LAWRENCE J. HOGAN, JR., Governor Ch. 508
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Chapter 508
(House Bill 1023)
AN ACT concerning
Department of Legislative Services – Collection of Information Related to
Public Safety, Criminal Justice, Corrections, and Juvenile Services
FOR the purpose of requiring the Department of State Police to collect, analyze, and
disseminate, and law enforcement agencies to submit to the Department of State
Police, certain information about law enforcement employees; altering t he
information that law enforcement agencies are required to submit to the Maryland
Police Training and Standards Commission related to serious officer–involved
incidents; specifying the required contents of a certain use of force incident report;
altering the date by which law enforcement agencies are required to submit to the
Commission certain data related to police officers’ use of force; requiring the
Department of Public Safety and Correctional Services, the Department of State
Police, the Maryland Police Training and Standards Commission, and the Governor’s
Office of Crime Prevention, Youth, and Victim Services to provide certain
information related to public safety and criminal justice in a certain manner to the
Department of Legislative Services on or before a certain date each year; requiring
the Department of Legislative Services and the Department of State Police to enter
into a certain memorandum of understanding related to a data sharing agreement
for information contained in certain reports, a certain work plan, and an update on
the status of compliance by law enforcement agencies with the National
Incident–Based Reporting System; requiring the Department of Legislative Services
and the Department of Juvenile Services to enter into a certain memorandum of
understanding relating to the provision of certain reports and the development of a
certain work plan; and generally relating to information required to be submitted to
the Department of Legislative Services.
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 2–307(a) and 3–207(b)(1)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Public Safety
Section 3–201(a) and (b)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 3–514(a) and (b)(1) Ch. 508 2022 LAWS OF MARYLAND
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Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021)
BY adding to
Article – State Government
Section 2–1261
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
2–307.
(a) (1) The Department shall collect, analyze, and disseminate:
(I) information about the incidence of crime in the State; AND
(II) INFORMATION , INCLUDING RACE AND S EX, ON THE TOTAL
NUMBER OF LAW ENFORC EMENT EMPLOYEES , DE–IDENTIFIED AND
DISAGGREGATED BY :
1. POSITION FOR CIVILIA N EMPLOYEES ; AND
2. RANK FOR SW ORN EMPLOYEES .
(2) EACH LAW ENFORCEMENT AGENCY SHALL PROVIDE THE
DEPARTMENT WITH THE I NFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS
SUBSECTION IN THE FO RMAT THAT THE SECRETARY REQUIRES .
3–201.
(a) In this subtitle the following words have the meanings indicated.
(b) “Commission” means the Maryland Police Training and Standards
Commission.
3–207.
(b) (1) The Commission shall develop a system by which law enforcement
agencies report to the Commission [on the number of serious officer–involved incidents
each year, the number of officers disciplined each year, and the type of discipline LAWRENCE J. HOGAN, JR., Governor Ch. 508
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administered to those officers] EACH SERIOUS OFFICER –INVOLVED INCIDENT EA CH
YEAR, INCLUDING FOR EACH I NCIDENT:
(I) THE NUMBER OF OFFICE RS INVOLVED BY RACE , ETHNICITY,
AND SEX;
(II) THE NUMBER OF OFFICE RS DISCIPLINED BY RA CE,
ETHNICITY, AND SEX; AND
(III) THE TYPE OF DISCIPLI NE ADMINISTERED TO E ACH
OFFICER, BY THE OFFICER ’S RACE, ETHNICITY, AND SEX.
Article – State Government
2–1261.
(A) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES SHALL SUBMIT TO THE DEPARTMENT , IN
ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND
DISAGGREGATED BY AGE , RACE, AND SEX, INFORMATION REQUIRED TO BE
REPORTED TO THE GOVERNOR IN ACCORDANC E WITH § 3–207(A)(2) OF THE
CORRECTIONAL SERVICES ARTICLE.
(B) (1) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF
STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN ELECTRONIC F ORMAT, THE
FOLLOWING INFORMATIO N PROVIDED IN THE CRIME IN MARYLAND REPORT AND
HATE BIAS REPORT:
(I) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY
INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON
THE FOLLOWING CRIME CATEGORIES :
1. CRIMINAL HOMICIDE ;
2. FORCIBLE RAPE ;
3. ROBBERY;
4. ASSAULT;
5. BREAKING OR ENTERING ;
6. LARCENY OR THEFT ;
Ch. 508 2022 LAWS OF MARYLAND
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7. MOTOR VEHICLE THEFT ; AND
8. ARSON;
(II) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY
INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON
ARRESTS, INCLUDING THE FOLLOW ING INFORMATION ON E ACH ARREST:
1. OFFENSE;
2. COUNTY;
3. LAW ENFORCEMENT AGEN CY;
4. DATE; AND
5. AGE, SEX, AND RACE OF INDIVIDU AL ARRESTED ;
(III) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY
INCIDENT, COLLECTED IN ACCORDA NCE WITH § 2–307 OF THE PUBLIC SAFETY
ARTICLE; AND
(IV) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY
POSITION AND RANK , ON THE TOTAL NUMBER OF LAW ENFORCEMENT E MPLOYEES,
BOTH SWORN AND CIVIL IAN, INCLUDING RACE , ETHNICITY, AND SEX.
