EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0162*
HOUSE BILL 162
E4 2lr1097
(PRE–FILED)
By: Delegate J. Lewis
Requested: October 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Law Enforcement – Body–Worn Cameras 2
FOR the purpose of requiring and authorizing the Maryland Police Training and Standards 3
Commission to take certain actions relating to body–worn cameras, including adding 4
certain misconduct to a certain disciplinary matrix, adopting certain policies, 5
providing certain training, and conducting certain audits; requiring certain law 6
enforcement agencies in the State to require the use of body–worn cameras by certain 7
law enforcement officers on or before a certain date and adopt certain policies 8
relating to disclosure of recordings and data; requiring the Department of Public 9
Safety and Correctional Services, in coordination with the Department of 10
Information Technology and the Commission, to negotiate certain contracts for 11
certain law enforcement agencies and to establish and administer a certain 12
statewide uniform storage and access system for certain body–worn camera data; 13
requiring the Department of Public Safety and Correctional Services to be 14
responsible for certain costs and expenses related to the use of body–worn cameras 15
by certain law enforcement agencies; authorizing the Commission to request that the 16
Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim 17
Services condition certain funding on certain action by a certain law enforcement 18
agency; and generally relating to law enforcement and body–worn cameras. 19
BY repealing and reenacting, without amendments, 20
Article – Public Safety 21
Section 3–101 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2021 Supplement) 24
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 25
BY repealing and reenacting, with amendments, 26
Article – Public Safety 27
Section 3–105 28 2 HOUSE BILL 162
Annotated Code of Maryland 1
(2018 Replacement Volume and 2021 Supplement) 2
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 3
BY repealing and reenacting, without amendments, 4
Article – Public Safety 5
Section 3–201(a) and (d) 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2021 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Public Safety 10
Section 3–511 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
(As enacted by Chapter 60 of the Acts of the General Assembly of 2021) 14
BY adding to 15
Article – Public Safety 16
Section 3–511.1 through 3–511.6 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Public Safety 22
3–101. 23
(a) In this title the following words have the meanings indicated. 24
(b) “Administratively charged” means that a police officer has been formally 25
accused of misconduct in an administrative proceeding. 26
(c) “Disciplinary matrix” means a written, consistent, progressive, and 27
transparent tool or rubric that provides ranges of disciplinary actions for different types of 28
misconduct. 29
(d) “Exonerated” means that a police officer acted in accordance with the law and 30
agency policy. 31
(e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 32
(f) “Not administratively charged” means that a determination has been made 33
not to administratively charge a police officer in connection with alleged misconduct. 34
HOUSE BILL 162 3
(g) “Police misconduct” means a pattern, a practice, or conduct by a police officer 1
or law enforcement agency that includes: 2
(1) depriving persons of rights protected by the constitution or laws of the 3
State or the United States; 4
(2) a violation of a criminal statute; and 5
(3) a violation of law enforcement agency standards and policies. 6
(h) “Police officer” has the meaning stated in § 3–201 of this title. 7
