Maryland 2023 Regular Session

Maryland House Bill HB223

Introduced
1/23/23  
Refer
1/23/23  
Report Pass
3/16/23  
Engrossed
3/18/23  
Refer
3/20/23  

Caption

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Impact

The bill impacts state laws by setting forth a comprehensive conduct code for how facial recognition technology can be utilized within criminal justice. This includes a prohibition on using such technology for any investigation that does not pertain to serious crimes, such as human trafficking or violent crimes. The legislation mandates that results from facial recognition technology cannot serve as the sole basis for establishing probable cause or for identifying an individual, reinforcing the need for corroborating evidence to ensure that rights are upheld. This is intended to help address concerns about potential misuse or overreach by law enforcement agencies.

Summary

House Bill 223 establishes a framework for the use of facial recognition technology by law enforcement agencies in criminal investigations. The legislation creates clear requirements and procedures for the deployment of this technology, including necessary training for law enforcement personnel on its appropriate use. The bill aims to safeguard civil liberties while still allowing law enforcement to employ these advanced tools when justified under particular circumstances. Under the act, law enforcement agencies must adhere to a statewide policy regarding facial recognition technology and can only use approved systems as defined by the Department of Public Safety and Correctional Services.

Sentiment

The general sentiment surrounding HB 223 is divided among constituents and lawmakers. Supporters argue that it strikes a necessary balance between enhancing law enforcement capabilities and protecting individual privacy rights. They emphasize the importance of oversight and training to prevent the misuse of facial recognition technology. Critics, however, express concerns that the technology could exacerbate existing biases and civil liberties violations, particularly if not properly regulated. The bill highlights ongoing debates about the ethical implications and effectiveness of facial recognition systems in law enforcement.

Contention

Notable points of contention include concerns regarding the accuracy of facial recognition technology and its potential biases against marginalized communities. Activists and certain legislators fear that without strict oversight, the technology could lead to wrongful identifications and exacerbate systemic inequities in the justice system. The legislation includes provisions for annual reporting and audits to enforce compliance and transparency, yet critics argue that the effectiveness of such measures hinge on proper implementation and commitment from law enforcement agencies.

Companion Bills

MD SB192

Crossfiled Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB1046

Carry Over Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Previously Filed As

MD HB338

Criminal Procedure – Facial Recognition Technology – Requirements, Procedures, and Prohibitions

MD SB192

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB182

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB1046

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB762

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB741

Facial recognition technology; authorized uses.

MD AB2261

Facial recognition technology.

MD SB397

Generally revise laws related to privacy and facial recognition technology

MD SB551

Criminal Procedure – Fresh Pursuit by Law Enforcement – Requirements and Prohibitions

MD AB642

Law enforcement agencies: facial recognition technology.

Similar Bills

VA SB741

Facial recognition technology; authorized uses.

VA HB1339

Facial recognition technology; redefines, local law enforcement and campus police to utilize.

VA HB1339

Facial recognition technology; redefines, local law enforcement and campus police to utilize.

WV SB688

Providing for 4th Amendment Restoration Act

CA AB1281

Privacy: California Consumer Privacy Act of 2018.

NJ A5616

Requires AG to study law enforcement use of facial recognition technology and issue report with recommendations for Statewide policy.