(2) INFORMATION REQUIRED TO BE SUBMITTED UNDE R PARAGRAPH
(1)(I) OF THIS SUBSECTION S HALL INCLUDE THE FOL LOWING INFORMATION F OR
EACH INCIDENT :
(I) OFFENSE, INCLUDING OFFENSE SU BTYPE;
(II) DATE, COUNTY, ZIP CODE, AND INCIDENT LOCATIO N TYPE;
(III) AGENCY;
(IV) AGE, RACE, ETHNICITY, AND SEX OF VICTIM ;
(V) AGE, RACE, ETHNICITY, AND SEX OF OFFENDER ;
(VI) CLEARANCE STATUS ;
(VII) IF THE OFFENSE IS MU RDER:
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1. WHETHER IT WAS DRUG –RELATED;
2. RELATIONSHIP OF OFFE NDER TO VICTIM ; AND
3. CIRCUMSTANCES ;
(VIII) IF THE OFFENSE IS A DOMESTIC CRIME :
1. HOUSEHOLD STATUS AND RELATIONSHIP ;
2. ASSOCIATED CRIMES , IF ANY;
3. ALCOHOL OR DRUG INVO LVEMENT, IF ANY; AND
4. CIRCUMSTANCES ;
(IX) IF THE OFFENSE IS MO TOR VEHICLE THEFT , VEHICLE TYPE;
(X) IF THE OFFENSE IS CA RJACKING:
1. DAY OF THE WEEK AND HOUR OF THE DAY ;
2. ACCOSTING SITUATION ; AND
3. VICTIM INJURIES , IF ANY; AND
(XI) IF THE OFFENSE IS AR SON, TYPE OF PROPERTY .
(B) (1) ON OR BEFORE NOVEMBER 30 EACH YEAR, THE DEPARTMENT OF
STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN A FORMAT THAT THE
EXECUTIVE DIRECTOR REQUIRES , THE INFORMATION COLL ECTED IN ACCORDANCE
WITH § 2–307(A)(2) OF THE PUBLIC SAFETY ARTICLE.
(2) ON OR BEFORE AUGUST 1, 2022, THE DEPARTMENT OF STATE
POLICE AND THE DEPARTMENT SHALL ENTE R INTO A MEMORANDUM OF
UNDERSTANDING , THE TERMS OF WHICH S HALL INCLUDE :
(I) A DATA SHARING AGREE MENT FOR ALL INF ORMATION
COLLECTED IN ACCORDA NCE WITH § 2–307 OF THE PUBLIC SAFETY ARTICLE;
(II) A WORK PLAN FOR ACCE SS TO COLLECTED DATA FOR
RESEARCH AND STATIST ICAL ANALYSIS PURPOS ES;
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(III) A LISTING OF ALL DAT A FIELDS COLLECTED F OR THE CRIME
IN MARYLAND REPORT AND THE HATE BIAS REPORT; AND
(IV) AN UPDATE ON THE STA TUS OF COMPLIANCE WI TH THE
NATIONAL INCIDENT–BASED REPORTING SYSTEM BY LAW ENFORCE MENT
AGENCIES IN THE STATE.
(C) ON OR BEFORE OCTOBER 31 EACH YEAR, THE MARYLAND POLICE
TRAINING AND STANDARDS COMMISSION SHALL SUBMI T TO THE DEPARTMENT , IN
ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND
DISAGGREGATED BY AGE NCY AND INCIDENT :
(1) (I) INFORMATION REQUIRED TO BE REPORTED TO TH E
GENERAL ASSEMBLY IN ACCORDANC E WITH § 3–514(B)(1) OF THE PUBLIC SAFETY
ARTICLE; AND
(II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH USE
OF FORCE INCIDENT :
1. THE AGE, GENDER, ETHNICITY, AND RACE OF EACH
INDIVIDUAL INVOLVED IN THE INCIDENT;
2. THE AGE, GENDER, ETHNICITY, AND RACE OF EACH
POLICE OFFICER INVOL VED IN THE INCIDENT ;
3. A BRIEF DESCRIPTION OF THE CIRCUMSTANCES
SURROUNDING THE INCI DENT; AND
4. THE DATE, TIME, AND LOCATION OF THE INCIDENT;
AND
(2) (I) INFORMATION REQUIRED TO BE COLLECTED IN
ACCORDANCE WITH § 3–207(B) OF THE PUBLIC SAFETY ARTICLE; AND.