(i) “Serious physical injury” has the meaning stated in § 3–201 of the Criminal 8
Law Article. 9
(j) “Superior governmental authority” means the governing body that oversees a 10
law enforcement agency. 11
(k) “Unfounded” means that the allegations against a police officer are not 12
supported by fact. 13
3–105. 14
(a) (1) The Maryland Police Training and Standards Commission shall 15
develop and adopt, by regulation, a model uniform disciplinary matrix for use by each law 16
enforcement agency in the State. 17
(2) THE MODEL UNIFORM DIS CIPLINARY MATRIX DEV ELOPED UNDER 18
PARAGRAPH (1) OF THIS SUBSECTION S HALL ADDRESS MISCONDUCT RELATED T O 19
THE IMPROPER USE OF BODY–WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY . 20
(b) Each law enforcement agency shall adopt the uniform State disciplinary 21
matrix. 22
(c) (1) Within 15 days after an administrative charging committee issues an 23
administrative charge against a police officer, the chief of the law enforcement agency shall 24
offer discipline to the police officer who has been administratively charged in accordance 25
with the disciplinary matrix. 26
(2) The chief may offer the same discipline that was recommended by the 27
administrative charging committee or a higher degree of discipline within the applicable 28
range of the disciplinary matrix, but may not deviate below the discipline recommended by 29
the administrative charging committee. 30
(3) If the police officer accepts the chief’s offer of discipline, then the offered 31
discipline shall be imposed. 32
4 HOUSE BILL 162
(4) If the police officer does not accept the chief’s offer of discipline, then 1
the matter shall be referred to a trial board. 2
(5) At least 30 days before a trial board proceeding begins, the police officer 3
shall be: 4
(i) provided a copy of the investigatory record; 5
(ii) notified of the charges against the police officer; and 6
(iii) notified of the disciplinary action being recommended. 7
3–201. 8
(a) In this subtitle the following words have the meanings indicated. 9
(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 10
office, or security force or law enforcement organization of the State, a county, or a 11
municipal corporation that by statute, ordinance, or common law is authorized to enforce 12
the general criminal laws of the State. 13
(2) “Law enforcement agency” does not include members of the Maryland 14
National Guard who: 15
(i) are under the control and jurisdiction of the Military 16
Department; 17
(ii) are assigned to the military property designated as the Martin 18
State Airport; and 19
(iii) are charged with exercising police powers in and for the Martin 20
State Airport. 21
3–511. 22
(a) In this section, “law enforcement agency” has the meaning stated in § 3–201 23
of this title. 24
(b) On or before January 1, 2016, the Maryland Police Training and Standards 25
Commission shall develop and publish online a policy for the issuance and use of a 26
body–worn camera by a law enforcement officer that addresses: 27
(1) the testing of body–worn cameras to ensure adequate functioning; 28
(2) the procedure for the law enforcement officer to follow if the camera 29
fails to properly operate at the beginning of or during the law enforcement officer’s shift; 30
HOUSE BILL 162 5
(3) when recording is mandatory; 1
(4) when recording is prohibited; 2
(5) when recording is discretionary; 3
(6) when recording may require consent of a subject being recorded; 4
(7) when a recording may be ended; 5
(8) providing notice of recording; 6
(9) access to and confidentiality of recordings; 7
(10) the secure storage of data from a body–worn camera; 8
(11) review and use of recordings; 9
(12) retention of recordings; 10
(13) dissemination and release of recordings; 11
