EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1023*
HOUSE BILL 1023
P5, E4, E3 2lr3209
CF SB 785
By: The Speaker (By Request – Department of Legislative Services)
Introduced and read first time: February 10, 2022
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
AN ACT concerning 1
Department of Legislative Services – Collection of Information Related to 2
Public Safety, Criminal Justice, Corrections, and Juvenile Services 3
FOR the purpose of requiring the Department of State Police to collect, analyze, and 4
disseminate, and law enforcement agencies to submit to the Department of State 5
Police, certain information about law enforcement employees; altering the 6
information that law enforcement agencies are required to submit to the Maryland 7
Police Training and Standards Commission related to serious officer–involved 8
incidents; specifying the required contents of a certain use of force incident report; 9
altering the date by which law enforcement agencies are required to submit to the 10
Commission certain data related to police officers’ use of force; requiring the 11
Department of Public Safety and Correctional Services, the Department of State 12
Police, the Maryland Police Training and Standards Commission, and the Governor’s 13
Office of Crime Prevention, Youth, and Victim Services to provide certain 14
information related to public safety and criminal justice in a certain manner to the 15
Department of Legislative Services on or before a certain date each year; requiring 16
the Department of Legislative Services and the Department of State Police to enter 17
into a certain memorandum of understanding related to a data sharing agreement 18
for information contained in certain reports, a certain work plan, and an update on 19
the status of compliance by law enforcement agencies with the National 20
Incident–Based Reporting System; requiring the Department of Legislative Services 21
and the Department of Juvenile Services to enter into a certain memorandum of 22
understanding relating to the provision of certain reports and the development of a 23
certain work plan; and generally relating to information required to be submitted to 24
the Department of Legislative Services. 25 2 HOUSE BILL 1023
BY repealing and reenacting, with amendments, 1
Article – Public Safety 2
Section 2–307(a) and 3–207(b)(1) 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Public Safety 7
Section 3–201(a) and (b) 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Public Safety 12
Section 3–514(a) and (b)(1) 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 16
BY adding to 17
Article – State Government 18
Section 2–1261 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
SECTION 1. BE IT ENACTED BY T HE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Public Safety 24
2–307. 25
(a) (1) The Department shall collect, analyze, and disseminate: 26
(I) information about the incidence of crime in the State; AND 27
(II) INFORMATION , INCLUDING RACE AND S EX, ON THE TOTAL 28
NUMBER OF LAW ENFORC EMENT EMPLOYEES , DE–IDENTIFIED AND 29
