EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0558*
SENATE BILL 558
E4 2lr2341
CF HB 162
By: Senators Sydnor and Jackson
Introduced and read first time: January 31, 2022
Assigned to: Judicial Proceedings
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 C orrectional 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
Annotated Code of Maryland 29 2 SENATE BILL 558
(2018 Replacement Volume and 2021 Supplement) 1
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 2
BY repealing and reenacting, without amendments, 3
Article – Public Safety 4
Section 3–201(a) and (d) 5
Annotated Code of Maryland 6
(2018 Replacement Volume and 2021 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Public Safety 9
Section 3–511 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
(As enacted by Chapter 60 of the Acts of the General Assembly of 2021) 13
BY adding to 14
Article – Public Safety 15
Section 3–511.1 through 3–511.6 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Public Safety 21
3–101. 22
(a) In this title the following words have the meanings indicated. 23
(b) “Administratively charged” means that a police officer has been formally 24
accused of misconduct in an administrative proceeding. 25
(c) “Disciplinary matrix” means a written, consistent, progressive, and 26
transparent tool or rubric that provides ranges of disciplinary actions for different types of 27
misconduct. 28
(d) “Exonerated” means that a police officer acted in accordance with the law and 29
agency policy. 30
(e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 31
(f) “Not administratively charged” means that a determination has been made 32
not to administratively charge a police officer in connection with alleged misconduct. 33
(g) “Police misconduct” means a pattern, a practice, or conduct by a police officer 34 SENATE BILL 558 3
or law enforcement agency that includes: 1
(1) depriving persons of rights protected by the constitution or laws of the 2
State or the United States; 3
(2) a violation of a criminal statute; and 4
(3) a violation of law enforcement agency standards and policies. 5
(h) “Police officer” has the meaning stated in § 3–201 of this title. 6
(i) “Serious physical injury” has the meaning stated in § 3–201 of the Criminal 7
Law Article. 8
(j) “Superior governmental authority” means the governing body that oversees a 9
law enforcement agency. 10
(k) “Unfounded” means that the allegations against a police officer are not 11
supported by fact. 12
3–105. 13
(a) (1) The Maryland Police Training and Standards Commission shall 14
develop and adopt, by regulation, a model uniform disciplinary matrix for use by each law 15
enforcement agency in the State. 16
(2) THE MODEL UNIFORM DIS CIPLINARY MATRIX DEV ELOPED UNDER 17
PARAGRAPH (1) OF THIS SUBSECTION SHALL ADDRESS MISCONDUCT R ELATED TO 18
THE IMPROPER USE OF BODY–WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY . 19
(b) Each law enforcement agency shall adopt the uniform State disciplinary 20
matrix. 21
(c) (1) Within 15 days after an administrative charging committee issues an 22
administrative charge against a police officer, the chief of the law enforcement agency shall 23
offer discipline to the police officer who has been administratively charged in accordance 24
with the disciplinary matrix. 25
(2) The chief may offer the same discipline that was recommended by the 26
administrative charging committee or a higher degree of discipline within the applicable 27
