House Bill 217

AN ACT concerning

Local Government Tort Claims - Indemnification of Law Enforcement

Officers

FOR the purpose of restricting allowing a local government from indemnifying to
indemnify certain law enforcement officers from for a certain judgment if unless
the act or omission giving rise to the judgment would constitute a felony under
the laws of this State; providing for the application of this Act; and generally
relating to the indemnification of law enforcement officers by a local
government.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 5-303

Annotated Code of Maryland
(1998 Replacement Volume)

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

Article - Courts and Judicial Proceedings

5-303.

(a) The liability of a local government may not exceed $200,000 per an
individual claim, and $500,000 per total claims that arise from the same occurrence
for damages resulting from tortious acts or omissions, including liability arising
under subsection (b) of this section and indemnification under subsection (c) of this
section.

(b) (1) Except as provided in subsection (c) of this section, a local
government shall be liable for any judgment against its employee for damages
resulting from tortious acts or omissions committed by the employee within the scope
of employment with the local government.

(2) A local government may not assert governmental or sovereign
immunity to avoid the duty to defend or indemnify an employee established in this
subsection.

(c) (1) A local government may not be liable for punitive damages.

(2) (i) Subject to subsection (a) of this section and except as provided
in subparagraph (ii) of this paragraph, a local government may indemnify an
employee for a judgment for punitive damages entered against the employee.

(ii) A local government may not indemnify a law enforcement
officer for a judgment for punitive damages if the law enforcement officer has been