DISAGGREGATED BY : 30
1. POSITION FOR CIVILIA N EMPLOYEES ; AND 31
2. RANK FOR SWORN EMPLO YEES. 32
HOUSE BILL 1023 3
(2) EACH LAW ENFORCEMENT AGENCY SHALL PROVIDE THE 1
DEPARTMENT WITH THE I NFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS 2
SUBSECTION IN THE FO RMAT THAT THE SECRETARY REQUIRES . 3
3–201. 4
(a) In this subtitle the following words have the meanings indicated. 5
(b) “Commission” means the Maryland Police Training and Standards 6
Commission. 7
3–207. 8
(b) (1) The Commission shall develop a system by which law enforcement 9
agencies report to the Commission [on the number of serious officer–involved incidents 10
each year, the number of officers disciplined each year, and the type of discipline 11
administered to those officers] EACH SERIOUS OFFICER –INVOLVED INCIDENT EA CH 12
YEAR, INCLUDING FOR EACH I NCIDENT: 13
(I) THE NUMBER OF OFFICE RS INVOLVED BY RACE , ETHNICITY, 14
AND SEX; 15
(II) THE NUMBE R OF OFFICERS DISCIP LINED BY RACE , 16
ETHNICITY, AND SEX; AND 17
(III) THE TYPE OF DISCIPLI NE ADMINISTERED TO E ACH 18
OFFICER, BY THE OFFICER’S RACE, ETHNICITY, AND SEX. 19
Article – State Government 20
2–1261. 21
(A) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF PUBLIC 22
SAFETY AND CORRECTIONAL SERVICES SHALL SUBMIT TO THE DEPARTMENT , IN 23
ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND 24
DISAGGREGATED BY AGE , RACE, AND SEX, INFORMATION REQUIRED TO BE 25
REPORTED TO THE GOVERNOR IN ACCORDANC E WITH § 3–207(A)(2) OF THE 26
CORRECTIONAL SERVICES ARTICLE. 27
(B) (1) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF 28
STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN ELECTRONIC FORMAT , THE 29
FOLLOWING INFORMATIO N PROVIDED IN THE CRIME IN MARYLAND REPORT AND 30
HATE BIAS REPORT: 31
4 HOUSE BILL 1023
(I) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY 1
INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON 2
THE FOLLOWING CRIME CATEGORIES: 3
1. CRIMINAL HOMICIDE ; 4
2. FORCIBLE RAPE; 5
3. ROBBERY; 6
4. ASSAULT; 7
5. BREAKING OR ENTERING ; 8
6. LARCENY OR THEFT ; 9
7. MOTOR VEHICLE THEFT ; AND 10
8. ARSON; 11
(II) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY 12
INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON 13
ARRESTS, INCLUDING THE FOLLOW ING INFORMATION ON E ACH ARREST: 14
1. OFFENSE; 15
2. COUNTY; 16
3. LAW ENFORCEMENT AGEN CY; 17
4. DATE; AND 18
5. AGE, SEX, AND RACE OF INDIVIDU AL ARRESTED; 19
(III) INFORMATION , DE–IDENTIFIED AND DISAGGREGATED BY 20
INCIDENT, COLLECTED IN ACCORDA NCE WITH § 2–307 OF THE PUBLIC SAFETY 21
ARTICLE; AND 22
(IV) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY 23
POSITION AND RANK , ON THE TOTAL NUMBER OF LAW ENFORCEMENT E MPLOYEES, 24
BOTH SWORN AND CIVIL IAN, INCLUDING RACE, ETHNICITY, AND SEX. 25
(2) INFORMATION REQUIRED TO BE SUBMITTED UNDE R PARAGRAPH 26
(1)(I) OF THIS SUBSECTION S HALL INCLUDE THE FOL LOWING INFORMATION F OR 27
EACH INCIDENT : 28 HOUSE BILL 1023 5
(I) OFFENSE, INCLUDING OFFENSE SU BTYPE; 1
(II) DATE, COUNTY, ZIP CODE, AND INCIDENT LOCATION TYPE; 2
(III) AGENCY; 3
(IV) AGE, RACE, ETHNICITY, AND SEX OF VICTIM ; 4
