Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 508 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 508 | |
5 | - | (House Bill 1023) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb1023* | |
8 | 9 | ||
9 | - | Department of Legislative Services – Collection of Information Related to | |
10 | - | Public Safety, Criminal Justice, Corrections, and Juvenile Services | |
10 | + | HOUSE BILL 1023 | |
11 | + | P5, E4, E3 2lr3209 | |
12 | + | CF SB 785 | |
13 | + | By: The Speaker (By Request – Department of Legislative Services) | |
14 | + | Introduced and read first time: February 10, 2022 | |
15 | + | Assigned to: Appropriations | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | House action: Adopted | |
18 | + | Read second time: March 13, 2022 | |
11 | 19 | ||
12 | - | FOR the purpose of requiring the Department of State Police to collect, analyze, and | |
13 | - | disseminate, and law enforcement agencies to submit to the Department of State | |
14 | - | Police, certain information about law enforcement employees; altering t he | |
15 | - | information that law enforcement agencies are required to submit to the Maryland | |
16 | - | Police Training and Standards Commission related to serious officer–involved | |
17 | - | incidents; specifying the required contents of a certain use of force incident report; | |
18 | - | altering the date by which law enforcement agencies are required to submit to the | |
19 | - | Commission certain data related to police officers’ use of force; requiring the | |
20 | - | Department of Public Safety and Correctional Services, the Department of State | |
21 | - | Police, the Maryland Police Training and Standards Commission, and the Governor’s | |
22 | - | Office of Crime Prevention, Youth, and Victim Services to provide certain | |
23 | - | information related to public safety and criminal justice in a certain manner to the | |
24 | - | Department of Legislative Services on or before a certain date each year; requiring | |
25 | - | the Department of Legislative Services and the Department of State Police to enter | |
26 | - | into a certain memorandum of understanding related to a data sharing agreement | |
27 | - | for information contained in certain reports, a certain work plan, and an update on | |
28 | - | the status of compliance by law enforcement agencies with the National | |
29 | - | Incident–Based Reporting System; requiring the Department of Legislative Services | |
30 | - | and the Department of Juvenile Services to enter into a certain memorandum of | |
31 | - | understanding relating to the provision of certain reports and the development of a | |
32 | - | certain work plan; and generally relating to information required to be submitted to | |
33 | - | the Department of Legislative Services. | |
20 | + | CHAPTER ______ | |
34 | 21 | ||
35 | - | BY repealing and reenacting, with amendments, | |
36 | - | Article – Public Safety | |
37 | - | Section 2–307(a) and 3–207(b)(1) | |
38 | - | Annotated Code of Maryland | |
39 | - | (2018 Replacement Volume and 2021 Supplement) | |
22 | + | AN ACT concerning 1 | |
40 | 23 | ||
41 | - | BY repealing and reenacting, without amendments, | |
42 | - | Article – Public Safety | |
43 | - | Section 3–201(a) and (b) | |
44 | - | Annotated Code of Maryland | |
45 | - | (2018 Replacement Volume and 2021 Supplement) | |
24 | + | Department of Legislative Services – Collection of Information Related to 2 | |
25 | + | Public Safety, Criminal Justice, Corrections, and Juvenile Services 3 | |
46 | 26 | ||
47 | - | BY repealing and reenacting, with amendments, | |
48 | - | Article – Public Safety | |
49 | - | Section 3–514(a) and (b)(1) Ch. 508 2022 LAWS OF MARYLAND | |
27 | + | FOR the purpose of requiring the Department of State Police to collect, analyze, and 4 | |
28 | + | disseminate, and law enforcement agencies to submit to the Department of State 5 | |
29 | + | Police, certain information about law enforcement employees; altering the 6 | |