(II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH
SERIOUS OFFICER –INVOLVED INCIDENT :
1. THE NUMBER OF OFFICE RS INVOLVED BY RACE ,
ETHNICITY, AND SEX;
2. THE NUMBER OF OFFICE RS DISCIPLINED BY RA CE,
ETHNICITY, AND SEX; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 508
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3. THE TYPE OF DISCIPLI NE ADMINISTERED BY R ACE,
ETHNICITY, AND SEX.
(D) ON OR BEFORE OCTOBER 31 EACH YEAR, THE GOVERNOR’S OFFICE OF
CRIME PREVENTION, YOUTH, AND VICTIM SERVICES SHALL SUBMIT TO THE
DEPARTMENT , IN ELECTRONIC FORMAT THE FORM OF ELECTRONIC RAW DATA,
DE–IDENTIFIED AND DISAG GREGATED BY INCIDENT , INFORMATION COLLECTE D IN
ACCORDANCE WITH :
(1) § 3–528 OF THE PUBLIC SAFETY ARTICLE; AND
(2) § 25–113 OF THE TRANSPORTATION ARTICLE.
(E) ON OR BEFORE JULY AUGUST 1, 2022, THE DEPARTMENT OF JUVENILE
SERVICES AND THE DEPARTMENT SHALL ENTE R INTO A MEMORANDUM OF
UNDERSTANDING , THE TERMS OF WHICH S HALL INCLUDE :
(1) THE PROVISION OF VAR IOUS CUSTOM REPORTS TO THE
DEPARTMENT , INCLUDING INFORMATIO N, DE–IDENTIFIED AND DISAG GREGATED
BY JUVENILE, RELATING TO THE JUVE NILE’S RECORD OF:
(I) DELINQUENCY ;
(II) COURT ACTIONS ;
(III) SUPERVISION; AND
(IV) PLACEMENT ; AND
(2) THE DEVELOPMENT OF A WORK PLAN BY THE DEPARTMENT OF
JUVENILE SERVICES REGARDING EF FORTS TO INCLUDE SPE CIFIC RACE AND
ETHNICITY DATA FOR I NDIVIDUAL JUVENILES .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2022.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Public Safety
3–514.
Ch. 508 2022 LAWS OF MARYLAND
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(a) (1) Each law enforcement agency shall require a police officer who was
involved in a use of force incident in the line of duty to file an incident report regarding the
use of force by the end of the officer’s shift unless the officer is disabled.
(2) THE INCIDENT REPORT R EQUIRED UNDER PARAGR APH (1) OF
THIS SUBSECTION SHAL L INCLUDE:
(I) THE TYPE OF ENCOUNTE R;
(II) THE TYPE OF FORCE US ED;
(III) THE LOCATION OF THE INCIDENT WHERE FORCE WAS USED;
(IV) WHETHER THE INDIVIDU AL AGAINST WHOM FORCE WAS
USED WAS ARRESTED ;
(V) WHAT CHARGES , IF ANY, FOR WHICH THE INDIVI DUAL
AGAINST WHOM FORCE W AS USED WAS ARRESTED ;
(VI) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS
USED REQUESTED OR RE QUIRED MEDICAL CARE ;
(VII) WHETHER THE LAW ENFO RCEMENT OFFICER REQUEST ED
OR REQUIRED MEDICAL CARE; AND
(VIII) DEMOGRAPHIC INFORMAT ION ABOUT ANY INDIVI DUALS
AGAINST WHOM FORCE W AS USED AND ANY LAW ENFORCEMENT OFFICER INVOLVED
IN THE INCIDENT, INCLUDING RACE , ETHNICITY, GENDER, AND AGE.
(b) (1) On or before [March 1] JULY 1, 2023, AND JULY 1 each year
THEREAFTER , each law enforcement agency shall submit to the Maryland Police Training
and Standards Commission the [number of use of force complaints made against its police
officers during] AGGREGATE DATA OF POLICE OFFICERS ’ USE OF FORCE REPORTE D
IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION FOR the previous calendar
year, aggregated by numbers of complaints administratively charged, not charged,
unfounded, and exonerated.
SECTION 3. AND BE IT FURTHE R ENACTED, That Section 2 of this Act shall take
effect July 1, 2022, the effective date of Chapter 59 of the Acts of the General Assembly of
2021. If the effective date of Chapter 59 is amended, Section 2 of this Act shall take effect
on the taking effect of Chapter 59.
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect July 1, 2022. LAWRENCE J. HOGAN, JR., Governor Ch. 508
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Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.