SB 43
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 43 (Senators Elfreth and Hettleman)
Judicial Proceedings Judiciary
Criminal Law - Law Enforcement Officers - Prohibition on Sexual Activity
This bill expands the list of individuals a law enforcement officer is statutorily prohibited
from engaging in sexual contact, vaginal intercourse, or a sexual act with to include (1) a
person who is a victim, witness, or suspect in an open investigation that the law
enforcement officer is conducting, supervising, or assisting with if the law enforcement
officer knew or should have known that the person is a victim, witness, or suspect in the
investigation and (2) a person requesting assistance from or responding to the law
enforcement officer in the course of the law enforcement officer’s official duties. These
additional prohibitions do not apply if the officer had a prior existing legal sexual
relationship with the individual and did not act under the color or pretense of office or
under color of official right when seeking consent to the vaginal intercourse, sexual act, or
sexual contact.
Fiscal Summary
State Effect: Potential minimal increase in general fund revenues and expenditures due to
the bill’s expanded application of an existing penalty provision.
Local Effect: Potential minimal increase in local revenues and expenditures due to the
bill’s expanded application of an existing penalty provision.
Small Business Effect: None.
Analysis
Current Law: Pursuant to Chapter 500 of 2018, a law enforcement officer may not engage
in sexual contact, vaginal intercourse, or a sexual act with a person in the custody of the
law enforcement officer. Violators are guilty of a misdemeanor, punishable by
imprisonment for up to three years and/or a $3,000 maximum fine. A similar prohibition
and the same penalty apply to correctional officers/correctional employees and inmates. A
sentence imposed for a violation of these prohibitions may be separate from and
consecutive to or concurrent with a sentence imposed for an offense under Title 3,
Subtitle 3 of the Criminal Law Article, as specified. Title 3, Subtitle 3 of the Criminal Law
Article contains additional statutory provisions pertaining to several sexual crimes, ranging
from rape in the first degree to sexual offense in the fourth degree.
Additional Information
Prior Introductions: HB 764 of 2020, a similar bill, passed the House with amendments
and was scheduled for a hearing in the Senate Judicial Proceedings Committee, but the
hearing was canceled.
Designated Cross File: HB 411 (Delegate Williams, et al.) - Judiciary.
Information Source(s): Baltimore City; Harford, Montgomery, and Wicomico counties;
Maryland State Commission on Criminal Sentencing Policy; Judiciary (Administrative
Office of the Courts); Office of the Public Defender; Maryland State’s Attorneys’
Association; University System of Maryland; Morgan State University; Department of
Juvenile Services; Department of Public Safety and Correctional Services; Department of
State Police; Department of Legislative Services
Fiscal Note History: First Reader - January 14, 2021
an/aad Third Reader - March 17, 2021
Revised - Amendment(s) - March 17, 2021
Revised - Clarification - March 17, 2021
Enrolled - April 30, 2021
Revised - Amendment(s) - April 30, 2021
Analysis by: Donavan A. Ham Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 43/ Page 2


Statutes affected:
Text - First - Criminal Law - Law Enforcement Officers - Prohibition on Sexual Activity: 3-314 Criminal Law, 9-226 Criminal Law, 3-307 Criminal Law
Text - Third - Criminal Law - Law Enforcement Officers - Prohibition on Sexual Activity: 3-314 Criminal Law, 9-226 Criminal Law, 3-307 Criminal Law
Text - Enrolled - Criminal Law - Law Enforcement Officers - Prohibition on Sexual Activity: 3-314 Criminal Law, 9-226 Criminal Law, 3-307 Criminal Law