range of the disciplinary matrix, but may not deviate below the discipline recommended by 28
the administrative charging committee. 29
(3) If the police officer accepts the chief’s offer of discipline, then the offered 30
discipline shall be imposed. 31
(4) If the police officer does not accept the chief’s offer of discipline, then 32 4 SENATE BILL 558
the matter shall be referred to a trial board. 1
(5) At least 30 days before a trial board proceeding begins, the police officer 2
shall be: 3
(i) provided a copy of the investigatory record; 4
(ii) notified of the charges against the police officer; and 5
(iii) notified of the disciplinary action being recommended. 6
3–201. 7
(a) In this subtitle the following words have the meanings indicated. 8
(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 9
office, or security force or law enforcement organization of the State, a county, or a 10
municipal corporation that by statute, ordinance, or common law is authorized to enforce 11
the general criminal laws of the State. 12
(2) “Law enforcement agency” does not include members of the Maryland 13
National Guard who: 14
(i) are under the control and jurisdiction of the Military 15
Department; 16
(ii) are assigned to the military property designated as the Martin 17
State Airport; and 18
(iii) are charged with exercising police powers in and for the Martin 19
State Airport. 20
3–511. 21
(a) In this section, “law enforcement agency” has the meaning stated in § 3–201 22
of this title. 23
(b) On or before January 1, 2016, the Maryland Police Training and Standards 24
Commission shall develop and publish online a policy for the issuance and use of a 25
body–worn camera by a law enforcement officer that addresses: 26
(1) the testing of body–worn cameras to ensure adequate functioning; 27
(2) the procedure for the law enforcement officer to follow if the camera 28
fails to properly operate at the beginning of or during the law enforcement officer’s shift; 29
(3) when recording is mandatory; 30 SENATE BILL 558 5
(4) when recording is prohibited; 1
(5) when recording is discretionary; 2
(6) when recording may require consent of a subject being recorded; 3
(7) when a recording may be ended; 4
(8) providing notice of recording; 5
(9) access to and confidentiality of recordings; 6
(10) the secure storage of data from a body–worn camera; 7
(11) review and use of recordings; 8
(12) retention of recordings; 9
(13) dissemination and release of recordings; 10
(14) consequences for violations of the agency’s body–worn camera policy; 11
(15) notification requirements when another individual becomes a party to 12
the communication following the initial notification; 13
(16) specific protections for individuals when there is an expectation of 14
privacy in private or public places; and 15
(17) any additional issues determined to be relevant in the implementation 16
and use of body–worn cameras by law enforcement officers. 17
(c) (1) (i) This paragraph applies to: 18
1. the Department of State Police; 19
2. the Anne Arundel County Police Department; 20
3. the Howard County Police Department; and 21
4. the Harford County Sheriff’s Office. 22
(ii) On or before July 1, 2023, a law enforcement agency to which this 23
paragraph applies shall require the use of body–worn cameras, subject to the policy on the 24
use of body–worn cameras developed by the law enforcement agency, by each law 25
