Maryland 2022 Regular Session

Maryland Senate Bill SB517 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0517
9	6
10	7		SENATE BILL 517
11	8		E2, E4 2lr2369
12		-	CF ~~HB 1053~~
	9	+	CF 2lr2367
13	10		By: Senator Bailey
14	11		Introduced and read first time: January 28, 2022
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 5, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Criminal Procedure – Location Information – Exigent Circumstances 2
25	19		(Kelsey Smith Act for Maryland) 3
26	20
27	21		FOR the purpose of requiring certain service providers to provide certain location 4
28		-	information for an electronic device certain electronic devices to a law enforcement 5
29		-	agency or public safety answering point in certain circumstances for a certain period 6
30		-	of time; prohibiting a person from being held civilly liable for making required 7
31		-	disclosures; requiring the Department of State Police to collect and disseminate 8
32		-	certain information under certain circumstances; prohibiting a law enforcement 9
33		-	officer from requesting certain information from a certain service provider under 10
34		-	certain circumstances; requiring a certain law enforcement agency or public safety 11
35		-	answering point to report certain information to the Governor’s Office of Crime 12
36		-	Prevention, Youth, and Victim Services annually under certain circumstances; and 13
37		-	generally relating to location information and exigent circumstances. 14
	22	+	information for an electronic device to a law enforcement agency or public safety 5
	23	+	answering point in certain circumstances for a certain period of time; prohibiting a 6
	24	+	person from being held civilly liable for making required disclosures; requiring the 7
	25	+	Department of State Police to collect and disseminate certain information under 8
	26	+	certain circumstances; and generally relating to location information and exigent 9
	27	+	circumstances. 10
38	28
39		-	BY repealing and reenacting, without amendments, 15
40		-	Article – Criminal Procedure 16
41		-	Section 1–203.1(a)(1), (4), (5), (6), and (9) 17
42		-	Annotated Code of Maryland 18
43		-	(2018 Replacement Volume and 2021 Supplement) 19
	29	+	BY repealing and reenacting, without amendments, 11
	30	+	Article – Criminal Procedure 12
	31	+	Section 1–203.1(a)(1), (4), (5), (6), and (9) 13
	32	+	Annotated Code of Maryland 14
	33	+	(2018 Replacement Volume and 2021 Supplement) 15
44	34
45		-	BY adding to 20
46		-	Article – Criminal Procedure 21
47		-	Section 1–203.2 22
48		-	Annotated Code of Maryland 23 2 SENATE BILL 517
	35	+	BY adding to 16
	36	+	Article – Criminal Procedure 17
	37	+	Section 1–203.2 18
	38	+	Annotated Code of Maryland 19
	39	+	(2018 Replacement Volume and 2021 Supplement) 20
	40	+
	41	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
	42	+	That the Laws of Maryland read as follows: 22
	43	+
	44	+	Article – Criminal Procedure 23
	45	+
	46	+	1–203.1. 24
	47	+
	48	+	(a) (1) In this section the following words have the meanings indicated. 25 2 SENATE BILL 517
49	49
50	50
51		-	(2018 Replacement Volume and 2021 Supplement) 1
52	51
53		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54		-	That the Laws of Maryland read as follows: 3
	52	+	(4) (i) “Electronic device” means a device that enables access to or use 1
	53	+	of an electronic communication service, as defined in § 10–401 of the Courts Article, a 2
	54	+	remote computing service, as defined in § 10–4A–01(c) of the Courts Article, or a geographic 3
	55	+	location information service. 4
55	56
56		-	~~Article – Criminal Procedure 4~~
	57	+	(ii) “Electronic device” does not include: 5
57	58
58		-	1–203.1. 5
	59	+	1. an automatic identification system installed on a vessel in 6
	60	+	accordance with Title 33, Part 164.46 of the Code of Federal Regulations; or 7
59	61
60		-	(a) (1) In this section the following words have the meanings indicated. 6
	62	+	2. a vessel monitoring system (VMS) or a VMS unit installed 8