30 | + | information that law enforcement agencies are required to submit to the Maryland 7 | |
31 | + | Police Training and Standards Commission related to serious officer–involved 8 | |
32 | + | incidents; specifying the required contents of a certain use of force incident report; 9 | |
33 | + | altering the date by which law enforcement agencies are required to submit to the 10 | |
34 | + | Commission certain data related to police officers’ use of force; requiring the 11 | |
35 | + | Department of Public Safety and Correctional Services, the Department of State 12 | |
36 | + | Police, the Maryland Police Training and Standards Commission, and the Governor’s 13 | |
37 | + | Office of Crime Prevention, Youth, and Victim Services to provide certain 14 | |
38 | + | information related to public safety and criminal justice in a certain manner to the 15 | |
39 | + | Department of Legislative Services on or before a certain date each year; requiring 16 | |
40 | + | the Department of Legislative Services and the Department of State Police to enter 17 | |
41 | + | into a certain memorandum of understanding related to a data sharing agreement 18 | |
42 | + | for information contained in certain reports, a certain work plan, and an update on 19 | |
43 | + | the status of compliance by law enforcement agencies with the National 20 | |
44 | + | Incident–Based Reporting System; requiring the Department of Legislative Services 21 | |
45 | + | and the Department of Juvenile Services to enter into a certain memorandum of 22 | |
46 | + | understanding relating to the provision of certain reports and the development of a 23 | |
47 | + | certain work plan; and generally relating to information required to be submitted to 24 | |
48 | + | the Department of Legislative Services. 25 2 HOUSE BILL 1023 | |
50 | 49 | ||
51 | - | – 2 – | |
52 | - | Annotated Code of Maryland | |
53 | - | (2018 Replacement Volume and 2021 Supplement) | |
54 | - | (As enacted by Chapter 59 of the Acts of the General Assembly of 2021) | |
55 | 50 | ||
56 | - | BY adding to | |
57 | - | Article – State Government | |
58 | - | Section 2–1261 | |
59 | - | Annotated Code of Maryland | |
60 | - | (2021 Replacement Volume) | |
61 | 51 | ||
62 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
63 | - | That the Laws of Maryland read as follows: | |
52 | + | BY repealing and reenacting, with amendments, 1 | |
53 | + | Article – Public Safety 2 | |
54 | + | Section 2–307(a) and 3–207(b)(1) 3 | |
55 | + | Annotated Code of Maryland 4 | |
56 | + | (2018 Replacement Volume and 2021 Supplement) 5 | |
64 | 57 | ||
65 | - | Article – Public Safety | |
58 | + | BY repealing and reenacting, without amendments, 6 | |
59 | + | Article – Public Safety 7 | |
60 | + | Section 3–201(a) and (b) 8 | |
61 | + | Annotated Code of Maryland 9 | |
62 | + | (2018 Replacement Volume and 2021 Supplement) 10 | |
66 | 63 | ||
67 | - | 2–307. | |
64 | + | BY repealing and reenacting, with amendments, 11 | |
65 | + | Article – Public Safety 12 | |
66 | + | Section 3–514(a) and (b)(1) 13 | |
67 | + | Annotated Code of Maryland 14 | |
68 | + | (2018 Replacement Volume and 2021 Supplement) 15 | |
69 | + | (As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 16 | |
68 | 70 | ||
69 | - | (a) (1) The Department shall collect, analyze, and disseminate: | |
71 | + | BY adding to 17 | |
72 | + | Article – State Government 18 | |
73 | + | Section 2–1261 19 | |
74 | + | Annotated Code of Maryland 20 | |
75 | + | (2021 Replacement Volume) 21 | |
70 | 76 | ||
71 | - | (I) information about the incidence of crime in the State; AND | |
77 | + | SECTION 1. BE IT ENACTED BY T HE GENERAL ASSEMBLY OF MARYLAND, 22 | |
78 | + | That the Laws of Maryland read as follows: 23 | |
72 | 79 | ||
73 | - | (II) INFORMATION , INCLUDING RACE AND S EX, ON THE TOTAL | |
74 | - | NUMBER OF LAW ENFORC EMENT EMPLOYEES , DE–IDENTIFIED AND | |
75 | - | DISAGGREGATED BY : | |
80 | + | Article – Public Safety 24 | |
