Maryland Tort Claims Act - Employees of an Office of a Sheriff
Summary
SB271 expands the definition of “State personnel” under the Maryland Tort Claims Act to include employees of a county sheriff’s office or the Baltimore City Sheriff’s Office. Under current law, sheriffs and deputy sheriffs are already covered; this bill extends the same immunity protections to other sheriff’s office employees when they act within the scope of their public duties, without malice or gross negligence, and in circumstances where the State has waived immunity under the Act.
The practical effect is to shield these employees from certain tort liability in the same manner as sheriffs and deputy sheriffs, aligning their legal treatment with other covered state personnel. The bill amends State Government § 12-101(a)(6) and relies on the existing immunity framework in Courts and Judicial Proceedings § 5-522(b), with an effective date of October 1, 2025.
Impact
The bill broadens the class of individuals treated as “State personnel” for purposes of the Maryland Tort Claims Act, which can affect who may be sued, who is protected by state-law immunity, and when the State may be responsible for claims arising from sheriff’s office operations. It specifically impacts county sheriff’s offices and the Baltimore City Sheriff’s Office, and may reduce personal liability exposure for their employees while preserving the existing limits tied to scope of duty, malice, gross negligence, and the State’s waiver of immunity.
Sentiment
The available voting history shows strong bipartisan support and no recorded opposition: the Senate passed the bill 45-0 and the House passed it 139-0. The committee report was favorable, and there are no transcript excerpts indicating controversy. Overall, the bill appears to have been viewed as a straightforward extension of existing immunity protections rather than a major policy dispute.
Contention
No significant contention is reflected in the provided materials. The main legal issue is the expansion of immunity to a broader group of sheriff’s office employees, which could be of interest to plaintiffs’ advocates or those concerned about accountability, but no opposition is documented in the committee or floor votes. The bill’s supporters appear to have framed it as a consistency measure that places sheriff’s office employees on the same footing as sheriffs and deputy sheriffs under the Maryland Tort Claims Act.