Maryland 2023 Regular Session

Maryland House Bill HB332 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		hb0332
9	6
10	7		HOUSE BILL 332
11	8		E4 3lr0647
12		-	CF ~~SB 330~~
	9	+	CF 3lr2214
13	10		By: Delegates J. Lewis, Allen, Attar, Bagnall, Boafo, Charkoudian, Conaway,
14	11		Feldmark, Harrison, Healey, Henson, Kaiser, J. Long, Lopez, McCaskill,
15	12		Palakovich Carr, Simmons, Simpson, Taveras, and Woods
16	13		Introduced and read first time: January 25, 2023
17	14		Assigned to: Judiciary
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: March 26, 2023
21	15
22		-	~~CHAPTER ______~~
	16	+	A BILL ENTITLED
23	17
24	18		AN ACT concerning 1
25	19
26	20		Public Safety – Law Enforcement – Body–Worn Cameras 2
27	21		(Body–Worn Camera Appropriation and Financing Act of 2023) 3
28	22
29	23		FOR the purpose of requiring the Department of General Services, in coordination with the 4
30		-	Department of Information Technology, to negotiate ~~certain~~ contracts to acquire and 5
	24	+	Department of Information Technology, to negotiate contracts to acquire and 5
31	25		maintain body–worn cameras, equipment, and technology at the request of a law 6
32		-	enforcement agency with third parties for the acquisition or maintenance of 7
33		-	body–worn cameras, equipment, or technology for certain law enforcement agencies; 8
34		-	requiring the Maryland Police Training and Standards Commission Department of 9
35		-	Information Technology, in coordination with the Department of General Services 10
36		-	and the Department of Information Technology, to study the cost and feasibility of 11
37		-	implementing a statewide uniform storage and access system for the body–worn 12
38		-	camera data of all law enforcement agencies; and generally relating to law 13
39		-	enforcement agencies and body–worn cameras. 14
	26	+	enforcement agency; requiring the Maryland Police Training and Standards 7
	27	+	Commission, in coordination with the Department of General Services and the 8
	28	+	Department of Information Technology, to study the cost and feasibility of 9
	29	+	implementing a statewide uniform storage and access system for the body–worn 10
	30	+	camera data of all law enforcement agencies; and generally relating to law 11
	31	+	enforcement agencies and body–worn cameras. 12
40	32
41		-	BY repealing and reenacting, without amendments, 15
42		-	Article – Public Safety 16
43		-	Section 3–101(a) and (e) and 3–201(a) and (d) 17
44		-	Annotated Code of Maryland 18
45		-	(2022 Replacement Volume) 19
	33	+	BY repealing and reenacting, without amendments, 13
	34	+	Article – Public Safety 14
	35	+	Section 3–101(a) and (e) and 3–201(a) and (d) 15
	36	+	Annotated Code of Maryland 16
	37	+	(2022 Replacement Volume) 17
46	38
47		-	BY adding to 20
48		-	Article – Public Safety 21 2 HOUSE BILL 332
	39	+	BY adding to 18
	40	+	Article – Public Safety 19
	41	+	Section 3–511.1 20
	42	+	Annotated Code of Maryland 21
	43	+	(2022 Replacement Volume) 22
49	44
	45	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
	46	+	That the Laws of Maryland read as follows: 24
50	47
51		-	Section 3–511.1 1
52		-	Annotated Code of Maryland 2
53		-	(2022 Replacement Volume) 3
54		-
55		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56		-	That the Laws of Maryland read as follows: 5
57		-
58		-	Article – Public Safety 6
59		-
60		-	3–101. 7
61		-
62		-	(a) In this title the following words have the meanings indicated. 8
63		-
64		-	(e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 9
65		-
66		-	3–201. 10
67		-
68		-	(a) In this subtitle the following words have the meanings indicated. 11
69		-
70		-	(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 12
71		-	office, or security force or law enforcement organization of the State, a county, or a 13
72		-	municipal corporation that by statute, ordinance, or common law is authorized to enforce 14
73		-	the general criminal laws of the State. 15
74		-
75		-	(2) “Law enforcement agency” does not include members of the Maryland 16
76		-	National Guard who: 17
77		-
78		-	(i) are under the control and jurisdiction of the Military 18
79		-	Department; 19
80		-
81		-	(ii) are assigned to the military property designated as the Martin 20
82		-	State Airport; and 21