(V) AGE, RACE, ETHNICITY, AND SEX OF OFFENDER ; 5
(VI) CLEARANCE STATUS ; 6
(VII) IF THE OFFENSE IS MU RDER: 7
1. WHETHER IT WAS DRUG –RELATED; 8
2. RELATIONSHIP OF OFFE NDER TO VICTIM; AND 9
3. CIRCUMSTANCES ; 10
(VIII) IF THE OFFENSE IS A DOMESTIC CRIME : 11
1. HOUSEHOLD STATUS AND RELATIONSHIP ; 12
2. ASSOCIATED CRIMES , IF ANY; 13
3. ALCOHOL OR DRUG INVO LVEMENT, IF ANY; AND 14
4. CIRCUMSTANCES ; 15
(IX) IF THE OFFENSE IS MO TOR VEHICLE THEFT , VEHICLE TYPE; 16
(X) IF THE OFFENSE IS CA RJACKING: 17
1. DAY OF THE WEEK AND HOUR OF THE DAY ; 18
2. ACCOSTING SITUATION ; AND 19
3. VICTIM INJURIES, IF ANY; AND 20
(XI) IF THE OFFENSE IS ARSON, TYPE OF PROPERTY . 21
(B) (1) ON OR BEFORE NOVEMBER 30 EACH YEAR, THE DEPARTMENT OF 22
STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN A FORMAT THAT THE 23 6 HOUSE BILL 1023
EXECUTIVE DIRECTOR REQUIRES , THE INFORMATION COLL ECTED IN ACCORDANCE 1
WITH § 2–307(A)(2) OF THE PUBLIC SAFETY ARTICLE. 2
(2) ON OR BEFORE AUGUST 1, 2022, THE DEPARTMENT OF STATE 3
POLICE AND THE DEPARTMENT SHALL ENTE R INTO A MEMORANDUM OF 4
UNDERSTANDING , THE TERMS OF WHICH S HALL INCLUDE : 5
(I) A DATA SHARING AGREE MENT FOR ALL INFORMA TION 6
COLLECTED IN ACCORDANCE WITH § 2–307 OF THE PUBLIC SAFETY ARTICLE; 7
(II) A WORK PLAN FOR ACCE SS TO COLLECTED DATA FOR 8
RESEARCH AND STATIST ICAL ANALYSIS PURPOS ES; 9
(III) A LISTING OF ALL DAT A FIELDS COLLECTED F OR THE CRIME 10
IN MARYLAND REPORT AND THE HATE BIAS REPORT; AND 11
(IV) AN UPDATE ON THE STA TUS OF COMPLIANCE WI TH THE 12
NATIONAL INCIDENT–BASED REPORTING SYSTEM BY LAW ENFORCE MENT 13
AGENCIES IN THE STATE. 14
(C) ON OR BEFORE OCTOBER 31 EACH YEAR, THE MARYLAND POLICE 15
TRAINING AND STANDARDS COMMISSION SHALL SUBM IT TO THE DEPARTMENT , IN 16
ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND 17
DISAGGREGATED BY AGE NCY AND INCIDENT : 18
(1) (I) INFORMATION REQUIRED TO BE REPORTED TO TH E 19
GENERAL ASSEMBLY IN ACCORDANC E WITH § 3–514(B)(1) OF THE PUBLIC SAFETY 20
ARTICLE; AND 21
(II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH USE 22
OF FORCE INCIDENT : 23
1. THE AGE, GENDER, ETHNICITY, AND RACE OF EACH 24
INDIVIDUAL INVOLVED IN THE INCIDENT; 25
2. THE AGE, GENDER, ETHNICITY, AND RACE OF EACH 26
POLICE OFFICER INVOL VED IN THE INCIDENT; 27
3. A BRIEF DESCRIPTION OF THE CIRCUMSTANCES 28
SURROUNDING THE INCI DENT; AND 29
4. THE DATE, TIME, AND LOCATION OF THE INCIDENT; 30
AND 31
HOUSE BILL 1023 7
(2) (I) INFORMATION REQUIRED TO BE COLLECTED IN 1
ACCORDANCE WITH § 3–207(B) OF THE PUBLIC SAFETY ARTICLE; AND. 2
(II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH 3
SERIOUS OFFICER –INVOLVED INCIDENT : 4
1. THE NUMBER OF OFFICE RS INVOLVED BY RACE , 5
ETHNICITY, AND SEX; 6
2. THE NUMBER OF OFFICE RS DISCIPLINED BY RA CE, 7
ETHNICITY, AND SEX; AND 8
3. THE TYPE OF DISCIPLI NE ADMINISTERED BY R ACE, 9
ETHNICITY, AND SEX. 10
(D) ON OR BEFORE OCTOBER 31 EACH YEAR, THE GOVERNOR’S OFFICE OF 11
CRIME PREVENTION, YOUTH, AND VICTIM SERVICES SHALL SUBMIT TO THE 12
DEPARTMENT , IN ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, 13
