Maryland 2023 Regular Session

Maryland House Bill HB332 Latest Draft

Bill / Engrossed Version Filed 04/06/2023

                             
 
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.