Maryland Legislature’s police reform bill is praised, criticized

By Ben Terzi
Special to The Baltimore Watchdog

The massive police reform legislation being sorted out in the Maryland General Assembly is being both praised for “taking a bold, transformative step forward in policing” and criticized for failing to shift power to the community or enact real change in law enforcement.

In a 96-40 vote Thursday, the Maryland House of Delegates passed a comprehensive police reform bill to repeal and replace the Law Officers’ Bill of Rights. Coincidentally, the Senate passed its own version of a police reform package last week. The Senate version has similar provisions to the House’s Police Reform and Accountability Act of 2021.

Both chambers will now begin negotiations to reconcile differences between each piece of police reform legislation before sending it to Gov. Larry Hogan for his signature.

“This bill takes a bold, transformative step forward in policing by putting citizens squarely in-charge of the police discipline process,” said House Speaker Adrienne A. Jones, prior to Thursday’s passage of the bill.

Jones sponsored the House legislation, which would reduce job-protections for police officers with high-complaint numbers, change how police complaints are filed, give the public access to internal affairs records within a law enforcement department and create civilian boards to review police misconduct complaints and internal investigations.

Specifically, the Police Reform and Accountability Act will create a five-civilian board, with subpoena power and oversight on how police officers are disciplined.

Activist groups around Maryland, like the Maryland Coalition for Justice and Police Accountability, complained that the legislation does not go far enough. The coalition is made up of nearly 60 organizations, ranging from the American Civil Liberties Union, CASA and Baltimore Action Legal Team to the Interfaith Action for Human Rights and Maryland Prisoners’ Rights Coalition.

“We must shift the power over law enforcement into the hands of the community,” the coalition said in a statement. “Anything that doesn’t achieve that is insufficient.”

The coalition said that repealing the Law Enforcement Officers Bill of Rights adds too many barriers to discipline police officers. For example, a trial board would be required to approve any disciplinary action of an officer. It also creates an even more strict time deadline than the current Bill of Rights, officials said.

“These [trial] boards are not a substitute to real external oversight, because they don’t have the power to actually do anything about the complaints they receive,” the coalition concluded in its statement.

In the House bill, trial boards would be composed of two civilians and one police officer who would approve any discipline charge on a police officer based on the cited complaint.

Last week, activist groups protested and rallied outside the State House in Annapolis demanding “real reform” and said the house legislation offers no incremental change.

“There are thousands of family members and loved ones victimized due to police brutality and excessive force, and together we demand real change to the system that has for too long chosen to watch us suffer without justice,” said Nikki Owens, cousin of William Green, a Prince George’s County man who was fatally shot while handcuffed by Cpl. Michael A. Owen Jr. in January 2020.

“We need a heightened statewide use of force standard,” Owens said. “And we need to make investigations into police misconduct transparent.”

While the legislation sets statutes for use-of-force such as banning chokeholds, the coalition stressed the need to place limitations on any use of lethal force by police officers.

Dayvon Love, director of Public Policy for Leaders of a Beautiful Struggle, claimed the bill has some good ideas, but insisted it ultimately comes up short in delivering community oversight in regards to police discipline.

“Racial justice is primarily about giving Black and Brown people the power over the institutions that govern our lives,” Love explained. “It’s about shifting power into the hands of the community. While [Police Reform and Accountability Act] does some good things, it is far from racial justice.”