	63	+	on board a vessel for vessel monitoring in accordance with Title 50, Part 648 of the Code of 9
	64	+	Federal Regulations. 10
61	65
62		-	(4) (i) “Electronic device” means a device that enables access to or use 7
63		-	of an electronic communication service, as defined in § 10–401 of the Courts Article, a 8
64		-	remote computing service, as defined in § 10–4A–01(c) of the Courts Article, or a geographic 9
65		-	location information service. 10
	66	+	(5) “Exigent circumstances” means an emergency or other judicially 11
	67	+	recognized exception to constitutional warrant requirements. 12
66	68
67		-	(ii) “Electronic device” does not include: 11
	69	+	(6) “Location information” means real–time or present information 13
	70	+	concerning the geographic location of an electronic device that is generated by or derived 14
	71	+	from the operation of that device. 15
68	72
69		-	1. an ~~automatic identification system installed on a vessel in 12~~
70		-	~~accordance with Title 33~~, ~~Part 164.46 of the Code of Federal Regulations;~~ or 13
	73	+	(9) “Service provider” means the provider of an electronic communication 16
	74	+	service, a remote computing service, or any location information service. 17
71	75
72		-	2. a vessel monitoring system (VMS) or a VMS unit installed 14
73		-	on board a vessel for vessel monitoring in accordance with Title 50, Part 648 of the Code of 15
74		-	Federal Regulations. 16
	76	+	1–203.2. 18
75	77
76		-	(5) ~~“Exigent circumstances”~~ ~~means an emergency or other judicially 17~~
77		-	~~recognized exception to constitutional warrant requirements~~. 18
	78	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
	79	+	INDICATED. 20
78	80
79		-	(6) “Location information” means real–time or present information 19
80		-	concerning the geographic location of an electronic device that is generated by or derived 20
81		-	from the operation of that device. 21
	81	+	(2) “ELECTRONIC DEVICE ” HAS THE MEANING STAT ED IN § 21
	82	+	1–203.1 OF THIS SUBTITLE . 22
82	83
83		-	(9) “~~Service provider~~” ~~means~~ the ~~provider of an electronic communication 22~~
84		-	~~service, a remote computing service, or any location information service~~. 23
	84	+	(3) “EXIGENT CIRCUMSTANCES ” HAS THE MEANING STAT ED IN § 23
	85	+	1–203.1 OF THIS SUBTITLE . 24
85	86
86		-	1–203.2. 24
	87	+	(4) “LOCATION INFORMATION ” HAS THE MEANING STAT ED IN § 25
	88	+	1–203.1 OF THIS SUBTITLE . 26
87	89
88		-	(A) ~~(1) IN THIS SECTION~~ THE ~~F OLLOWING WORDS HAVE THE MEANINGS 25~~
89		-	~~INDICATED~~. 26
	90	+	(5) “PUBLIC SAFETY ANSWERI NG POINT” HAS THE MEANING STAT ED 27
	91	+	IN § 1–301 OF THE PUBLIC SAFETY ARTICLE. 28
90	92
91		-	(2) “ELECTRONIC DEVICE ” HAS THE M EANING STATED IN § 27
92		-	1–203.1 OF THIS SUBTITLE . 28
93		-
94		-	(3) “EXIGENT CIRCUMSTANCES ” HAS THE MEANING STAT ED IN § 29
95		-	1–203.1 OF THIS SUBTITLE . 30
	93	+	(6) “SERVICE PROVIDER ” HAS THE MEANING STATED IN § 1–203.1 OF 29
	94	+	THIS SUBTITLE. 30
96	95		SENATE BILL 517 3
97	96
98	97
99		-	(4) (3) “LOCATION INFORMATION ” HAS THE MEANING STAT ED IN § 1
100		-	1–203.1 OF THIS SUBTITLE . 2
	98	+	(B) ON REQUEST OF A LAW E NFORCEMENT AGENCY OR A PUBLIC SAFETY 1
	99	+	ANSWERING POINT MADE ON BEHALF OF A LAW E NFORCEMENT AGENCY , A SERVICE 2
	100	+	PROVIDER SHALL PROVI DE THE LOCATION INFO RMATION OF AN ELECTR ONIC 3
	101	+	DEVICE IN EXIGENT CIRCUMSTANCES . 4
101	102
102		-	(5) (4) “PUBLIC SAFETY ANSWERI NG POINT” HAS THE MEANING 3
103		-	STATED IN § 1–301 OF THE PUBLIC SAFETY ARTICLE. 4
	103	+	(C) A LAW ENFORCEMENT AGEN CY OR PUBLIC SAFETY ANSWERING POINT 5
	104	+	MAY NOT OBTAIN LOCAT ION INFORMATION FOR AN ELECTRONIC DEVICE UNDER 6
	105	+	THIS SECTION FOR A P ERIOD EXCEEDING 48 HOURS. 7
104	106
105		-	(6) ~~(5) “SERVICE~~ ~~PROVIDER ” HAS THE MEANING STAT ED IN § 5~~
106		-	~~1–203.1 OF~~ THIS ~~SUBTITLE~~ . 6
	107	+	(D) A PERSON MAY NOT BE HE LD CIVILLY LIABLE FO R COMPLYING WITH 8
	108	+	THIS SECTION BY PROV IDING LOCATION INFOR MATION. 9
