EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb1044*
HOUSE BILL 1044
E4 2lr3090
CF SB 752
By: Delegates Williams, Atterbeary, and Moon
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Use of Force Incident Reports 2
FOR the purpose of altering a reporting requirement applicable to a law enforcement officer 3
or police officer involved in a use of force incident in the line of duty; requiring a local 4
law enforcement agency to publish certain information on its public website; and 5
generally relating to use of force incident reports. 6
BY repealing and reenacting, with amendments, 7
Article – Public Safety 8
Section 3–514 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Public Safety 13
Section 3–514 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Public Safety 20
3–514. 21
(A) (1) Each law enforcement agency shall require a law enforcement officer 22
who was involved in a use of force incident in the line of duty to file an incident report 23
regarding the use of force by the end of the officer’s shift unless the officer is disabled. 24 2 HOUSE BILL 1044
(2) THE INCIDENT REPORT S HALL INCLUDE : 1
(I) THE TYPE OF EN COUNTER; 2
(II) THE TYPE OF FORCE US ED; 3
(III) THE LOCATION AT WHIC H FORCE WAS USED ; 4
(IV) THE LAW ENFORCEMENT OFFICER’S JUSTIFICATION FOR 5
THE USE OF FORCE; 6
(V) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 7
USED WAS ARRESTED ; 8
(VI) WHAT CHARGES THE IND IVIDUAL AGAINST WHOM FORCE 9
WAS USED WAS ARRESTED FOR , IF ANY; 10
(VII) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 11
USED REQUESTED MEDIC AL CARE; 12
(VIII) WHETHER THE LAW ENFORCEMENT OFFICER REQUESTED 13
MEDICAL CARE ; AND 14
(IX) THE DEMOGRAPHIC INFO RMATION ABOUT ANY LAW 15
ENFORCEMENT OFFICER INVOLVED IN AND INDIVIDUALS SUBJECT TO THE USE OF 16
FORCE, INCLUDING: 17
1. RACE; 18
2. ETHNICITY; 19
3. GENDER; 20
4. AGE; AND 21
5. DISABILITY. 22
(B) (1) ON OR BEFORE JULY 1, 2024, AND ANNUALLY THEREAF TER, EACH 23
LOCAL LAW ENFORCEMEN T AGENCY SHALL PUBLI SH ON ITS PUBLIC WEBSITE THE 24
AGGREGATE DATA OF PO LICE OFFICERS ’ USE OF FORCE REPORTE D UNDER 25
SUBSECTION (A) OF THIS SECTION. 26
HOUSE BILL 1044 3
(2) ON OR BEFORE JANUARY 1, 2023, AND EVERY 3 MONTHS 1
THEREAFTER , EACH LOCAL LAW ENFORC EMENT AGENCY SHALL P UBLISH ON ITS 2
PUBLIC WEBSITE THE TOTAL NUMBER OF USE OF FORCE INCIDEN TS REPORTED 3
UNDER SUBSECTION (A) OF THIS SECTION FOR THE PRECEDING 3 MONTHS IN WHICH 4
THE LOCAL LAW ENFORCEMEN T AGENCY DETERMINED THAT : 5
(I) THE USE OF FORCE WAS CONSISTENT WITH ITS POLICIES 6
AND APPLICABLE LAWS ; AND 7
(II) THE USE OF FORCE WAS NOT CONSISTENT WITH ITS 8
POLICIES AND APPLICA BLE LAWS. 9
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
as follows: 11
Article – Public Safety 12
3–514. 13
(a) (1) Each law enforcement agency shall require a police officer who was 14
involved in a use of force incident in the line of duty to file an incident report regarding the 15
use of force by the end of the officer’s shift unless the officer is disabled. 16
(2) THE INCIDENT REPORT S HALL INCLUDE : 17
(I) THE TYPE OF ENCOUNTE R; 18
(II) THE TYPE OF FORCE US ED; 19
(III) THE LOCATION AT WHICH FO RCE WAS USED; 20