(14) consequences for violations of the agency’s body–worn camera policy; 12
(15) notification requirements when another individual becomes a party to 13
the communication following the initial notification; 14
(16) specific protections for individuals when there is an expectation of 15
privacy in private or public places; and 16
(17) any additional issues determined to be relevant in the implementation 17
and use of body–worn cameras by law enforcement officers. 18
(c) (1) (i) This paragraph applies to: 19
1. the Department of State Police; 20
2. the Anne Arundel County Police Department; 21
3. the Howard County Police Department; and 22
4. the Harford County Sheriff’s Office. 23
(ii) On or before July 1, 2023, a law enforcement agency to which this 24
paragraph applies shall require the use of body–worn cameras, subject to the policy on the 25
use of body–worn cameras developed by the law enforcement agency, by each law 26
enforcement officer employed by the law enforcement agency who regularly interacts with 27 6 HOUSE BILL 162
members of the public as part of the law enforcement officer’s official duties. 1
(2) On or before July 1, 2025, [a] ALL law enforcement [agency of a county] 2
AGENCIES, other than a law enforcement agency described in paragraph (1) of this 3
subsection, shall require the use of body–worn cameras, subject to the policy on the use of 4
body–worn cameras developed by the law enforcement agency, by each law enforcement 5
officer employed by the law enforcement agency who regularly interacts with members of 6
the public as part of the law enforcement officer’s official duties. 7
(d) (1) A law enforcement agency described in subsection (c) of this section 8
shall develop and maintain a written policy consistent with the policy published by the 9
Maryland Police Training and Standards Commission under subsection (b) of this section 10
for the use of body–worn cameras. 11
(2) A policy developed and maintained under paragraph (1) of this 12
subsection shall specify which law enforcement officers employed by the law enforcement 13
agency are required to use body–worn cameras. 14
(e) A body–worn camera that possesses the requisite technological capability 15
shall automatically record and save at least 60 seconds of video footage immediately prior 16
to the officer activating the record button on the device. 17
(f) A law enforcement agency may not negate or alter any of the requirements or 18
policies established in accordance with this section through collective bargaining. 19
(G) (1) THE MARYLAND POLICE TRAINING AND STANDARDS 20
COMMISSION MAY PROVIDE TRAINING TO LAW ENFORCEMENT OFFI CERS AND LAW 21
ENFORCEMENT AGENC Y EMPLOYEES REGARDING BODY –WORN CAMERA POLICIES 22
AND THE USE OF BO DY–WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY . 23
(2) THE TRAINING PROVIDED BY THE MARYLAND POLICE TRAINING 24
AND STANDARDS COMMISSION UNDER PARAGRAPH (1) OF THIS SUBSECTION M AY 25
BE IN COORDINATION WITH ANY TRAINING OFFERED BY THE PROVIDER OR 26
MANUFACTURER OF THE BODY–WORN CAMERAS , EQUIPMENT, OR TECHNOLOGY . 27
(H) ALL BODY–WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY USED BY 28
LAW ENFORCEMENT OFFI CERS SHALL BE INTEGRATED INTO THE STATEWIDE 29
UNIFORM STORAGE AND ACCESS SYSTEM UNDER § 3–511.2 OF THIS SUBTITLE. 30
3–511.1. 31
(A) (1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 32
SERVICES, IN COORDINATION WITH THE DEPARTMENT OF INFORMATION 33
TECHNOLOGY AND THE MARYLAND POLICE TRAINING AND STANDARDS 34
COMMISSION, SHALL NEGOTIATE CONTRACTS TO ACQUIRE BODY–WORN CAMERAS , 35 HOUSE BILL 162 7
EQUIPMENT, AND TECHNOLOGY FOR A LL LAW ENFORCEMENT A GENCIES UNDER § 1
3–511 OF THIS SUBTITLE . 2
(2) THE CONTRACTS NEGOTIA TED UNDER PARAGRAPH (1) OF THIS 3