76 | 81 | ||
77 | - | ||
82 | + | 2–307. 25 | |
78 | 83 | ||
79 | - | | |
84 | + | (a) (1) The Department shall collect, analyze, and disseminate: 26 | |
80 | 85 | ||
81 | - | (2) EACH LAW ENFORCEMENT AGENCY SHALL PROVIDE THE | |
82 | - | DEPARTMENT WITH THE I NFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS | |
83 | - | SUBSECTION IN THE FO RMAT THAT THE SECRETARY REQUIRES . | |
86 | + | (I) information about the incidence of crime in the State; AND 27 | |
84 | 87 | ||
85 | - | 3–201. | |
88 | + | (II) INFORMATION , INCLUDING RACE AND S EX, ON THE TOTAL 28 | |
89 | + | NUMBER OF LAW ENFORC EMENT EMPLOYEES , DE–IDENTIFIED AND 29 | |
90 | + | DISAGGREGATED BY : 30 | |
86 | 91 | ||
87 | - | | |
92 | + | 1. POSITION FOR CIVILIA N EMPLOYEES ; AND 31 | |
88 | 93 | ||
89 | - | | |
90 | - | ||
94 | + | 2. RANK FOR SWORN EMPLO YEES. 32 | |
95 | + | HOUSE BILL 1023 3 | |
91 | 96 | ||
92 | - | 3–207. | |
93 | 97 | ||
94 | - | ( | |
95 | - | ||
96 | - | ||
98 | + | (2) EACH LAW ENFORCEMENT AGENCY SHALL PROVIDE THE 1 | |
99 | + | DEPARTMENT WITH THE I NFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS 2 | |
100 | + | SUBSECTION IN THE FO RMAT THAT THE SECRETARY REQUIRES . 3 | |
97 | 101 | ||
98 | - | – 3 – | |
99 | - | administered to those officers] EACH SERIOUS OFFICER –INVOLVED INCIDENT EA CH | |
100 | - | YEAR, INCLUDING FOR EACH I NCIDENT: | |
102 | + | 3–201. 4 | |
101 | 103 | ||
102 | - | (I) THE NUMBER OF OFFICE RS INVOLVED BY RACE , ETHNICITY, | |
103 | - | AND SEX; | |
104 | + | (a) In this subtitle the following words have the meanings indicated. 5 | |
104 | 105 | ||
105 | - | ( | |
106 | - | ||
106 | + | (b) “Commission” means the Maryland Police Training and Standards 6 | |
107 | + | Commission. 7 | |
107 | 108 | ||
108 | - | (III) THE TYPE OF DISCIPLI NE ADMINISTERED TO E ACH | |
109 | - | OFFICER, BY THE OFFICER ’S RACE, ETHNICITY, AND SEX. | |
109 | + | 3–207. 8 | |
110 | 110 | ||
111 | - | Article – State Government | |
111 | + | (b) (1) The Commission shall develop a system by which law enforcement 9 | |
112 | + | agencies report to the Commission [on the number of serious officer–involved incidents 10 | |
113 | + | each year, the number of officers disciplined each year, and the type of discipline 11 | |
114 | + | administered to those officers] EACH SERIOUS OFFICER –INVOLVED INCIDENT EA CH 12 | |
115 | + | YEAR, INCLUDING FOR EACH I NCIDENT: 13 | |
112 | 116 | ||
113 | - | 2–1261. | |
117 | + | (I) THE NUMBER OF OFFICE RS INVOLVED BY RACE , ETHNICITY, 14 | |
118 | + | AND SEX; 15 | |
114 | 119 | ||
115 | - | (A) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF PUBLIC | |
116 | - | SAFETY AND CORRECTIONAL SERVICES SHALL SUBMIT TO THE DEPARTMENT , IN | |
117 | - | ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND | |
118 | - | DISAGGREGATED BY AGE , RACE, AND SEX, INFORMATION REQUIRED TO BE | |
119 | - | REPORTED TO THE GOVERNOR IN ACCORDANC E WITH § 3–207(A)(2) OF THE | |
120 | - | CORRECTIONAL SERVICES ARTICLE. | |
120 | + | (II) THE NUMBE R OF OFFICERS DISCIP LINED BY RACE , 16 | |
121 | + | ETHNICITY, AND SEX; AND 17 | |
121 | 122 | ||
122 | - | (B) (1) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF | |
123 | - | STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN ELECTRONIC F ORMAT, THE | |
124 | - | FOLLOWING INFORMATIO N PROVIDED IN THE CRIME IN MARYLAND REPORT AND | |
125 | - | HATE BIAS REPORT: | |
123 | + | (III) THE TYPE OF DISCIPLI NE ADMINISTERED TO E ACH 18 | |
124 | + | OFFICER, BY THE OFFICER’S RACE, ETHNICITY, AND SEX. 19 | |
126 | 125 | ||
127 | - | (I) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY | |
128 | - | INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON | |
129 | - | THE FOLLOWING CRIME CATEGORIES : | |
126 | + | Article – State Government 20 | |
130 | 127 | ||
131 | - | ||
128 | + | 2–1261. 21 | |
132 | 129 | ||
133 | - | 2. FORCIBLE RAPE ; | |
130 | + | (A) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF PUBLIC 22 | |
