S.B. 77

VETOES

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 731(c)

Annotated Code of Maryland
(1992 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

731.

(c) [The written recommendations as to punishment are not binding upon the
chief.] Within 30 days of receipt of the hearing board's recommendations, the chief shall
review the findings, conclusions, and recommendations of the hearing board and then
[he] THE CHIEF shall issue his A final order AFFIRMING OR DECREASING THE
RECOMMENDED PENALTY OF THE HEARING BOARD. The chief's final order and
decision is binding and may be appealed in accordance with this subtitle. [Before the
chief may increase the recommended penalty of the hearing board, he THE CHIEF
personally shall: review

(1)      REVIEW the entire record of the hearing board proceedings, shall
permit;

(2)     MEET WITH THE LAW ENFORCEMENT OFFICER AND PERMIT the law
enforcement officer to be heard and shall state ON THE RECORD;

(3)     DISCLOSE AND PROVIDE TO THE OFFICER IN WRITING AT LEAST 10
DAYS PRIOR TO THE MEETING ANY ORAL OR WRITTEN COMMUNICATION NOT
INCLUDED IN THE TRIAL HEARING BOARD RECORD UPON ON WHICH THE DECISION
TO CONSIDER INCREASING THE PENALTY IS BASED, IN WHOLE OR IN PART, AT
LEAST 10 DAYS PRIOR TO THE OFFICER'S MEETING WITH THE CHIEF, INCLUDING A
COPY OF ANY WRITTEN COMMUNICATION; AND

(4)     STATE ON THE RECORD the reason for increasing SUBSTANTIAL
EVIDENCE RELIED UPON ON TO SUPPORT THE INCREASE OF the recommended
penalty.]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

May 26, 1994

The Honorable Thomas V: Mike Miller, Jr.

President of the Senate

State House

Annapolis, Maryland 21401

Dear Mr. President:

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