SUBSECTION SHALL INCLUDE CONTRA CTS FOR: 4
(I) BODY–WORN CAMERA S; 5
(II) A STATEWIDE UNIFORM ST ORAGE AND ACCESS SYSTEM FOR 6
BODY–WORN CAMERA DATA ; AND 7
(III) ANY RELATED EQUIPMENT AND TECHNOLOGY DETERMINED 8
TO BE NECESSARY FOR THE EFFECTIVE USE OF BODY–WORN CAMERAS . 9
(B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS 10
SECTION SHALL PRIORI TIZE: 11
(1) EQUIPMENT AND T ECHNOLOGY THAT COMPL IES WITH THE 12
POLICIES DEVELOPED B Y THE MARYLAND POLICE TRAINING AND STANDARDS 13
COMMISSION UNDER § 3–511 OF THIS SUBTITLE; 14
(2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY 15
STANDARDS AND BEST P RACTICES; 16
(3) CYBERSECURITY AND DA TA PRIVACY; 17
(4) COMPATIB ILITY WITH DIFFERENT EQUIPMENT AND 18
TECHNOLOGY ; 19
(5) CAPABILITIES TO EFFECTIVELY VIEW , EDIT, REDACT, AND 20
TRANSFER DATA FROM B ODY–WORN CAMERAS ; AND 21
(6) COST EFFECTIVENESS . 22
(C) (1) THE RIGHT OF A LAW ENFORCEMENT AGENCY T O RECEIVE 23
SERVICES FROM ANY EN TITY RELATED TO VIEW ING, EDITING, REDACTING, OR 24
TRANSFERRING DATA FR OM BODY–WORN CAMERAS MAY NOT BE RESTRICTED IN ANY 25
MANNER. 26
(2) THE MARYLAND POLICE TRAINING AND STANDARDS 27
COMMISSION SHALL APPROVE OR DI SAPPROVE ANY REQUEST TO USE AN ENTITY 28
NOT SPECIFIED IN A C ONTRACT NEGOTIATED U NDER SUBSECTION (A) OF THIS 29
SECTION TO RECEIVE S ERVICES RELA TED TO VIEWING , EDITING, REDACTING, OR 30 8 HOUSE BILL 162
TRANSFERRING DATA FR OM BODY–WORN CAMERAS . 1
3–511.2. 2
(A) ON OR BEFORE JULY 1, 2023, THE DEPARTMENT OF PUBLIC SAFETY 3
AND CORRECTIONAL SERVICES, IN COORDINATION WITH THE DEPARTMENT OF 4
INFORMATION TECHNOLOGY AND THE MARYLAND POLICE TRAINING AND 5
STANDARDS COMMISSION, SHALL ESTABLISH AND ADMINISTER A STATEWIDE 6
UNIFORM STORAGE AND ACCESS SYSTEM FOR ALL BODY–WORN CAMERA DATA 7
CAPTURED IN ACCORDANCE WITH § 3–511 OF THIS SUBTITLE. 8
(B) THE STATEWIDE UNIFORM ST ORAGE AND ACCESS SYS TEM UNDER 9
SUBSECTION (A) OF THIS SECTION SHALL : 10
(1) ENABLE LAW ENFORCEME NT AGENCIES TO REMOT ELY UPLOAD 11
DATA FROM BODY –WORN CAMERAS IN AN EFFICIENT MANN ER; 12
(2) PROVIDE FOR AN ORGAN IZED CATALOGING AND RETENTION OF 13
BODY–WORN CAMERA DATA TO ENSURE EASE OF ACCES S AND MANAGEMENT ; 14
(3) ENABLE LAW ENFORCEME NT AGENCIES TO REMOTELY USE THE 15
STATEWIDE UNIFORM ST ORAGE AND ACCESS SYSTEM TO VIEW , EDIT, REDACT, AND 16
TRANSFER DATA FROM B ODY–WORN CAMERAS ; 17
(4) BE CAPABLE OF ADAPTI NG TO THE DIFFERENT SIZES AND NEEDS 18
OF LAW ENFORCEMENT A GENCIES ACROSS THE STATE; AND 19
(5) CONFORM TO INDUSTRY STANDARDS A ND BEST PRACTICES . 20
(C) THE STATEWIDE UNIFORM STORAGE AND ACCESS SYSTEM FOR 21
BODY–WORN CAMERA DATA SHA LL BE THE CENTRAL LOCATION WHERE BODY –WORN 22
CAMERA DATA IS STORE D AND ACCESSED BY LAW ENFORCEMENT A GENCIES. 23
3–511.3. 24
THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES IS 25
RESPONSIBLE FOR ALL COSTS AND EXPENS ES ASSOCIATED WITH THE USE OF 26
BODY–WORN CAMERAS BY A LAW ENFORCEMENT AGEN CY UNDER § 3–511 OF THIS 27
SUBTITLE, INCLUDING: 28
(1) THE INITIAL COSTS ASSOCI ATED WITH BODY –WORN CAMERAS, 29
EQUIPMENT, AND TECHNOLOGY ; AND 30
HOUSE BILL 162 9
(2) ONGOING OPERATING COS TS ASSOCIATED WITH THE USE OF 1
BODY–WORN CAMERA S BY THE LAW ENFORCEME NT AGENCY. 2
3–511.4. 3
(A) (1) ON OR BEFORE JULY 1, 2023, THE MARYLAND POLICE TRAINING 4
AND STANDARDS COMMISSION SHALL DEVELOP AND PUBLISH ONLINE A POLICY 5
FOR THE DISCLOSURE OF BODY–WORN CAMERA RECORDINGS AND DATA TO THE 6
PUBLIC. 7
(2) THE POLICY DEVELOPED BY THE MARYLAND POLICE TRAINING 8
AND STANDARDS COMMISSION SHALL GIVE CONSIDERATION T O: 9
(I) PUBLIC INTEREST ; 10
(II) TRANSPARENCY AND ACCOUNTABILITY ; 11
(III) INDIVIDUAL PRIVACY; 12
(IV) WHETHER THERE WILL B E ANY PREJUDICE TO AN ONGOING 13
INVESTIGATION ; 14
(V) WHETHER ANY EDITS OR REDACTIONS ARE NECES SARY; 15