83		-
84		-	(iii) are charged with exercising police powers in and for the Martin 22
85		-	State Airport. 23
86		-
87		-	3–511.1. 24
88		-
89		-	(A) (1) AT THE REQUEST OF A L AW ENFORCEMENT AGENC Y, THE THE 25
90		-	DEPARTMENT OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT 26
91		-	OF INFORMATION TECHNOLOGY , SHALL NEGOTIATE CONT RACTS TO ACQUIRE AND 27
92		-	MAINTAIN BODY –WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY FOR T HE LAW 28
93		-	ENFORCEMENT AGENCY , AT THE REQUEST OF ON E OR MORE LAW ENFORC EMENT 29
94		-	AGENCIES, WITH THIRD PARTIES F OR THE ACQUISITION O R MAINTENANCE OF 30
95		-	BODY–WORN CAMERAS , EQUIPMENT, OR TECHNOLOGY FOR LA W ENFORCEMENT 31
96		-	AGENCIES. 32 HOUSE BILL 332 3
	48	+	Article – Public Safety 25 2 HOUSE BILL 332
97	49
98	50
99	51
100		-	(2) THE CONTRACTS NEGOTIA TED UNDER PARAGRAPH (1) OF THIS 1
101		-	SUBSECTION MAY INCLU DE CONTRACTS FOR ANY RELATED EQUIPMENT OR 2
102		-	TECHNOLOGY DETERMINE D TO BE NECESSARY FO R THE EFF ECTIVE USE OF 3
103		-	BODY–WORN CAMERAS . 4
	52	+	3–101. 1
104	53
105		-	(3) THE DEPARTMENT OF GENERAL SERVICES SHALL NOTIFY ALL 5
106		-	LAW ENFORCEMENT AGEN CIES OF THE CONTRACT S THAT ARE BEING NEG OTIATED 6
107		-	UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y POSTING THE CONTRA CTS ON 7
108		-	EMARYLAND MARKETPLACE ADVANTAGE. 8
	54	+	(a) In this title the following words have the meanings indicated. 2
109	55
110		-	(B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS 9
111		-	SECTION SHALL PRIORI TIZE: 10
	56	+	(e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 3
112	57
113		-	(1) EQUIPMENT AND TECHNO LOGY THAT COMPLIES W ITH THE 11
114		-	POLICIES DEVELOPED B Y THE MARYLAND POLICE TRAINING AND STANDARDS 12
115		-	COMMISSION UNDER § 3–511 OF THIS SUBTITLE; 13
	58	+	3–201. 4
116	59
117		-	(2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY 14
118		-	STANDARDS AND BEST P RACTICES; 15
	60	+	(a) In this subtitle the following words have the meanings indicated. 5
119	61
120		-	(3) CYBERSECURITY AND DA TA PRIVACY; 16
	62	+	(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 6
	63	+	office, or security force or law enforcement organization of the State, a county, or a 7
	64	+	municipal corporation that by statute, ordinance, or common law is authorized to enforce 8
	65	+	the general criminal laws of the State. 9
121	66
122		-	(4) ~~COMPATIBILITY WITH D~~ ~~IFFERENT EQUIPMENT A~~ ~~ND 17~~
123		-	~~TECHNOLOGY ; 18~~
	67	+	(2) “Law enforcement agency” does not include members of the Maryland 10
	68	+	National Guard who: 11
124	69
125		-	(5) ~~CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT,~~ AND 19
126		-	~~TRANSFER DATA FROM BODY –WORN CAMERAS~~ ; ~~AND 20~~
	70	+	(i) are under the control and jurisdiction of the Military 12
	71	+	Department; 13
127	72
128		-	(6) COST EFFECTIVENESS . 21
	73	+	(ii) are assigned to the military property designated as the Martin 14
	74	+	State Airport; and 15
129	75
130		-	(C) FOR ANY CONTRACT NEGO TIATED UNDER SUBSECT ION (A) OF THIS 22
131		-	SECTION, THE RIGHT OF A LAW E NFORCEMENT AGENCY TO RECEIVE SERVICES 23
132		-	FROM AN ENTITY RELAT ED TO VIEWING, EDITING, REDACTING, OR TRANSFER RING 24
133		-	DATA FROM BODY –WORN CAMERAS MAY NOT BE RESTRICTED IN ANY MANNER. 25
	76	+	(iii) are charged with exercising police powers in and for the Martin 16
	77	+	State Airport. 17
134	78
135		-	~~SECTION 2~~. ~~AND BE IT FURTHER ENACTED, That: 26~~
	79	+	3–511.1. 18
136	80
137		-	(a) The ~~Maryland Police Training and Standards Commission Department~~ of 27
138		-	~~Information Technology~~, in coordination with the Department ~~of General Services and the 28~~
139		-	~~Department~~ of Information Technology, shall ~~study the cost~~ and ~~feasibility of implementing 29~~
140		-	~~a statewide uniform storage~~ and ~~access system~~ for the ~~body–worn camera data of all~~ law 30
141		-	enforcement ~~agencies, as defined in § 3–201 of the Public Safety Article~~. 31
	81	+	(A) (1) AT THE REQUEST OF A L AW ENFORCEMENT AGENC Y, THE 19
	82	+	DEPARTMENT OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT 20
	83	+	OF INFORMATION TECHNOLOGY , SHALL NEGOTIATE CONTRACTS TO ACQUIRE AND 21
	84	+	MAINTAIN BODY–WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY FOR THE LAW 22