enforcement officer employed by the law enforcement agency who regularly interacts with 26
members of the public as part of the law enforcement officer’s official duties. 27 6 SENATE BILL 558
(2) On or before July 1, 2025, [a] ALL law enforcement [agency of a county] 1
AGENCIES, other than a law enforcement agency described in paragraph (1) of this 2
subsection, shall require the use of body–worn cameras, subject to the policy on the use of 3
body–worn cameras developed by the law enforcement agency, by each law enforcement 4
officer employed by the law enforcement agency who regularly interacts with members of 5
the public as part of the law enforcement officer’s official duties. 6
(d) (1) A law enforcement agency described in subsection (c) of this section 7
shall develop and maintain a written policy consistent with the policy published by the 8
Maryland Police Training and Standards Commission under subsection (b) of this section 9
for the use of body–worn cameras. 10
(2) A policy developed and maintained under paragraph (1) of this 11
subsection shall specify which law enforcement officers employed by the law enforcement 12
agency are required to use body–worn cameras. 13
(e) A body–worn camera that possesses the requisite technological capability 14
shall automatically record and save at least 60 seconds of video footage immediately prior 15
to the officer activating the record button on the device. 16
(f) A law enforcement agency may not negate or alter any of the requirements or 17
policies established in accordance with this section through collective bargaining. 18
(G) (1) THE MARYLAND POLICE TRAINING AND STANDARDS 19
COMMISSION MAY PROVID E TRAINING TO LAW EN FORCEMENT OFFICERS A ND LAW 20
ENFORCEMENT AGENCY E MPLOYEES REGARDING B ODY–WORN CAMERA POLICIES 21
AND THE USE OF BODY –WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY . 22
(2) THE TRAINING PROVIDED BY THE MARYLAND POLICE TRAINING 23
AND STANDARDS COMMISSION UNDER PARA GRAPH (1) OF THIS SUBSECTION M AY 24
BE IN COORDINATION W ITH ANY TRAINING OFF ERED BY THE PROVIDER OR 25
MANUFACTURER OF THE BODY–WORN CAMERAS , EQUIPMENT, OR TECHNOLOGY . 26
(H) ALL BODY–WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY USED BY 27
LAW ENFORCEMENT OFFI CERS SHALL BE INTEGR ATED INTO THE STATEW IDE 28
UNIFORM STORAGE AND ACCESS SYSTEM UNDER § 3–511.2 OF THIS SUBTITLE. 29
3–511.1. 30
(A) (1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 31
SERVICES, IN COORDINATION WITH THE DEPARTMENT OF INFORMATION 32
TECHNOLOGY AND THE MARYLAND POLICE TRAINING AND STANDARDS 33
COMMISSION, SHALL NEGOTIATE CONT RACTS TO ACQUIRE BOD Y–WORN CAMERAS , 34
EQUIPMENT, AND TECHNOLOGY FOR A LL LAW ENFORCEMENT A GENCIES UNDER § 35 SENATE BILL 558 7
3–511 OF THIS SUBTITLE . 1
(2) THE CONTRACTS NEGOTIATED UN DER PARAGRAPH (1) OF THIS 2
SUBSECTION SHALL INC LUDE CONTRACTS FOR : 3
(I) BODY–WORN CAMERAS ; 4
(II) A STATEWIDE UNIFORM STORAGE AND ACCESS S YSTEM FOR 5
BODY–WORN CAMERA DATA ; AND 6
(III) ANY RELATED EQUIPMEN T AND TECHNOLOGY DET ERMINED 7
TO BE NECESSARY FOR THE EFFECTIVE USE OF BODY–WORN CAMERAS . 8
(B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS 9
SECTION SHALL PRIORI TIZE: 10
(1) EQUIPMENT AND TECHNO LOGY THAT COMPLIES W ITH THE 11
POLICIES DEVELOPED BY THE MARYLAND POLICE TRAINING AND STANDARDS 12
COMMISSION UNDER § 3–511 OF THIS SUBTITLE; 13
(2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY 14
STANDARDS AND BEST P RACTICES; 15