107	109
108		-	(B) THIS SECTION APPLIES ONLY TO A REQUEST FO R LOCATION 7
109		-	INFORMATION OF AN ELECTRONIC DEVICE IF THE OWNER OR USER OF THE 8
110		-	ELECTRONIC DEVICE HA S BEEN REPORTED MISS ING. 9
	110	+	(E) (1) THE DEPARTMENT OF STATE POLICE SHALL OBTAIN C ONTACT 10
	111	+	INFORMATION FROM ALL SERVICE PROVIDERS AU THORIZED TO DO BUSIN ESS IN THE 11
	112	+	STATE AND ANY OTHER R ELEVANT INFORMATION THAT WOULD ASSIST A LAW 12
	113	+	ENFORCEMENT AGENCY O R PUBLIC SAFETY ANSW ERING POINT IN MAKIN G A 13
	114	+	REQUEST FOR LOCATION IN FORMATION UNDER THIS SECTION. 14
111	115
112		-	(B) (C) ON REQUEST OF A LAW E NFORCEMENT AGENCY OR A PUBLIC 10
113		-	SAFETY ANSWERING POI NT MADE ON BEHALF OF A LAW ENFORCEMENT AG ENCY, A 11
114		-	SERVICE PROVIDER SHA LL PROVIDE THE LOCATION INFORMA TION OF AN 12
115		-	ELECTRONIC DEVICE IN EXIGENT CIRCUMSTA NCES. 13
	116	+	(2) THE INFORMATION COLLE CTED UNDER PARAGRAPH (1) OF THIS 15
	117	+	SUBSECTION SHALL BE PROVIDED TO EACH LAW ENFORCEMENT AGENCY A ND 16
	118	+	PUBLIC SAFETY ANSWER ING POINT IN THE STATE. 17
116	119
117		-	(C) (D) A LAW ENFORCEMENT AGEN CY OR PUBLIC SAFETY ANSWERING 14
118		-	POINT MAY NOT OBTAIN LOCATION INFORMATION FOR AN ELECTRONIC DE VICE 15
119		-	UNDER THIS SECTION F OR A PERIOD EXCEEDIN G 48 HOURS. 16
	120	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
	121	+	October 1, 2022. 19
120	122
121		-	(D) (E) A PERSON MAY NOT BE HE LD CIVILLY LIABLE FO R COMPLYING 17
122		-	WITH THIS SECTION BY PROVIDING LOCATION I NFORMATION . 18
123		-
124		-	(E) (F) (1) THE DEPARTMENT OF STATE POLICE SHALL OBTAIN 19
125		-	CONTACT INFORMATION FROM ALL SERVICE PRO VIDERS AUTHORIZED TO DO 20
126		-	BUSINESS IN THE STATE AND ANY OTHER R ELEVANT INFORMATION THAT WOULD 21
127		-	ASSIST A LAW ENFORCE MENT AGENCY OR PUBLI C SAFETY ANSWERING P OINT IN 22
128		-	MAKING A REQUEST FOR LOCATION INFORMATION UNDER THIS SECTION . 23
129		-
130		-	(2) THE INFORMATION COLLE CTED UNDER PARAGRAPH (1) OF THIS 24
131		-	SUBSECTION SHALL BE PROVIDED TO EACH LAW ENFORCEMENT AGENCY AND 25
132		-	PUBLIC SAFETY ANSWER ING POINT IN THE STATE. 26
133		-
134		-	(G) (1) A LAW ENFORCEMENT OFFI CER MAY NOT REQUEST INFORMATION 27
135		-	FROM A SERVICE PROVI DER UNDER THIS SECTI ON IF THE LAW ENFORC EMENT 28
136		-	OFFICER KNOWS THE OW NER OR USER OF THE ELECTRON IC DEVICE HAS NOT BE EN 29
137		-	REPORTED MISSING . 30
138		-
139		-	(2) A LAW ENFORCEMENT OFFI CER WHO VIOLATES THI S SUBSECTION 31
140		-	IS GUILTY OF A MISDE MEANOR AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT 32
141		-	NOT EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 33
142		-	4 SENATE BILL 517
143		-
144		-
145		-	(H) IF A LAW ENFORCEMENT AGENCY OR PUBLIC SAF ETY ANSWERING POINT 1
146		-	OBTAINS THE LOCATION INFORMATION OF AN EL ECTRONIC DEVICE UNDE R THIS 2
147		-	SECTION, THE LAW ENFORCEMENT AGENCY OR PUBLIC SAF ETY ANSWERING POINT 3
148		-	SHALL NOTIFY THE OWN ER OR USER OF THE EL ECTRONIC DEV ICE THAT THEIR 4
149		-	LOCATION INFORMATION WAS OBTAINED AS SOON AS PRACTICABLE . 5
150		-
151		-	(I) ON OR BEFORE MARCH 1 EACH YEAR, A LAW ENFORCEMENT AG ENCY OR 6
152		-	PUBLIC SAFETY ANSWER ING POINT THAT HAS M ADE A REQUEST TO A S ERVICE 7
153		-	PROVIDER IN THE PREC EDING CALENDAR YEAR UNDER THIS SECTION SHALL 8
154		-	REPORT TO THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 9
155		-	SERVICES ON THE TOTAL NUMBER OF REQUESTS T HAT THE LAW ENFORCEM ENT 10
156		-	AGENCY MADE IN THE P RECEDING CALENDAR YE AR. 11
157		-
158		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
159		-	October 1, 2022. 13
160		-
161		-
162		-
163		-
164		-	Approved:
165		-	________________________________________________________________________________
166		-	Governor.
167		-	________________________________________________________________________________
168		-	President of the Senate.
169		-	________________________________________________________________________________
170		-	Speaker of the House of Delegates.