	85	+	ENFORCEMENT AGENCY. 23
142	86
143		-	(b) The study shall include an analysis of: 32 4 HOUSE BILL 332
	87	+	(2) THE CONTRACTS NEGOTIATED UNDER PARAGRAPH (1) OF THIS 24
	88	+	SUBSECTION MAY INCLUDE CONTRACTS FOR ANY RELATED EQUIPMENT OR 25
	89	+	TECHNOLOGY DETERMINE D TO BE NECESSARY FO R THE EFFECTIVE USE OF 26
	90	+	BODY–WORN CAMERAS . 27
	91	+
	92	+	(B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS 28
	93	+	SECTION SHALL PRIORI TIZE: 29
	94	+
	95	+	(1) EQUIPMENT AND TECHNO LOGY THAT COMPLIES W ITH THE 30
	96	+	POLICIES DEVELOPED B Y THE MARYLAND POLICE TRAINING AND STANDARDS 31 HOUSE BILL 332 3
144	97
145	98
	99	+	COMMISSION UNDER § 3–511 OF THIS SUBTITLE; 1
146	100
147		-	(1) the best practices for the storage of body–worn camera data; and 1
	101	+	(2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY 2
	102	+	STANDARDS AND BEST P RACTICES; 3
148	103
149		-	(2) alternatives to a statewide uniform storage and access system for 2
150		-	body–worn camera data. 3
	104	+	(3) CYBERSECURITY AND DA TA PRIVACY; 4
151	105
152		-	(c) On or before December 1, 2023, the Maryland Police Training and Standards 4
153		-	Commission Department of Information Technology shall report the findings of the study 5
154		-	to the Senate Budget and Taxation Committee and the House Appropriations Committee, 6
155		-	in accordance with § 2–1257 of the State Government Article. 7
	106	+	(4) COMPATIBILITY WITH D IFFERENT EQUIPMENT A ND 5
	107	+	TECHNOLOGY; 6
156	108
157		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 8
158		-	apply only prospectively and may not be applied or interpreted to have any effect on or 9
159		-	application to any contract related to body–worn cameras negotiated before the effective 10
160		-	date of this Act. 11
	109	+	(5) CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT, AND 7
	110	+	TRANSFER DATA FROM B ODY–WORN CAMERAS ; AND 8
161	111
162		-	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
163		-	1, 2023. 13
	112	+	(6) COST EFFECTIVENESS . 9
	113	+
	114	+	(C) FOR ANY CONTRACT NEGO TIATED UNDER SUBSECT ION (A) OF THIS 10
	115	+	SECTION, THE RIGHT OF A LAW EN FORCEMENT AGENCY TO RECEIVE SERVICES 11
	116	+	FROM AN ENTITY RELAT ED TO VIEWING, EDITING, REDACTING, OR TRANSFERRING 12
	117	+	DATA FROM BODY –WORN CAMERAS MAY NOT BE RESTRICTED IN ANY MANNER. 13
	118	+
	119	+	SECTION 2. AND BE IT FURTHER ENACTED, Tha t: 14
	120	+
	121	+	(a) The Maryland Police Training and Standards Commission, in coordination 15
	122	+	with the Department of General Services and the Department of Information Technology, 16
	123	+	shall study the cost and feasibility of implementing a statewide uniform storage and access 17
	124	+	system for the body–worn camera data of all law enforcement agencies, as defined in § 18
	125	+	3–201 of the Public Safety Article. 19
	126	+
	127	+	(b) The study shall include an analysis of: 20
	128	+
	129	+	(1) the best practices for the storage of body–worn camera data; and 21
	130	+
	131	+	(2) alternatives to a statewide uniform storage and access system for 22
	132	+	body–worn camera data. 23
	133	+
	134	+	(c) On or before December 1, 2023, the Maryland Police Training and Standards 24
	135	+	Commission shall report the findings of the study to the Senate Budget and Taxation 25
	136	+	Committee and the House Appropriations Committee, in accordance with § 2–1257 of the 26
	137	+	State Government Article. 27
	138	+
	139	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
	140	+	apply only prospectively and may not be applied or interpreted to have any effect on or 29
	141	+	application to any contract related to body–worn cameras negotiated before the effective 30
	142	+	date of this Act. 31
	143	+	4 HOUSE BILL 332
164	144
165	145
166		-
167		-
168		-	Approved:
169		-	________________________________________________________________________________
170		-	Governor.
171		-	________________________________________________________________________________
172		-	Speaker of the House of Delegates.
173		-	________________________________________________________________________________
174		-	President of the Senate.
	146	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
	147	+	1, 2023. 2