131 | + | SAFETY AND CORRECTIONAL SERVICES SHALL SUBMIT TO THE DEPARTMENT , IN 23 | |
132 | + | ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND 24 | |
133 | + | DISAGGREGATED BY AGE , RACE, AND SEX, INFORMATION REQUIRED TO BE 25 | |
134 | + | REPORTED TO THE GOVERNOR IN ACCORDANC E WITH § 3–207(A)(2) OF THE 26 | |
135 | + | CORRECTIONAL SERVICES ARTICLE. 27 | |
134 | 136 | ||
135 | - | 3. ROBBERY; | |
137 | + | (B) (1) ON OR BEFORE OCTOBER 31 EACH YEAR, THE DEPARTMENT OF 28 | |
138 | + | STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN ELECTRONIC FORMAT , THE 29 | |
139 | + | FOLLOWING INFORMATIO N PROVIDED IN THE CRIME IN MARYLAND REPORT AND 30 | |
140 | + | HATE BIAS REPORT: 31 | |
141 | + | 4 HOUSE BILL 1023 | |
136 | 142 | ||
137 | - | 4. ASSAULT; | |
138 | 143 | ||
139 | - | 5. BREAKING OR ENTERING ; | |
144 | + | (I) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY 1 | |
145 | + | INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON 2 | |
146 | + | THE FOLLOWING CRIME CATEGORIES: 3 | |
140 | 147 | ||
141 | - | 6. LARCENY OR THEFT ; | |
142 | - | Ch. 508 2022 LAWS OF MARYLAND | |
148 | + | 1. CRIMINAL HOMICIDE ; 4 | |
143 | 149 | ||
144 | - | – 4 – | |
145 | - | 7. MOTOR VEHICLE THEFT ; AND | |
150 | + | 2. FORCIBLE RAPE; 5 | |
146 | 151 | ||
147 | - | | |
152 | + | 3. ROBBERY; 6 | |
148 | 153 | ||
149 | - | (II) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY | |
150 | - | INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON | |
151 | - | ARRESTS, INCLUDING THE FOLLOW ING INFORMATION ON E ACH ARREST: | |
154 | + | 4. ASSAULT; 7 | |
152 | 155 | ||
153 | - | | |
156 | + | 5. BREAKING OR ENTERING ; 8 | |
154 | 157 | ||
155 | - | | |
158 | + | 6. LARCENY OR THEFT ; 9 | |
156 | 159 | ||
157 | - | | |
160 | + | 7. MOTOR VEHICLE THEFT ; AND 10 | |
158 | 161 | ||
159 | - | | |
162 | + | 8. ARSON; 11 | |
160 | 163 | ||
161 | - | 5. AGE, SEX, AND RACE OF INDIVIDU AL ARRESTED ; | |
164 | + | (II) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY 12 | |
165 | + | INCIDENT, COLLECTED THROUGH TH E UNIFORM CRIME REPORTING PROGRAM ON 13 | |
166 | + | ARRESTS, INCLUDING THE FOLLOW ING INFORMATION ON E ACH ARREST: 14 | |
162 | 167 | ||
163 | - | (III) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY | |
164 | - | INCIDENT, COLLECTED IN ACCORDA NCE WITH § 2–307 OF THE PUBLIC SAFETY | |
165 | - | ARTICLE; AND | |
168 | + | 1. OFFENSE; 15 | |
166 | 169 | ||
167 | - | (IV) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY | |
168 | - | POSITION AND RANK , ON THE TOTAL NUMBER OF LAW ENFORCEMENT E MPLOYEES, | |
169 | - | BOTH SWORN AND CIVIL IAN, INCLUDING RACE , ETHNICITY, AND SEX. | |
170 | + | 2. COUNTY; 16 | |
170 | 171 | ||
171 | - | (2) INFORMATION REQUIRED TO BE SUBMITTED UNDE R PARAGRAPH | |
172 | - | (1)(I) OF THIS SUBSECTION S HALL INCLUDE THE FOL LOWING INFORMATION F OR | |
173 | - | EACH INCIDENT : | |
172 | + | 3. LAW ENFORCEMENT AGEN CY; 17 | |
174 | 173 | ||
175 | - | | |
174 | + | 4. DATE; AND 18 | |
176 | 175 | ||
177 | - | | |
176 | + | 5. AGE, SEX, AND RACE OF INDIVIDU AL ARRESTED; 19 | |
178 | 177 | ||
179 | - | (III) AGENCY; | |
178 | + | (III) INFORMATION , DE–IDENTIFIED AND DISAGGREGATED BY 20 | |
179 | + | INCIDENT, COLLECTED IN ACCORDA NCE WITH § 2–307 OF THE PUBLIC SAFETY 21 | |
180 | + | ARTICLE; AND 22 | |
180 | 181 | ||
181 | - | (IV) AGE, RACE, ETHNICITY, AND SEX OF VICTIM ; | |
182 | + | (IV) INFORMATION , DE–IDENTIFIED AND DISAG GREGATED BY 23 | |
183 | + | POSITION AND RANK , ON THE TOTAL NUMBER OF LAW ENFORCEMENT E MPLOYEES, 24 | |
184 | + | BOTH SWORN AND CIVIL IAN, INCLUDING RACE, ETHNICITY, AND SEX. 25 | |
182 | 185 | ||
183 | - | (V) AGE, RACE, ETHNICITY, AND SEX OF OFFENDER ; | |
186 | + | (2) INFORMATION REQUIRED TO BE SUBMITTED UNDE R PARAGRAPH 26 | |
187 | + | (1)(I) OF THIS SUBSECTION S HALL INCLUDE THE FOL LOWING INFORMATION F OR 27 | |
188 | + | EACH INCIDENT : 28 HOUSE BILL 1023 5 | |
184 | 189 | ||
185 | - | (VI) CLEARANCE STATUS ; | |