DE–IDENTIFIED AND DISAG GREGATED BY INCIDENT , INFORMATION COLLECTE D IN 14
ACCORDANCE WITH : 15
(1) § 3–528 OF THE PUBLIC SAFETY ARTICLE; AND 16
(2) § 25–113 OF THE TRANSPORTATION ARTICLE. 17
(E) ON OR BEFORE JULY AUGUST 1, 2022, THE DEPARTMENT OF JUVENILE 18
SERVICES AND THE DEPARTMENT SHALL ENTE R INTO A MEMORANDUM OF 19
UNDERSTANDING , THE TERMS OF WHICH S HALL INCLUDE : 20
(1) THE PROVISION OF VAR IOUS CUSTOM REPORTS TO THE 21
DEPARTMENT , INCLUDING INFORMATIO N, DE–IDENTIFIED AND DISAG GREGATED 22
BY JUVENILE, RELATING TO THE JUVENILE’S RECORD OF: 23
(I) DELINQUENCY ; 24
(II) COURT ACTIONS ; 25
(III) SUPERVISION; AND 26
(IV) PLACEMENT ; AND 27
(2) THE DEVELOPMENT OF A WORK PLAN BY THE DEPARTMENT OF 28
JUVENILE SERVICES REGARDING EF FORTS TO INCLUDE SPE CIFIC RACE AND 29
ETHNICITY DATA FOR INDIVIDUAL JUVENILES. 30 8 HOUSE BILL 1023
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
1, 2022. 2
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3
as follows: 4
Article – Public Safety 5
3–514. 6
(a) (1) Each law enforcement agency shall require a police officer who was 7
involved in a use of force incident in the line of duty to file an incident report regarding the 8
use of force by the end of the officer’s shift unless the officer is disabled. 9
(2) THE INCIDENT RE PORT REQUIRED UNDER PARAGRAPH (1) OF 10
THIS SUBSECTION SHAL L INCLUDE: 11
(I) THE TYPE OF ENCOUNTE R; 12
(II) THE TYPE OF FORCE US ED; 13
(III) THE LOCATION OF THE INCIDENT WHERE FORCE WAS USED; 14
(IV) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 15
USED WAS ARRESTED; 16
(V) WHAT CHARGES , IF ANY, FOR WHICH THE INDIVI DUAL 17
AGAINST WHOM FORCE W AS USED WAS ARRESTED ; 18
(VI) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 19
USED REQUESTED OR RE QUIRED MEDICAL CARE ; 20
(VII) WHETHER THE LAW ENFO RCEMENT OFFICER REQUESTED 21
OR REQUIRED MEDICAL CARE; AND 22
(VIII) DEMOGRAPHIC INFORMAT ION ABOUT ANY INDIVI DUALS 23
AGAINST WHOM FORCE W AS USED AND ANY LAW ENFORCEMENT OFFICER INVOLVED 24
IN THE INCIDENT, INCLUDING RACE , ETHNICITY, GENDER, AND AGE. 25
(b) (1) On or before [March 1] JULY 1, 2023, AND JULY 1 each year 26
THEREAFTER , each law enforcement agency shall submit to the Maryland Police Training 27
and Standards Commission the [number of use of force complaints made against its police 28
officers during] AGGREGATE DATA OF PO LICE OFFICERS’ USE OF FORCE REPORTE D 29
IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION FOR the previous calendar 30 HOUSE BILL 1023 9
year, aggregated by numbers of complaints administratively charged, not charged, 1
unfounded, and exonerated. 2
SECTION 3. AND BE IT FURTHER ENACTED, Th at Section 2 of this Act shall take 3
effect July 1, 2022, the effective date of Chapter 59 of the Acts of the General Assembly of 4
2021. If the effective date of Chapter 59 is amended, Section 2 of this Act shall take effect 5
on the taking effect of Chapter 59. 6
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 7
3 of this Act, this Act shall take effect July 1, 2022. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.