SB 364
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 364 (Senator McCray)
Judicial Proceedings Judiciary
Baltimore City - Civil Claims Against Law Enforcement Officers of an
Institution of Higher Education - Prohibition Against Nondisparagement Clause
in Settlement Agreement
This bill prohibits the inclusion of and declares unenforceable a nondisparagement clause
in a settlement agreement or any general release of liability between the parties to a claim
or suit asserting misconduct in the performance of duties by a law enforcement officer of
a law enforcement agency of an institution of higher education. The bill only applies to a
claim or suit arising in Baltimore City. The bill applies prospectively and may not be
applied to or interpreted to have any effect on or application to any agreement or release of
liability executed before the bill’s October 1, 2021 effective date.
Fiscal Summary
State Effect: The bill is not expected to materially affect State finances or operations.
Local Effect: The bill is not expected to materially affect finances or operations in
Baltimore City.
Small Business Effect: None.
Analysis
Current Law: There are no statutory provisions directly applicable to the bill. However,
with specified exceptions, a “law enforcement officer” is an individual who, in an official
capacity, is authorized by law to make arrests and is a member of one of a list of specified
law enforcement agencies, including the (1) police forces of the University System of
Maryland, Morgan State University, and Baltimore City Community College and (2) the
police department of the Johns Hopkins University, except for the department’s Chief of
Police.
The Baltimore City Code prohibits settlement agreements between Baltimore City and
claimants for claims involving police misconduct or unlawful discrimination from
including “non-disparagement clauses” that require the claimant to waive the claimant’s
rights to make specified statements regarding the claim.
Additional Information
Prior Introductions: SB 829 of 2020, a similar bill, received a hearing in the Senate
Judicial Proceedings Committee, but no further action was taken.
Designated Cross File: None.
Information Source(s): Baltimore City; Maryland State Treasurer’s Office; Judiciary
(Administrative Office of the Courts); Department of Legislative Services
Fiscal Note History: First Reader - February 5, 2021
rh/jkb Third Reader - March 22, 2021
Revised - Amendment(s) - March 22, 2021
Analysis by: Amy A. Devadas Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 364/ Page 2


Statutes affected:
Text - First - Baltimore City – Civil Claims Against Law Enforcement Officers of an Institution of Higher Education – Prohibition Against Nondisclosure Provision in Settlement Agreement: 5-644 Public Safety, 3-101 Public Safety, 10-101 Education, 3-101 Public Safety
Text - Third - Baltimore City - Civil Claims Against Law Enforcement Officers of an Institution of Higher Education - Prohibition Against Nondisparagement Clause in Settlement Agreement: 5-644 Education, 3-101 Education, 10-101 Education, 3-101 Public Safety