186 | 190 | ||
187 | - | (VII) IF THE OFFENSE IS MU RDER: | |
188 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 508 | |
189 | 191 | ||
190 | - | – 5 – | |
191 | - | 1. WHETHER IT WAS DRUG –RELATED; | |
192 | + | (I) OFFENSE, INCLUDING OFFENSE SU BTYPE; 1 | |
192 | 193 | ||
193 | - | | |
194 | + | (II) DATE, COUNTY, ZIP CODE, AND INCIDENT LOCATION TYPE; 2 | |
194 | 195 | ||
195 | - | 3 | |
196 | + | (III) AGENCY; 3 | |
196 | 197 | ||
197 | - | ( | |
198 | + | (IV) AGE, RACE, ETHNICITY, AND SEX OF VICTIM ; 4 | |
198 | 199 | ||
199 | - | | |
200 | + | (V) AGE, RACE, ETHNICITY, AND SEX OF OFFENDER ; 5 | |
200 | 201 | ||
201 | - | | |
202 | + | (VI) CLEARANCE STATUS ; 6 | |
202 | 203 | ||
203 | - | | |
204 | + | (VII) IF THE OFFENSE IS MU RDER: 7 | |
204 | 205 | ||
205 | - | | |
206 | + | 1. WHETHER IT WAS DRUG –RELATED; 8 | |
206 | 207 | ||
207 | - | | |
208 | + | 2. RELATIONSHIP OF OFFE NDER TO VICTIM; AND 9 | |
208 | 209 | ||
209 | - | | |
210 | + | 3. CIRCUMSTANCES ; 10 | |
210 | 211 | ||
211 | - | | |
212 | + | (VIII) IF THE OFFENSE IS A DOMESTIC CRIME : 11 | |
212 | 213 | ||
213 | - | | |
214 | + | 1. HOUSEHOLD STATUS AND RELATIONSHIP ; 12 | |
214 | 215 | ||
215 | - | | |
216 | + | 2. ASSOCIATED CRIMES , IF ANY; 13 | |
216 | 217 | ||
217 | - | | |
218 | + | 3. ALCOHOL OR DRUG INVO LVEMENT, IF ANY; AND 14 | |
218 | 219 | ||
219 | - | (B) (1) ON OR BEFORE NOVEMBER 30 EACH YEAR, THE DEPARTMENT OF | |
220 | - | STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN A FORMAT THAT THE | |
221 | - | EXECUTIVE DIRECTOR REQUIRES , THE INFORMATION COLL ECTED IN ACCORDANCE | |
222 | - | WITH § 2–307(A)(2) OF THE PUBLIC SAFETY ARTICLE. | |
220 | + | 4. CIRCUMSTANCES ; 15 | |
223 | 221 | ||
224 | - | (2) ON OR BEFORE AUGUST 1, 2022, THE DEPARTMENT OF STATE | |
225 | - | POLICE AND THE DEPARTMENT SHALL ENTE R INTO A MEMORANDUM OF | |
226 | - | UNDERSTANDING , THE TERMS OF WHICH S HALL INCLUDE : | |
222 | + | (IX) IF THE OFFENSE IS MO TOR VEHICLE THEFT , VEHICLE TYPE; 16 | |
227 | 223 | ||
228 | - | (I) A DATA SHARING AGREE MENT FOR ALL INF ORMATION | |
229 | - | COLLECTED IN ACCORDA NCE WITH § 2–307 OF THE PUBLIC SAFETY ARTICLE; | |
224 | + | (X) IF THE OFFENSE IS CA RJACKING: 17 | |
230 | 225 | ||
231 | - | (II) A WORK PLAN FOR ACCE SS TO COLLECTED DATA FOR | |
232 | - | RESEARCH AND STATIST ICAL ANALYSIS PURPOS ES; | |
233 | - | Ch. 508 2022 LAWS OF MARYLAND | |
226 | + | 1. DAY OF THE WEEK AND HOUR OF THE DAY ; 18 | |
234 | 227 | ||
235 | - | – 6 – | |
236 | - | (III) A LISTING OF ALL DAT A FIELDS COLLECTED F OR THE CRIME | |
237 | - | IN MARYLAND REPORT AND THE HATE BIAS REPORT; AND | |
228 | + | 2. ACCOSTING SITUATION ; AND 19 | |
238 | 229 | ||
239 | - | (IV) AN UPDATE ON THE STA TUS OF COMPLIANCE WI TH THE | |
240 | - | NATIONAL INCIDENT–BASED REPORTING SYSTEM BY LAW ENFORCE MENT | |
241 | - | AGENCIES IN THE STATE. | |
230 | + | 3. VICTIM INJURIES, IF ANY; AND 20 | |
242 | 231 | ||
243 | - | (C) ON OR BEFORE OCTOBER 31 EACH YEAR, THE MARYLAND POLICE | |
244 | - | TRAINING AND STANDARDS COMMISSION SHALL SUBMI T TO THE DEPARTMENT , IN | |
245 | - | ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND | |
246 | - | DISAGGREGATED BY AGE NCY AND INCIDENT : | |
232 | + | (XI) IF THE OFFENSE IS ARSON, TYPE OF PROPERTY . 21 | |
247 | 233 | ||
248 | - | (1) (I) INFORMATION REQUIRED TO BE REPORTED TO TH E | |
249 | - | GENERAL ASSEMBLY IN ACCORDANC E WITH § 3–514(B)(1) OF THE PUBLIC SAFETY | |
250 | - | ARTICLE; AND | |
234 | + | (B) (1) ON OR BEFORE NOVEMBER 30 EACH YEAR, THE DEPARTMENT OF 22 | |
235 | + | STATE POLICE SHALL SUBMIT T O THE DEPARTMENT , IN A FORMAT THAT THE 23 6 HOUSE BILL 1023 | |
251 | 236 | ||
252 | - | (II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH USE | |
253 | - | OF FORCE INCIDENT : | |
254 | 237 | ||
255 | - | ||
256 | - | ||
238 | + | EXECUTIVE DIRECTOR REQUIRES , THE INFORMATION COLL ECTED IN ACCORDANCE 1 | |
239 | + | WITH § 2–307(A)(2) OF THE PUBLIC SAFETY ARTICLE. 2 | |
