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. *sb0330* SENATE BILL 330 E4 3lr2214 CF HB 332 By: Senator Ready Introduced and read first time: January 27, 2023 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 28, 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 contracts to acquire and 5 maintain body–worn cameras, equipment, and technology at the request of a law 6 enforcement agency; requiring the Maryland Police Training and Standards 7 Commission Department of Information Technology, in coordination with the 8 Department of General Services and the Department of Information Technology, to 9 study the cost and feasibility of implementing a statewide uniform storage and 10 access system for the body–worn camera data of all law enforcement agencies; and 11 generally relating to law enforcement agencies and body–worn cameras. 12 BY repealing and reenacting, without amendments, 13 Article – Public Safety 14 Section 3–101(a) and (e) and 3–201(a) and (d) 15 Annotated Code of Maryland 16 (2022 Replacement Volume) 17 BY adding to 18 Article – Public Safety 19 Section 3–511.1 20 Annotated Code of Maryland 21 (2022 Replacement Volume) 22 2 SENATE BILL 330 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Public Safety 3 3–101. 4 (a) In this title the following words have the meanings indicated. 5 (e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 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 ju risdiction 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 3–511.1. 21 (A) (1) AT THE REQUEST OF A LAW ENFORCEMENT AG ENCY, THE 22 DEPARTMENT OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT 23 OF INFORMATION TECHNOLOGY , SHALL NEGOTIATE CONT RACTS TO ACQUIRE AND 24 MAINTAIN BODY –WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY FOR T HE LAW 25 ENFORCEMENT AGENCY . 26 (2) THE CONTRACTS NEGOTIA TED UNDER PARAGRAPH (1) OF THIS 27 SUBSECTION MAY INCLU DE CONTRACTS FOR ANY RELATED EQUIPMENT OR 28 TECHNOLOGY DETERMINE D TO BE NECESSARY FO R THE EFFECTIVE USE OF 29 BODY–WORN CAMERAS . 30 SENATE BILL 330 3 (B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS 1 SECTION SHALL PRIORI TIZE: 2 (1) EQUIPMENT AND TECHNO LOGY THAT COMPLIES W ITH THE 3 POLICIES DEVELOPED B Y THE MARYLAND POLICE TRAINING AND STANDARDS 4 COMMISSION UNDER § 3–511 OF THIS SUBTITLE; 5 (2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY 6 STANDARDS AND BEST PRACT ICES; 7 (3) CYBERSECURITY AND DA TA PRIVACY; 8 (4) COMPATIBILITY WITH D IFFERENT EQUIPMENT A ND 9 TECHNOLOGY ; 10 (5) CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT, AND 11 TRANSFER DATA FROM B ODY–WORN CAMERAS ; AND 12 (6) COST EFFECTIVENESS . 13 (C) FOR ANY CONTRACT NEGO TIATED UNDER SUBSECT ION (A) OF THIS 14 SECTION, THE RIGHT OF A LAW E NFORCEMENT AGENCY TO RECEIVE SERVICES 15 FROM AN ENTITY RELAT ED TO VIEWING, EDITING, REDACTING, OR TRANSFERRING 16 DATA FROM BODY –WORN CAMERAS MAY NOT BE RESTRICTED IN ANY MANNER. 17 SECTION 2. AND BE IT FURTHER ENACTED, That: 18 (a) The Maryland Police Training and Standards Commission Department of 19 Information Technology, in coordination with the Department of General Services and the 20 Department of Information Technology, shall study the cost and feasibility of implementing 21 a statewide uniform storage and access system for the body–worn camera data of all law 22 enforcement agencies, as defined in § 3–201 of the Public Safety Article. 23 (b) The study shall include an analysis of: 24 (1) the best practices for the storage of body–worn camera data; and 25 (2) alternatives to a statewide uniform storage and access system for 26 body–worn camera data. 27 (c) On or before December 1, 2023, the Maryland Police Training and Standards 28 Commission Department of Information Technology shall report the findings of the study 29 to the Senate Budget and Taxation Committee and the House Appropriations Committee, 30 in accordance with § 2–1257 of the State Government Article. 31 4 SENATE BILL 330 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1 apply only prospectively and may not be applied or interpreted to have any effect on or 2 application to any contract related to body–worn cameras negotiated before the effective 3 date of this Act. 4 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5 1, 2023. 6 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.