(IV) THE LAW ENFORCEMENT OFFICER’S JUSTIFICATION FOR 21
USE OF FORCE; 22
(V) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 23
USED WAS ARRESTED ; 24
(VI) WHAT CHARGES THE IND IVIDUAL AGAINST WHOM FORCE 25
WAS USED WAS ARREST ED FOR, IF ANY; 26
(VII) WHETHER THE INDIVIDU AL AGAINST WHOM FORCE WAS 27
USED REQUESTED MEDIC AL CARE; 28
4 HOUSE BILL 1044
(VIII) WHETHER THE LAW ENFORCEMENT OFFICER REQUESTED 1
MEDICAL CARE ; AND 2
(IX) THE DEMOGRAPHIC INFO RMATION ABOUT ANY LAW 3
ENFORCEMENT OFFICER INVOLVED IN AND INDIVIDUALS SUBJ ECT TO THE USE OF 4
FORCE, INCLUDING: 5
1. RACE 6
2. ETHNICITY; 7
3. GENDER; 8
4. AGE; AND 9
5. DISABILITY. 10
(b) (1) ON OR BEFORE JULY 1, 2024, AND ANNUALLY THEREAF TER, EACH 11
LOCAL LAW ENFORCEMEN T AGENCY SHALL PUBLI SH ON ITS PUBLIC WEBSITE THE 12
AGGREGATE DATA OF PO LICE OFFICERS ’ USE OF FORCE REPORTE D UNDER 13
SUBSECTION (A) OF THIS SECTION. 14
(2) ON OR BEFORE JANUARY 1, 2023, AND EVERY 3 MONTHS 15
THEREAFTER , EACH LOCAL LAW ENFOR CEMENT AGENCY SHALL PUBLISH ON ITS 16
PUBLIC WEBSITE THE TOTAL NUMBER OF USE OF FORCE INCIDEN TS REPORTED 17
UNDER SUBSECTION (A) OF THIS SECTION FOR THE PRECEDING 3 MONTHS IN WHICH 18
THE LOCAL LAW ENFORCEMENT AGEN CY DETERMINED THAT: 19
(I) THE USE OF FORCE WAS CONSISTENT WITH ITS POLICIES 20
AND APPLICABLE LAWS ; AND 21
(II) THE USE OF FORCE WAS NOT CONSISTENT WITH ITS 22
POLICIES AND APPLICA BLE LAWS. 23
(3) On or before March 1 each year, each law enforcement agency shall 24
submit to the Maryland Police Training and Standards Commission the number of use of 25
force complaints made against its police officers during the previous calendar year, 26
aggregated by numbers of complaints administratively charged, not charged, unfounded, 27
and exonerated. 28
[(2)] (4) On or before July 15 each year, the Maryland Police Training and 29
Standards Commission shall post on its website and submit to the General Assembly, in 30
accordance with § 2–1257 of the State Government Article, a compendium of the 31 HOUSE BILL 1044 5
information submitted by law enforcement agencies under paragraph [(1)] (3) of this 1
subsection. 2
[(3)] (5) If a law enforcement agency has not submitted the report 3
required under paragraph [(1)] (3) of this subsection by July 1 for the previous calendar 4
year, the Governor’s Office of Crime Prevention, Youth, and Victim Services may not make 5
any grant funds available to that law enforcement agency. 6
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 7
effect October 1, 2022. It shall remain effective until the taking effect of Section 2 of this 8
Act. If Section 2 of this Act takes effect, Section 1 of this Act, with no further action required 9
by the General Assembly, shall be abrogated and of no further force and effect. 10
SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 11
effect July 1, 2022 the effective date of Chapter 59 of the Acts of the General Assembly of 12
2021. If the effective date of Chapter 59 is amended, Section 2 of this Act shall take effect 13
on the taking effect of Chapter 59. 14
SECTION 5. AND BE IT FURTHER ENACTED, That, subject to the provisions of 15
Sections 3 and 4 of this Act, this Act shall take effect July 1, 2022. 16