257 | 240 | ||
258 | - | 2. THE AGE, GENDER, ETHNICITY, AND RACE OF EACH | |
259 | - | POLICE OFFICER INVOL VED IN THE INCIDENT ; | |
241 | + | (2) ON OR BEFORE AUGUST 1, 2022, THE DEPARTMENT OF STATE 3 | |
242 | + | POLICE AND THE DEPARTMENT SHALL ENTE R INTO A MEMORANDUM OF 4 | |
243 | + | UNDERSTANDING , THE TERMS OF WHICH S HALL INCLUDE : 5 | |
260 | 244 | ||
261 | - | | |
262 | - | ||
245 | + | (I) A DATA SHARING AGREE MENT FOR ALL INFORMA TION 6 | |
246 | + | COLLECTED IN ACCORDANCE WITH § 2–307 OF THE PUBLIC SAFETY ARTICLE; 7 | |
263 | 247 | ||
264 | - | | |
265 | - | AND | |
248 | + | (II) A WORK PLAN FOR ACCE SS TO COLLECTED DATA FOR 8 | |
249 | + | RESEARCH AND STATIST ICAL ANALYSIS PURPOS ES; 9 | |
266 | 250 | ||
267 | - | ( | |
268 | - | ||
251 | + | (III) A LISTING OF ALL DAT A FIELDS COLLECTED F OR THE CRIME 10 | |
252 | + | IN MARYLAND REPORT AND THE HATE BIAS REPORT; AND 11 | |
269 | 253 | ||
270 | - | (II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH | |
271 | - | SERIOUS OFFICER –INVOLVED INCIDENT : | |
254 | + | (IV) AN UPDATE ON THE STA TUS OF COMPLIANCE WI TH THE 12 | |
255 | + | NATIONAL INCIDENT–BASED REPORTING SYSTEM BY LAW ENFORCE MENT 13 | |
256 | + | AGENCIES IN THE STATE. 14 | |
272 | 257 | ||
273 | - | 1. THE NUMBER OF OFFICE RS INVOLVED BY RACE , | |
274 | - | ETHNICITY, AND SEX; | |
258 | + | (C) ON OR BEFORE OCTOBER 31 EACH YEAR, THE MARYLAND POLICE 15 | |
259 | + | TRAINING AND STANDARDS COMMISSION SHALL SUBM IT TO THE DEPARTMENT , IN 16 | |
260 | + | ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, DE–IDENTIFIED AND 17 | |
261 | + | DISAGGREGATED BY AGE NCY AND INCIDENT : 18 | |
275 | 262 | ||
276 | - | | |
277 | - | ||
278 | - | ||
263 | + | (1) (I) INFORMATION REQUIRED TO BE REPORTED TO TH E 19 | |
264 | + | GENERAL ASSEMBLY IN ACCORDANC E WITH § 3–514(B)(1) OF THE PUBLIC SAFETY 20 | |
265 | + | ARTICLE; AND 21 | |
279 | 266 | ||
280 | - | – 7 – | |
281 | - | 3. THE TYPE OF DISCIPLI NE ADMINISTERED BY R ACE, | |
282 | - | ETHNICITY, AND SEX. | |
267 | + | (II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH USE 22 | |
268 | + | OF FORCE INCIDENT : 23 | |
283 | 269 | ||
284 | - | (D) ON OR BEFORE OCTOBER 31 EACH YEAR, THE GOVERNOR’S OFFICE OF | |
285 | - | CRIME PREVENTION, YOUTH, AND VICTIM SERVICES SHALL SUBMIT TO THE | |
286 | - | DEPARTMENT , IN ELECTRONIC FORMAT THE FORM OF ELECTRONIC RAW DATA, | |
287 | - | DE–IDENTIFIED AND DISAG GREGATED BY INCIDENT , INFORMATION COLLECTE D IN | |
288 | - | ACCORDANCE WITH : | |
270 | + | 1. THE AGE, GENDER, ETHNICITY, AND RACE OF EACH 24 | |
271 | + | INDIVIDUAL INVOLVED IN THE INCIDENT; 25 | |
289 | 272 | ||
290 | - | (1) § 3–528 OF THE PUBLIC SAFETY ARTICLE; AND | |
273 | + | 2. THE AGE, GENDER, ETHNICITY, AND RACE OF EACH 26 | |
274 | + | POLICE OFFICER INVOL VED IN THE INCIDENT; 27 | |
291 | 275 | ||
292 | - | (2) § 25–113 OF THE TRANSPORTATION ARTICLE. | |
276 | + | 3. A BRIEF DESCRIPTION OF THE CIRCUMSTANCES 28 | |
277 | + | SURROUNDING THE INCI DENT; AND 29 | |
293 | 278 | ||
294 | - | | |
295 | - | ||
296 | - | ||
279 | + | 4. THE DATE, TIME, AND LOCATION OF THE INCIDENT; 30 | |
280 | + | AND 31 | |
281 | + | HOUSE BILL 1023 7 | |
297 | 282 | ||
298 | - | (1) THE PROVISION OF VAR IOUS CUSTOM REPORTS TO THE | |
299 | - | DEPARTMENT , INCLUDING INFORMATIO N, DE–IDENTIFIED AND DISAG GREGATED | |
300 | - | BY JUVENILE, RELATING TO THE JUVE NILE’S RECORD OF: | |
301 | 283 | ||
302 | - | (I) DELINQUENCY ; | |
284 | + | (2) (I) INFORMATION REQUIRED TO BE COLLECTED IN 1 | |
285 | + | ACCORDANCE WITH § 3–207(B) OF THE PUBLIC SAFETY ARTICLE; AND. 2 | |
303 | 286 | ||
304 | - | (II) COURT ACTIONS ; | |
287 | + | (II) THE FOLLOWING ADDITI ONAL INFORMATION ON EACH 3 | |
288 | + | SERIOUS OFFICER –INVOLVED INCIDENT : 4 | |
305 | 289 | ||
306 | - | (III) SUPERVISION; AND | |
290 | + | 1. THE NUMBER OF OFFICE RS INVOLVED BY RACE , 5 | |
291 | + | ETHNICITY, AND SEX; 6 | |
307 | 292 | ||
308 | - | (IV) PLACEMENT ; AND | |
