Maryland 2022 Regular Session

Maryland Senate Bill SB752 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0752
6	6
7	7	SENATE BILL 752
8	8	E4 2lr2891
9	9	CF 2lr3090
10	10	By: Senator Jackson
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Safety – Use of Force Incident Reports 2
19	19
20	20	FOR the purpose of altering a reporting requirement applicable to a law enforcement officer 3
21	21	or police officer involved in a use of force incident in the line of duty; requiring a local 4
22	22	law enforcement agency to publish certain information on its public website; and 5
23	23	generally relating to use of force incident reports. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Public Safety 8
27	27	Section 3–514 9
28	28	Annotated Code of Maryland 10
29	29	(2018 Replacement Volume and 2021 Supplement) 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Public Safety 13
33	33	Section 3–514 14
34	34	Annotated Code of Maryland 15
35	35	(2018 Replacement Volume and 2021 Supplement) 16
36	36	(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Public Safety 20
42	42
43	43	3–514. 21
44	44
45	45	(A) (1) Each law enforcement agency shall require a law enforcement officer 22
46	46	who was involved in a use of force incident in the line of duty to file an incident report 23
47	47	regarding the use of force by the end of the officer’s shift unless the officer is disabled. 24 2 SENATE BILL 752
48	48
49	49
50	50
51	51	(2) THE INCIDENT REPORT S HALL INCLUDE : 1
52	52
53	53	(I) THE TYPE OF ENCOUNTE R; 2
54	54
55	55	(II) THE TYPE OF FORCE US ED; 3
56	56
57	57	(III) THE LOCATION AT WHIC H FORCE WAS USED ; 4
58	58
59	59	(IV) THE LAW ENFORCEMENT OFFICER’S JUSTIFICATION FOR 5
60	60	THE USE OF FORCE ; 6
61	61
62	62	(V) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 7
63	63	USED WAS ARRESTED ; 8
64	64
65	65	(VI) WHAT CHARGES THE INDIVIDUAL AGAINST W HOM FORCE 9
66	66	WAS USED WAS ARRESTE D FOR, IF ANY; 10
67	67
68	68	(VII) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 11
69	69	USED REQUESTED MEDIC AL CARE; 12
70	70
71	71	(VIII) WHETHER THE LAW ENFO RCEMENT OFFICER REQU ESTED 13
72	72	MEDICAL CARE ; AND 14
73	73
74	74	(IX) THE DEMOGRAPHIC INFORMATION ABOUT AN Y LAW 15
75	75	ENFORCEMENT OFFICER INVOLVED IN AND INDI VIDUALS SUBJECT TO T HE USE OF 16
76	76	FORCE, INCLUDING: 17
77	77
78	78	1. RACE; 18
79	79
80	80	2. ETHNICITY; 19
81	81
82	82	3. GENDER; 20
83	83
84	84	4. AGE; AND 21
85	85
86	86	5. DISABILITY. 22
87	87
88	88	(B) (1) ON OR BEFORE JULY 1, 2024, AND ANNUALLY THEREA FTER, EACH 23
89	89	LOCAL LAW ENFORCEMEN T AGENCY SHALL PUBLI SH ON ITS PUBLIC WEB SITE THE 24
90	90	AGGREGATE DATA OF PO LICE OFFICERS ’ USE OF FORCE REPORTE D UNDER 25
91	91	SUBSECTION (A) OF THIS SECTION. 26
92	92	SENATE BILL 752 3
93	93
94	94
95	95	(2) ON OR BEFORE JANUARY 1, 2023, AND EVERY 3 MONTHS 1
96	96	THEREAFTER , EACH LOCAL LA W ENFORCEMENT AGENCY SHALL PUBLISH ON ITS 2
97	97	PUBLIC WEBSITE THE T OTAL NUMBER OF USE O F FORCE INCIDENTS RE PORTED 3
98	98	UNDER SUBSECTION (A) OF THIS SECTION FOR THE PRECEDING 3 MONTHS IN WHICH 4
99	99	THE LOCAL LAW ENFORC EMENT AGENCY DETERMI NED THAT: 5
100	100
101	101	(I) THE USE OF FORCE WAS CONSISTENT WITH ITS POLICIES 6
102	102	AND APPLICABLE LAWS ; AND 7
103	103
104	104	(II) THE USE OF FORCE WAS NOT CONSISTENT WITH ITS 8
105	105	POLICIES AND APPLICA BLE LAWS. 9
106	106
107	107	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
108	108	as follows: 11
109	109
110	110	Article – Public Safety 12
111	111
112	112	3–514. 13
113	113
114	114	(a) (1) Each law enforcement agency shall require a police officer who was 14
115	115	involved in a use of force incident in the line of duty to file an incident report regarding the 15
116	116	use of force by the end of the officer’s shift unless the officer is disabled. 16
117	117
118	118	(2) THE INCIDENT REPORT S HALL INCLUDE : 17
119	119
120	120	(I) THE TYPE OF ENCOUNTE R; 18
121	121
122	122	(II) THE TYPE OF FORCE US ED; 19