(3) CYBERSECURITY AND DA TA PRIVACY; 16
(4) COMPATIBILITY WITH D IFFERENT EQUIPMENT AN D 17
TECHNOLOGY ; 18
(5) CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT, AND 19
TRANSFER DATA FROM B ODY–WORN CAMERAS ; AND 20
(6) COST EFFECTIVENESS . 21
(C) (1) THE RIGHT OF A LAW EN FORCEMENT AGENCY TO RECEIVE 22
SERVICES FROM ANY EN TITY RELATED TO VIEWING, EDITING, REDACTING, OR 23
TRANSFERRING DATA FR OM BODY–WORN CAMERAS MAY NOT BE RESTRICTED IN ANY 24
MANNER. 25
(2) THE MARYLAND POLICE TRAINING AND STANDARDS 26
COMMISSION SHALL APPR OVE OR DISAPPROVE AN Y REQUEST TO USE AN ENTITY 27
NOT SPECIFIED IN A C ONTRACT NEGOTIATED UNDER SUB SECTION (A) OF THIS 28
SECTION TO RECEIVE S ERVICES RELATED TO V IEWING, EDITING, REDACTING, OR 29
TRANSFERRING DATA FR OM BODY–WORN CAMERAS . 30 8 SENATE BILL 558
3–511.2. 1
(A) ON OR BEFORE JULY 1, 2023, THE DEPARTMENT OF PUBLIC SAFETY 2
AND CORRECTIONAL SERVICES, IN COORDINATION WITH THE DEPARTMENT OF 3
INFORMATION TECHNOLOGY AND THE MARYLAND POLICE TRAINING AND 4
STANDARDS COMMISSION, SHALL ESTABLISH AND ADMINISTER A STATEWI DE 5
UNIFORM STORAGE AND ACCESS SYSTEM FOR AL L BODY–WORN CAMERA DATA 6
CAPTURED IN ACCORDAN CE WITH § 3–511 OF THIS SUBTITLE. 7
(B) THE STATEWIDE UNIFORM STORAGE AND ACCESS S YSTEM UNDER 8
SUBSECTION (A) OF THIS SECTION SHAL L: 9
(1) ENABLE LAW ENFORCEME NT AGENCIES TO REMOT ELY UPLOAD 10
DATA FROM BODY –WORN CAMERAS IN AN E FFICIENT MANNER ; 11
(2) PROVIDE FOR AN ORGANIZED CATALOGING AND RETENTION OF 12
BODY–WORN CAMERA DATA TO ENSURE EASE OF ACCES S AND MANAGEMENT ; 13
(3) ENABLE LAW ENFORCEME NT AGENCIES TO REMOT ELY USE THE 14
STATEWIDE UNIFORM ST ORAGE AND ACCESS SYS TEM TO VIEW, EDIT, REDACT, AND 15
TRANSFER DATA FROM B ODY–WORN CAMERAS ; 16
(4) BE CAPABLE OF ADAPTI NG TO THE DIFFERENT SIZES AND NEEDS 17
OF LAW ENFORCEMENT A GENCIES ACROSS THE STATE; AND 18
(5) CONFORM TO INDUSTRY STANDARDS AND BEST P RACTICES. 19
(C) THE STATEWIDE UNIFORM STORAGE AND ACCESS S YSTEM FOR 20
BODY–WORN CAME RA DATA SHALL BE THE CENTRAL LOCATION WHE RE BODY–WORN 21
CAMERA DATA IS STORE D AND ACCESSED BY LA W ENFORCEMENT AGENCI ES. 22
3–511.3. 23
THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES IS 24
RESPONSIBLE FOR ALL COSTS AND EXPENSES A SSOCIATED WITH THE U SE OF 25
BODY–WORN CAMERAS BY A LA W ENFORCEMENT AGENCY UNDER § 3–511 OF THIS 26
SUBTITLE, INCLUDING: 27
(1) THE INITIAL COSTS AS SOCIATED WITH BODY –WORN CAMERAS , 28
EQUIPMENT, AND TECHNOLOGY ; AND 29
(2) ONGOING OPERATING CO STS ASSOCIATED WITH THE USE OF 30 SENATE BILL 558 9
BODY–WORN CAMER AS BY THE LAW ENFORC EMENT AGENCY . 1
3–511.4. 2
(A) (1) ON OR BEFORE JULY 1, 2023, THE MARYLAND POLICE TRAINING 3
AND STANDARDS COMMISSION SHALL DEVE LOP AND PUBLISH ONLI NE A POLICY 4
FOR THE DISCLOSURE O F BODY–WORN CAMERA RECORDIN GS AND DATA TO THE 5
PUBLIC. 6
(2) THE POLICY DEVELOPED BY THE MARYLAND POLICE TRAINING 7
AND STANDARDS COMMISSION SHALL GIVE CONSIDERATION TO : 8
(I) PUBLIC INTEREST ; 9
(II) TRANSPARENCY AND ACC OUNTABILITY; 10
(III) INDIVIDUAL PRIVACY ; 11
(IV) WHETHER THERE WILL B E ANY PREJUDICE TO AN ONGOING 12
INVESTIGATION ; 13
(V) WHETHER ANY EDITS OR REDACTIONS ARE NECES SARY; 14
AND 15
(VI) ANY ADDITIONAL ISSUE S DETERMINED TO BE R ELEVANT TO 16
THE DEVELOPMENT OF A POLICY FOR THE DISCL OSURE OF BODY –WORN CAMERA 17
RECORDINGS AND DATA TO THE PUBLIC. 18
(3) THE POLICY FOR THE DIS CLOSURE OF BODY –WORN CAMERA 19
RECORDINGS AND DATA TO THE PUBLIC SHALL BE DEVELOPED IN COMP LIANCE 20