293 | + | 2. THE NUMBER OF OFFICE RS DISCIPLINED BY RA CE, 7 | |
294 | + | ETHNICITY, AND SEX; AND 8 | |
309 | 295 | ||
310 | - | (2) THE DEVELOPMENT OF A WORK PLAN BY THE DEPARTMENT OF | |
311 | - | JUVENILE SERVICES REGARDING EF FORTS TO INCLUDE SPE CIFIC RACE AND | |
312 | - | ETHNICITY DATA FOR I NDIVIDUAL JUVENILES . | |
296 | + | 3. THE TYPE OF DISCIPLI NE ADMINISTERED BY R ACE, 9 | |
297 | + | ETHNICITY, AND SEX. 10 | |
313 | 298 | ||
314 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June | |
315 | - | 1, 2022. | |
299 | + | (D) ON OR BEFORE OCTOBER 31 EACH YEAR, THE GOVERNOR’S OFFICE OF 11 | |
300 | + | CRIME PREVENTION, YOUTH, AND VICTIM SERVICES SHALL SUBMIT TO THE 12 | |
301 | + | DEPARTMENT , IN ELECTRONIC FORMAT THE FORM OF ELECTRON IC RAW DATA, 13 | |
302 | + | DE–IDENTIFIED AND DISAG GREGATED BY INCIDENT , INFORMATION COLLECTE D IN 14 | |
303 | + | ACCORDANCE WITH : 15 | |
316 | 304 | ||
317 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read | |
318 | - | as follows: | |
305 | + | (1) § 3–528 OF THE PUBLIC SAFETY ARTICLE; AND 16 | |
319 | 306 | ||
320 | - | Article | |
307 | + | (2) § 25–113 OF THE TRANSPORTATION ARTICLE. 17 | |
321 | 308 | ||
322 | - | 3–514. | |
323 | - | Ch. 508 2022 LAWS OF MARYLAND | |
309 | + | (E) ON OR BEFORE JULY AUGUST 1, 2022, THE DEPARTMENT OF JUVENILE 18 | |
310 | + | SERVICES AND THE DEPARTMENT SHALL ENTE R INTO A MEMORANDUM OF 19 | |
311 | + | UNDERSTANDING , THE TERMS OF WHICH S HALL INCLUDE : 20 | |
324 | 312 | ||
325 | - | – 8 – | |
326 | - | (a) (1) Each law enforcement agency shall require a police officer who was | |
327 | - | involved in a use of force incident in the line of duty to file an incident report regarding the | |
328 | - | use of force by the end of the officer’s shift unless the officer is disabled. | |
313 | + | (1) THE PROVISION OF VAR IOUS CUSTOM REPORTS TO THE 21 | |
314 | + | DEPARTMENT , INCLUDING INFORMATIO N, DE–IDENTIFIED AND DISAG GREGATED 22 | |
315 | + | BY JUVENILE, RELATING TO THE JUVENILE’S RECORD OF: 23 | |
329 | 316 | ||
330 | - | (2) THE INCIDENT REPORT R EQUIRED UNDER PARAGR APH (1) OF | |
331 | - | THIS SUBSECTION SHAL L INCLUDE: | |
317 | + | (I) DELINQUENCY ; 24 | |
332 | 318 | ||
333 | - | ( | |
319 | + | (II) COURT ACTIONS ; 25 | |
334 | 320 | ||
335 | - | ( | |
321 | + | (III) SUPERVISION; AND 26 | |
336 | 322 | ||
337 | - | ( | |
323 | + | (IV) PLACEMENT ; AND 27 | |
338 | 324 | ||
339 | - | (IV) WHETHER THE INDIVIDU AL AGAINST WHOM FORCE WAS | |
340 | - | USED WAS ARRESTED ; | |
325 | + | (2) THE DEVELOPMENT OF A WORK PLAN BY THE DEPARTMENT OF 28 | |
326 | + | JUVENILE SERVICES REGARDING EF FORTS TO INCLUDE SPE CIFIC RACE AND 29 | |
327 | + | ETHNICITY DATA FOR INDIVIDUAL JUVENILES. 30 8 HOUSE BILL 1023 | |
341 | 328 | ||
342 | - | (V) WHAT CHARGES , IF ANY, FOR WHICH THE INDIVI DUAL | |
343 | - | AGAINST WHOM FORCE W AS USED WAS ARRESTED ; | |
344 | 329 | ||
345 | - | (VI) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS | |
346 | - | USED REQUESTED OR RE QUIRED MEDICAL CARE ; | |
347 | 330 | ||
348 | - | | |
349 | - | ||
331 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1 | |
332 | + | 1, 2022. 2 | |
350 | 333 | ||
351 | - | (VIII) DEMOGRAPHIC INFORMAT ION ABOUT ANY INDIVI DUALS | |
352 | - | AGAINST WHOM FORCE W AS USED AND ANY LAW ENFORCEMENT OFFICER INVOLVED | |
353 | - | IN THE INCIDENT, INCLUDING RACE , ETHNICITY, GENDER, AND AGE. | |
334 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3 | |
335 | + | as follows: 4 | |
354 | 336 | ||
355 | - | (b) (1) On or before [March 1] JULY 1, 2023, AND JULY 1 each year | |
356 | - | THEREAFTER , each law enforcement agency shall submit to the Maryland Police Training | |
357 | - | and Standards Commission the [number of use of force complaints made against its police | |
358 | - | officers during] AGGREGATE DATA OF POLICE OFFICERS ’ USE OF FORCE REPORTE D | |
359 | - | IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION FOR the previous calendar | |
