HB 1248
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
House Bill 1248 (Delegate Washington)
Judiciary Judicial Proceedings
Public Safety - Police Officer - Data Collection and Reporting
This bill requires, by March 1, 2022, and each March 1 thereafter, each local law
enforcement agency to report to the Governor’s Office of Crime Prevention, Youth, and
Victim Services (GOCPYVS) specified information on each use of force incident, for the
previous calendar year, involving a police officer employed by the law enforcement agency
that resulted in a monetary settlement or judgment against the law enforcement agency.
GOCPYVS must (1) adopt procedures for the collection and analysis of the required
information; (2) by June 30 each year, compile and submit an annual report on the required
information to the General Assembly; and (3) annually post the required report to its
website.
Fiscal Summary
State Effect: GOCPYVS can likely handle the bill’s requirements with existing budgeted
resources, as discussed below. Revenues are not affected.
Local Effect: Since it is assumed that the bill applies to a limited number of cases each
year, local finances are likely not materially affected.
Small Business Effect: None.
Analysis
Current Law: The Local Government Tort Claims Act (LGTCA) defines local
government to include counties, municipal corporations, Baltimore City, and various
agencies and authorities of local governments such as community colleges, county public
libraries, special taxing districts, nonprofit community service corporations, sanitary
districts, housing authorities, and commercial district management authorities. It further
establishes that the local government is liable for the tortious acts or omissions of its
employees acting within the scope of employment. Thus, LGTCA prevents local
governments from asserting a common law claim of governmental immunity from liability
for such acts or omissions of its employees.
Pursuant to Chapter 131 of 2015, for causes of action arising on or after October 1, 2015,
LGTCA limits the liability of a local government to $400,000 per individual claim and
$800,000 per total claims that arise from the same occurrence for damages from tortious
acts or omissions (including intentional and constitutional torts).
State Expenditures: GOCPYVS advises that a full-time staff person is needed to fulfil
the bill’s information collection and reporting requirements; however, the Department of
Legislative Services (DLS) disagrees. DLS advises that GOCPYVS can likely handle the
bill’s requirements with existing budgeted resources, as it is assumed that the bill applies
to a limited number of cases each year.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Harford, Montgomery, and Wicomico counties; City of College
Park; Governor’s Office of Crime Prevention, Youth, and Victim Services; Department of
Legislative Services
Fiscal Note History: First Reader - February 18, 2021
rh/lgc Third Reader - March 25, 2021
Revised - Amendment(s) - March 25, 2021
Revised - Updated Information - March 29, 2021
Enrolled - April 14, 2021
Revised - Amendment(s) - April 14, 2021
Analysis by: Shirleen M. E. Pilgrim Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1248/ Page 2


Statutes affected:
Text - First - Public Safety – Law Enforcement Officer – Data Collection and Reporting: 3-523 Public Safety, 2-101 Public Safety, 3-101 Public Safety
Text - Third - Public Safety - Police Officer - Data Collection and Reporting: 3-523 Public Safety, 2-101 Public Safety
Text - Enrolled - Public Safety - Police Officer - Data Collection and Reporting: 3-523 Public Safety, 2-101 Public Safety
Text - Chapter - Public Safety - Police Officer - Data Collection and Reporting: 3-201 []