123	123
124	124	(III) THE LOCATION AT WHIC H FORCE WAS USED ; 20
125	125
126	126	(IV) THE LAW ENFORCEMENT OFFICER’S JUSTIFICATION FOR 21
127	127	USE OF FORCE; 22
128	128
129	129	(V) WHETHER THE INDIVIDU AL AGAINST WHOM FORCE W AS 23
130	130	USED WAS ARRESTED ; 24
131	131
132	132	(VI) WHAT CHARGES THE IND IVIDUAL AGAINST WHOM FORCE 25
133	133	WAS USED WAS ARRESTE D FOR, IF ANY; 26
134	134
135	135	(VII) WHETHER THE INDIVIDU AL AGAINST WHOM FORC E WAS 27
136	136	USED REQUESTED MEDIC AL CARE; 28
137	137	4 SENATE BILL 752
138	138
139	139
140	140	(VIII) WHETHER THE LAW ENFO RCEMENT OFFICER REQUESTED 1
141	141	MEDICAL CARE ; AND 2
142	142
143	143	(IX) THE DEMOGRAPHIC INFO RMATION ABOUT ANY LA W 3
144	144	ENFORCEMENT OFFICER INVOLVED IN AND INDI VIDUALS SUBJECT TO T HE USE OF 4
145	145	FORCE, INCLUDING: 5
146	146
147	147	1. RACE 6
148	148
149	149	2. ETHNICITY; 7
150	150
151	151	3. GENDER; 8
152	152
153	153	4. AGE; AND 9
154	154
155	155	5. DISABILITY. 10
156	156
157	157	(b) (1) ON OR BEFORE JULY 1, 2024, AND ANNUALLY THEREAF TER, EACH 11
158	158	LOCAL LAW ENFORCEMEN T AGENCY SHALL PUBLI SH ON ITS PUBLIC WEB SITE THE 12
159	159	AGGREGATE DATA OF PO LICE OFFICERS ’ USE OF FORCE REPORTE D UNDER 13
160	160	SUBSECTION (A) OF THIS SECTION. 14
161	161
162	162	(2) ON OR BEFORE JANUARY 1, 2023, AND EVERY 3 MONTHS 15
163	163	THEREAFTER , EACH LOCAL LAW ENFOR CEMENT AGENCY SHALL PUBLISH ON ITS 16
164	164	PUBLIC WEBSITE THE T OTAL NUMBER OF USE O F FORCE INCIDENTS RE PORTED 17
165	165	UNDER SUBSECTION (A) OF THIS SECTION FOR THE PRECEDING 3 MONTHS IN WHICH 18
166	166	THE LOCAL LAW ENFORCEMENT AGENCY D ETERMINED THAT : 19
167	167
168	168	(I) THE USE OF FORCE WAS CONSISTENT WITH ITS POLICIES 20
169	169	AND APPLICABLE LAWS ; AND 21
170	170
171	171	(II) THE USE OF FORCE WAS NOT CONSISTENT WITH ITS 22
172	172	POLICIES AND APPLICA BLE LAWS. 23
173	173
174	174	[(1)] (3) On or before March 1 each year, each law enforcement agency 24
175	175	shall submit to the Maryland Police Training and Standards Commission the number of 25
176	176	use of force complaints made against its police officers during the previous calendar year, 26
177	177	aggregated by numbers of complaints administratively charged, not charged, unfounded, 27
178	178	and exonerated. 28
179	179
180	180	[(2)] (4) On or before July 15 each year, the Maryland Police Training and 29
181	181	Standards Commission shall post on its website and submit to the General Assembly, in 30
182	182	accordance with § 2–1257 of the State Government Article, a compendium of the 31 SENATE BILL 752 5
183	183
184	184
185	185	information submitted by law enforcement agencies under paragraph [(1)] (3) of this 1
186	186	subsection. 2
187	187
188	188	[(3)] (5) If a law enforcement agency has not submitted the report 3
189	189	required under paragraph [(1)] (3) of this subsection by July 1 for the previous calendar 4
190	190	year, the Governor’s Office of Crime Prevention, Youth, and Victim Services may not make 5
191	191	any grant funds available to that law enforcement agency. 6
192	192
193	193	SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 7
194	194	effect October 1, 2022. It shall remain effective until the taking effect of Section 2 of this 8
195	195	Act. If Section 2 of this Act takes effect, Section 1 of this Act, with no further action required 9
196	196	by the General Assembly, shall be abrogated and of no further force and effect. 10
197	197
198	198	SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 11
199	199	effect July 1, 2022 the effective date of Chapter 59 of the Acts of the General Assembly of 12
200	200	2021. If the effective date of Chapter 59 is amended, Section 2 of this Act shall take effect 13
201	201	on the taking effect of Chapter 59. 14
202	202
203	203	SECTION 5. AND BE IT FURTHER ENACTED, That, subject to the provisions of 15
204	204	Sections 3 and 4 of this Act, this Act shall take effect July 1, 2022. 16
205	205