360 | - | year, aggregated by numbers of complaints administratively charged, not charged, | |
361 | - | unfounded, and exonerated. | |
337 | + | Article – Public Safety 5 | |
362 | 338 | ||
363 | - | SECTION 3. AND BE IT FURTHE R ENACTED, That Section 2 of this Act shall take | |
364 | - | effect July 1, 2022, the effective date of Chapter 59 of the Acts of the General Assembly of | |
365 | - | 2021. If the effective date of Chapter 59 is amended, Section 2 of this Act shall take effect | |
366 | - | on the taking effect of Chapter 59. | |
339 | + | 3–514. 6 | |
367 | 340 | ||
368 | - | SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section | |
369 | - | 3 of this Act, this Act shall take effect July 1, 2022. LAWRENCE J. HOGAN, JR., Governor Ch. 508 | |
341 | + | (a) (1) Each law enforcement agency shall require a police officer who was 7 | |
342 | + | involved in a use of force incident in the line of duty to file an incident report regarding the 8 | |
343 | + | use of force by the end of the officer’s shift unless the officer is disabled. 9 | |
370 | 344 | ||
371 | - | – 9 – | |
345 | + | (2) THE INCIDENT RE PORT REQUIRED UNDER PARAGRAPH (1) OF 10 | |
346 | + | THIS SUBSECTION SHAL L INCLUDE: 11 | |
372 | 347 | ||
373 | - | Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022. | |
348 | + | (I) THE TYPE OF ENCOUNTE R; 12 | |
349 | + | ||
350 | + | (II) THE TYPE OF FORCE US ED; 13 | |
351 | + | ||
352 | + | (III) THE LOCATION OF THE INCIDENT WHERE FORCE WAS USED; 14 | |
353 | + | ||
354 | + | (IV) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 15 | |
355 | + | USED WAS ARRESTED; 16 | |
356 | + | ||
357 | + | (V) WHAT CHARGES , IF ANY, FOR WHICH THE INDIVI DUAL 17 | |
358 | + | AGAINST WHOM FORCE W AS USED WAS ARRESTED ; 18 | |
359 | + | ||
360 | + | (VI) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 19 | |
361 | + | USED REQUESTED OR RE QUIRED MEDICAL CARE ; 20 | |
362 | + | ||
363 | + | (VII) WHETHER THE LAW ENFO RCEMENT OFFICER REQUESTED 21 | |
364 | + | OR REQUIRED MEDICAL CARE; AND 22 | |
365 | + | ||
366 | + | (VIII) DEMOGRAPHIC INFORMAT ION ABOUT ANY INDIVI DUALS 23 | |
367 | + | AGAINST WHOM FORCE W AS USED AND ANY LAW ENFORCEMENT OFFICER INVOLVED 24 | |
368 | + | IN THE INCIDENT, INCLUDING RACE , ETHNICITY, GENDER, AND AGE. 25 | |
369 | + | ||
370 | + | (b) (1) On or before [March 1] JULY 1, 2023, AND JULY 1 each year 26 | |
371 | + | THEREAFTER , each law enforcement agency shall submit to the Maryland Police Training 27 | |
372 | + | and Standards Commission the [number of use of force complaints made against its police 28 | |
373 | + | officers during] AGGREGATE DATA OF PO LICE OFFICERS’ USE OF FORCE REPORTE D 29 | |
374 | + | IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION FOR the previous calendar 30 HOUSE BILL 1023 9 | |
375 | + | ||
376 | + | ||
377 | + | year, aggregated by numbers of complaints administratively charged, not charged, 1 | |
378 | + | unfounded, and exonerated. 2 | |
379 | + | ||
380 | + | SECTION 3. AND BE IT FURTHER ENACTED, Th at Section 2 of this Act shall take 3 | |
381 | + | effect July 1, 2022, the effective date of Chapter 59 of the Acts of the General Assembly of 4 | |
382 | + | 2021. If the effective date of Chapter 59 is amended, Section 2 of this Act shall take effect 5 | |
383 | + | on the taking effect of Chapter 59. 6 | |
384 | + | ||
385 | + | SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 7 | |
386 | + | 3 of this Act, this Act shall take effect July 1, 2022. 8 | |
387 | + | ||
388 | + | ||
389 | + | ||
390 | + | ||
391 | + | Approved: | |
392 | + | ________________________________________________________________________________ | |
393 | + | Governor. | |
394 | + | ________________________________________________________________________________ | |
395 | + | Speaker of the House of Delegates. | |
396 | + | ________________________________________________________________________________ | |
397 | + | President of the Senate. |