EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0332* HOUSE BILL 332 E4 3lr0647 CF SB 330 By: Delegates J. Lewis, Allen, Attar, Bagnall, Boafo, Charkoudian, Conaway, Feldmark, Harrison, Healey, Henson, Kaiser, J. Long, Lopez, McCaskill, Palakovich Carr, Simmons, Simpson, Taveras, and Woods Introduced and read first time: January 25, 2023 Assigned to: Judiciary Committee Report: Favorable with amendments House action: Adopted Read second time: March 26, 2023 CHAPTER ______ AN ACT concerning 1 Public Safety – Law Enforcement – Body–Worn Cameras 2 (Body–Worn Camera Appropriation and Financing Act of 2023) 3 FOR the purpose of requiring the Department of General Services, in coordination with the 4 Department of Information Technology, to negotiate certain contracts to acquire and 5 maintain body–worn cameras, equipment, and technology at the request of a law 6 enforcement agency with third parties for the acquisition or maintenance of 7 body–worn cameras, equipment, or technology for certain law enforcement agencies; 8 requiring the Maryland Police Training and Standards Commission Department of 9 Information Technology, in coordination with the Department of General Services 10 and the Department of Information Technology, to study the cost and feasibility of 11 implementing a statewide uniform storage and access system for the body–worn 12 camera data of all law enforcement agencies; and generally relating to law 13 enforcement agencies and body–worn cameras. 14 BY repealing and reenacting, without amendments, 15 Article – Public Safety 16 Section 3–101(a) and (e) and 3–201(a) and (d) 17 Annotated Code of Maryland 18 (2022 Replacement Volume) 19 BY adding to 20 Article – Public Safety 21 2 HOUSE BILL 332 Section 3–511.1 1 Annotated Code of Maryland 2 (2022 Replacement Volume) 3 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 That the Laws of Maryland read as follows: 5 Article – Public Safety 6 3–101. 7 (a) In this title the following words have the meanings indicated. 8 (e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 9 3–201. 10 (a) In this subtitle the following words have the meanings indicated. 11 (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 12 office, or security force or law enforcement organization of the State, a county, or a 13 municipal corporation that by statute, ordinance, or common law is authorized to enforce 14 the general criminal laws of the State. 15 (2) “Law enforcement agency” does not include members of the Maryland 16 National Guard who: 17 (i) are under the control and jurisdiction of the Military 18 Department; 19 (ii) are assigned to the military property designated as the Martin 20 State Airport; and 21 (iii) are charged with exercising police powers in and for the Martin 22 State Airport. 23 3–511.1. 24 (A) (1) AT THE REQUEST OF A L AW ENFORCEMENT AGENC Y, THE THE 25 DEPARTMENT OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT 26 OF INFORMATION TECHNOLOGY , SHALL NEGOTIATE CONT RACTS TO ACQUIRE AND 27 MAINTAIN BODY –WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY FOR T HE LAW 28 ENFORCEMENT AGENCY , AT THE REQUEST OF ON E OR MORE LAW ENFORC EMENT 29 AGENCIES, WITH THIRD PARTIES F OR THE ACQUISITION O R MAINTENANCE OF 30 BODY–WORN CAMERAS , EQUIPMENT, OR TECHNOLOGY FOR LA W ENFORCEMENT 31 AGENCIES. 32 HOUSE BILL 332 3 (2) THE CONTRACTS NEGOTIA TED UNDER PARAGRAPH (1) OF THIS 1 SUBSECTION MAY INCLU DE CONTRACTS FOR ANY RELATED EQUIPMENT OR 2 TECHNOLOGY DETERMINE D TO BE NECESSARY FO R THE EFF ECTIVE USE OF 3 BODY–WORN CAMERAS . 4 (3) THE DEPARTMENT OF GENERAL SERVICES SHALL NOTIFY ALL 5 LAW ENFORCEMENT AGEN CIES OF THE CONTRACT S THAT ARE BEING NEG OTIATED 6 UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y POSTING THE CONTRA CTS ON 7 EMARYLAND MARKETPLACE ADVANTAGE. 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 B Y 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 A ND 17 TECHNOLOGY ; 18 (5) CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT, AND 19 TRANSFER DATA FROM BODY –WORN CAMERAS ; AND 20 (6) COST EFFECTIVENESS . 21 (C) FOR ANY CONTRACT NEGO TIATED UNDER SUBSECT ION (A) OF THIS 22 SECTION, THE RIGHT OF A LAW E NFORCEMENT AGENCY TO RECEIVE SERVICES 23 FROM AN ENTITY RELAT ED TO VIEWING, EDITING, REDACTING, OR TRANSFER RING 24 DATA FROM BODY –WORN CAMERAS MAY NOT BE RESTRICTED IN ANY MANNER. 25 SECTION 2. AND BE IT FURTHER ENACTED, That: 26 (a) The Maryland Police Training and Standards Commission Department of 27 Information Technology, in coordination with the Department of General Services and the 28 Department of Information Technology, shall study the cost and feasibility of implementing 29 a statewide uniform storage and access system for the body–worn camera data of all law 30 enforcement agencies, as defined in § 3–201 of the Public Safety Article. 31 (b) The study shall include an analysis of: 32 4 HOUSE BILL 332 (1) the best practices for the storage of body–worn camera data; and 1 (2) alternatives to a statewide uniform storage and access system for 2 body–worn camera data. 3 (c) On or before December 1, 2023, the Maryland Police Training and Standards 4 Commission Department of Information Technology shall report the findings of the study 5 to the Senate Budget and Taxation Committee and the House Appropriations Committee, 6 in accordance with § 2–1257 of the State Government Article. 7 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 8 apply only prospectively and may not be applied or interpreted to have any effect on or 9 application to any contract related to body–worn cameras negotiated before the effective 10 date of this Act. 11 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12 1, 2023. 13 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.