/investigators, 6 assistant attorneys general, 1 principal counsel,
1 division director (assumed to be an attorney), and 3 support-related positions).
General fund expenditures associated with these positions are estimated at approximately
$2.8 million in fiscal 2022 (which accounts for a 90-day start-up delay), increasing to
almost $3.7 million in fiscal 2026. As such, beginning in fiscal 2023, OAG’s estimated
expenditures would be covered by the bill’s mandated appropriation of at least $5.0 million
annually.
The Department of Legislative Services (DLS) advises, however, that the volume of cases
anticipated under the bill is unlikely to require staffing of the magnitude reported by OAG.
For instance, according to a 2020 report from the Governor’s Office of Crime Prevention,
Youth, and Victim Services, in calendar 2019, there were a total of 31 civilian deaths
involving a law enforcement officer in Maryland. Of the 31 deaths, the Medical Examiner’s
Office classified 18 as homicide by law enforcement, 5 as suicide, 7 as accidental, and 1 from
overdose. All 18 homicides by law enforcement involved the fatal shooting of the individual.
According to the prior year’s report, in calendar 2018, there were a total of 31 cases of
civilian deaths involving law enforcement officers from 14 law enforcement agencies in
Maryland. Of the 31 deaths, the medical examiner’s office classified 14 as homicide by
law enforcement, 7 as suicide, 8 as accidental, 1 as from natural causes, and 1 from overdose.
All 14 homicides by law enforcement involved the fatal shooting of the individual.
Assuming that these numbers remain relatively constant, fewer than 30 cases would be
investigated by OAG each year. The report cited above captures all officer-involved deaths,
some of which do not involve a shooting or any use of physical force by an officer and
would therefore not be affected by the new procedures set forth in the bill. The staffing
estimate provided by OAG, which included 15 investigator-related positions, would
therefore equate to each investigator/administrator handling fewer than 2 to 3 cases per
year, with 3 senior investigators also available to assist. Although information regarding
average caseloads for similar positions in law enforcement agencies/State’s Attorneys’
offices is not readily available, for purposes of this analysis it is assumed that the average
investigator handles more than 2 or 3 cases per year in these offices.
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Although the bill requires OAG to investigate all shooting/use of force cases that result in
death, it is unlikely that all of the cases investigated will result in prosecution. Consistent
with case trends in prior years, it is likely that some of the deaths investigated will be
determined to be the result of something other than criminal conduct for which sufficient
grounds exist for prosecution. As evidenced in the reports cited above, fewer than 20 cases
investigated in each of the years were deemed to be a homicide. Even if approximately
20 cases investigated per year result in a prosecution by OAG, DLS advises that
eight attorneys are not required to prosecute 20 homicide cases annually (and/or provide
legal support for the investigations).
DLS acknowledges that the cases to be investigated and potentially prosecuted under the
bill by OAG are complex and require significant resources. Furthermore, the limited case
volume and the continued authority for local State’s Attorneys to potentially prosecute the
cases present their own challenges from a budgetary and administrative standpoint. For
example, OAG will be responsible for investigating (and authorized to prosecute) cases
statewide, potentially causing operational difficulties in appropriately directing resources
around the State in the manner necessary to facilitate prompt investigations when incidents
occur and ensuring availability for potential prosecutions resulting from the investigations.
Accordingly, while DLS does not agree that staffing of the magnitude estimated by OAG
is necessary, it does recognize these challenges along with the fact that case trends each
year, the circumstances of the cases, and actual experience under the structure envisioned
by the bill will impact expenditures in a way that cannot be comprehensively estimated
beforehand. However, even based upon OAG’s own estimate, and an assumption that OAG
will generally use the opportunity it is afforded and prosecute all appropriate cases, the
bill’s minimum mandated appropriation of $5.0 million annually beginning in fiscal 2023
is sufficient to cover anticipated expenditures.
Because the bill takes effect prior to the mandated funding, DLS advises that at a minimum,
costs are incurred in fiscal 2022 for OAG to hire three attorneys (including one designated
as the division director), four investigators, and a support/administrative position.
Accordingly, general fund expenditures increase by a minimum of $843,639 in fiscal 2022,
which reflects a 90-day start-up delay. It includes salaries, fringe benefits, one-time start-up
costs, and ongoing operating expenses. Because the bill takes effect July 1, 2021, to the
extent that positions are filled sooner, costs increase accordingly.
Positions 8.0
Salaries and Fringe Benefits $785,864
Operating Expenses 57,775
Minimum FY 2022 State Expenditures $843,639
HB 1035/ Page 4
This estimate does not include expenditures for any vehicles or related expenses that may
be necessary for staff to travel to locations for the investigation/prosecution of a law
enforcement-involved death.
Future year expenditures reflect the minimum mandated appropriation ($5.0 million
annually), which is sufficient to cover the full salaries (with annual increases and employee
turnover) and ongoing operating expenses of the staff hired in fiscal 2022 as well as any
additional staff that may be necessary.
Additional Comments: Although OAG did submit an alternate estimate for fewer
investigators (3 total, instead of 15) if assistance from the Department of State Police (DSP)
was available, for purposes of this analysis it is assumed that staff within OAG is primarily
responsible for all investigations (with cooperation from the reporting law enforcement
agency), particularly since OAG could conceivably have to investigate cases involving
DSP. Therefore, this analysis is focused on OAG’s estimate that did not factor in additional
help from DSP.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Office of the Attorney General; Judiciary (Administrative Office
of the Courts); Office of the Public Defender; Morgan State University; Comptroller’s
Office; Department of Budget and Management; Department of Natural Resources;
Department of Public Safety and Correctional Services; Maryland Department of Health;
Maryland Department of Transportation; Prince George’s County; City of Bowie;
Department of Legislative Services
Fiscal Note History: First Reader - February 14, 2021
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Analysis by: Tyler Allard Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1035/ Page 5


Statutes affected:
Text - First - State Government – Attorney General – Independent Law Enforcement Prosecution Unit: 3-523 State Government, 3-201 State Government, 6-601 State Government, 6-602 State Government, 6-603 State Government, 6-604 State Government, 6-605 State Government, 21-257 State Government, 6-606 State Government, 2-021 State Government, 21-257 State Government