AND 16
(VI) ANY ADDITIONAL ISSUE S DETERMINED TO BE R ELEVANT TO 17
THE DEVELOPMENT OF A POLICY FOR THE DISCL OSURE OF BODY –WORN CAMERA 18
RECORDINGS AND DATA TO THE PUBLIC. 19
(3) THE POLICY FOR THE DI SCLOSURE OF BODY –WORN CAMERA 20
RECORDINGS AND DATA TO THE PUBLIC SHALL BE DEVELOPED IN COMPLIANCE 21
WITH APPLICABLE LAWS AND REGULATIONS . 22
(B) ON OR BEFORE JULY 1, 2025, THE POLIC IES DEVELOPED IN 23
SUBSECTION (A) OF THIS SECTION SHAL L BE ADOPTED AND IMP LEMENTED BY ALL 24
LAW ENFORCEMENT AGEN CIES UNDER § 3–511 OF THIS SUBTITLE . 25
3–511.5. 26
(A) (1) THE MARYLAND POLICE TRAINING AND STANDARDS 27
COMMISSION MAY CONDUCT AUDITS OF ANY LAW ENFORCEMENT AGEN CY UNDER § 28
3–511 OF THIS SUBTITLE TO EVALUATE THE IMPLEME NTATION OF BODY –WORN 29
CAMERA POLICIES AND THE USE OF BO DY–WORN CAMERAS , EQUIPMENT, AND 30 10 HOUSE BILL 162
TECHNOLOGY IN ACCORD ANCE WITH APPLICABLE LAWS AND REGULATIONS . 1
(2) THE SCOPE AND OBJECTI VES OF ANY AUDIT UNDER THIS 2
SUBSECTION SHALL BE DETERMINED BY THE MARYLAND POLICE TRAINING AND 3
STANDARDS COMMISSION. 4
(B) THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 5
SHALL PROVIDE INFORM ATION REGARDING THE AUDIT PROCESS TO A LAW 6
ENFORCEMENT AGENCY BEFORE AN AUDIT IS CONDUCTED . 7
(C) A LAW ENFORCEMENT AGENCY S HALL MAKE AVAILABLE TO THE 8
MARYLAND POLICE TRAINING AND STANDARDS COMMISSION ALL EMPLOYEES , 9
RECORDS, AND INFORMATION SYST EMS DEEMED NECESSARY BY THE MARYLAND 10
POLICE TRAINING AND STANDARDS COMMISSION TO CONDUCT AN AUDIT 11
REQUIRED UNDER THIS SECTION. 12
3–511.6. 13
(A) (1) FOLLOWING AN AUDIT UN DER § 3–511.5 OF THIS SUBTITLE , THE 14
MARYLAND POLICE TRAINING AND STANDARDS COMMISSION SHALL REPO RT A 15
VIOLATION OF ANY APPLICABLE LA W OR REGULATION RELATED TO BODY –WORN 16
CAMERA POLICIES OR THE USE OF BO DY–WORN CAMERAS , EQUIPMENT, OR 17
TECHNOLOGY TO: 18
(I) THE LAW ENFORCEMENT AGENCY ; 19
(II) THE DEPARTMENT OF PUBLIC SAFETY AND 20
CORRECTIONAL SERVICES; AND 21
(III) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, 22
AND VICTIM SERVICES. 23
(2) A REPORT UNDER THIS SU BSECTION SHALL REQUEST THAT THE 24
LAW ENFORCEMENT AGEN CY TAKE APPROPRIATE ACT ION TO CORR ECT THE 25
VIOLATION. 26
(B) (1) THE LAW ENFORCEMENT A GENCY THAT RECEIVES A REPORT OF 27
AN APPARENT VIOLATIO N UNDER SUBSECTION (A) OF THIS SECTION SHAL L SUBMIT 28
A WRITTEN RESPONSE IN A TIMELY MANNER TO: 29
(I) THE MARYLAND POLICE TRAINING AND STANDARDS 30
COMMISSION; 31
HOUSE BILL 162 11
(II) THE DEPARTMENT OF PUBLIC SAFETY AND 1
CORRECTIONAL SERVICES; AND 2
(III) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, 3
AND VICTIM SERVICES. 4
(2) THE RESPONSE OF THE L AW ENFORCEMENT AGENCY SHALL 5
INCLUDE WHAT ACTIONS , IF ANY, WERE TAKEN AS A RESU LT OF THE FINDINGS O F 6
THE AUDIT. 7
(C) IF AN AUDIT UNDER § 3–511.5 OF THIS SUBTITLE IDE NTIFIES ANY 8
VIOLATION BY A LAW ENFORCEMENT AGENCY, THE MARYLAND POLICE TRAINING 9
AND STANDARDS COMMISSION MAY REQUEST THAT THE EXECUTIVE DIRECTOR OF 10
THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES 11
CONDITION FUNDING FROM THE STATE AID FOR POLICE PROTECTION FUND ON 12
ACTION BY THE LAW ENFO RCEMENT AGENCY TO REMEDY THE VIOLAT ION AND 13
PREVENT REPEAT VIOLA TIONS. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 15
apply only prospectively and may not be applied or interpreted to have any effect on or 16
application to any contract related to body–worn cameras negotiated before the effective 17
date of this Act. 18
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2022, the effective date of Chapters 59 and 60 of the Acts of the General Assembly of 20
2021. If the effective date of Chapters 59 or 60 is amended, this Act shall take effect on the 21
taking effect of Chapter 59 or 60, whichever is later. 22