WITH APPLICABLE LAWS AND REGULATIONS . 21
(B) ON OR BEFORE JULY 1, 2025, THE POLICIES DEVELOP ED IN 22
SUBSECTION (A) OF THIS SECTION SHAL L BE ADOPTED AND IMPLEMENTED BY ALL 23
LAW ENFORCEMENT AGEN CIES UNDER § 3–511 OF THIS SUBTITLE . 24
3–511.5. 25
(A) (1) THE MARYLAND POLICE TRAINING AND STANDARDS 26
COMMISSION MAY CONDUC T AUDITS OF ANY LAW ENFORCEMENT AGENCY U NDER § 27
3–511 OF THIS SUBTITLE TO EVALUATE THE IMPLEMENTATION OF BO DY–WORN 28
CAMERA POLICIES AND THE USE OF BODY –WORN CAMERAS , EQUIPMENT, AND 29
TECHNOLOGY IN ACCORD ANCE WITH APPLICABLE LAWS AND REGULATIONS . 30 10 SENATE BILL 558
(2) THE SCOPE AND OBJECTI VES OF ANY AUDIT UND ER THIS 1
SUBSECTION SHALL BE DETERMINED BY THE MARYLAND POLICE TRAINING AND 2
STANDARDS COMMISSION. 3
(B) THE MARYLAND POLICE TRAINING AND STANDARDS COMMISSION 4
SHALL PROVIDE INFORM ATION REGARDING THE AUDIT PROCESS TO A L AW 5
ENFORCEMENT AGENCY B EFORE AN AUDIT IS CO NDUCTED. 6
(C) A LAW ENFORCEMENT AGEN CY SHALL MA KE AVAILABLE TO THE 7
MARYLAND POLICE TRAINING AND STANDARDS COMMISSION ALL EMPLOY EES, 8
RECORDS, AND INFORMATION SYST EMS DEEMED NECESSARY BY THE MARYLAND 9
POLICE TRAINING AND STANDARDS COMMISSION TO CONDUCT AN AUDIT 10
REQUIRED UNDER THIS SECTION. 11
3–511.6. 12
(A) (1) FOLLOWING AN AUDIT UN DER § 3–511.5 OF THIS SUBTITLE , THE 13
MARYLAND POLICE TRAINING AND STANDARDS COMMISSION SHALL REPO RT A 14
VIOLATION OF ANY APP LICABLE LAW OR REGUL ATION RELATED TO BOD Y–WORN 15
CAMERA POLICIES OR T HE USE OF BODY –WORN CAMERAS , EQUIPMENT, OR 16
TECHNOLOGY TO : 17
(I) THE LAW ENFORCEMENT AGENCY; 18
(II) THE DEPARTMENT OF PUBLIC SAFETY AND 19
CORRECTIONAL SERVICES; AND 20
(III) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, 21
AND VICTIM SERVICES. 22
(2) A REPORT UNDER THIS SU BSECTION SHALL REQUE ST THAT THE 23
LAW ENFORCEMENT AGEN CY TAKE APPROPRIATE ACTION TO CORRECT TH E 24
VIOLATION. 25
(B) (1) THE LAW ENFORCEMENT A GENCY THAT RECEIVES A REPORT OF 26
AN APPARENT VIOLATIO N UNDER SUBSECTION (A) OF THIS SECTION SHAL L SUBMIT 27
A WRITTEN RESPONSE I N A TIMELY MANNER TO: 28
(I) THE MARYLAND POLICE TRAINING AND STANDARDS 29
COMMISSION; 30
(II) THE DEPARTMENT OF PUBLIC SAFETY AND 31 SENATE BILL 558 11
CORRECTIONAL SERVICES; AND 1
(III) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, 2
AND VICTIM SERVICES. 3
(2) THE RESPONSE OF THE L AW ENFO RCEMENT AGENCY SHALL 4
INCLUDE WHAT ACTIONS , IF ANY, WERE TAKEN AS A RESU LT OF THE FINDINGS O F 5
THE AUDIT. 6
(C) IF AN AUDIT UNDER § 3–511.5 OF THIS SUBTITLE IDE NTIFIES ANY 7
VIOLATION BY A LAW E NFORCEMENT AGENCY , THE MARYLAND POLICE TRAINING 8
AND STANDARDS COMMISSION MAY REQUEST T HAT THE EXECUTIVE DIRECTOR OF 9
THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES 10
CONDITION FUNDING FR OM THE STATE AID FOR POLICE PROTECTION FUND ON 11
ACTION BY THE LAW EN FORCEMENT AGENCY TO REMEDY THE VIOLATION AND 12
PREVENT REPEAT VIOLATION S. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 14
apply only prospectively and may not be applied or interpreted to have any effect on or 15
application to any contract related to body–worn cameras negotiated before the effective 16
date of this Act. 17
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2022, the effective date of Chapters 59 and 60 of the Acts of the General Assembly of 19
2021. If the effective date of Chapters 59 or 60 is amended, this Act shall take effect on the 20
taking effect of Chapter 59 or 60, whichever is later. 21