Maryland 2023 Regular Session

Maryland Senate Bill SB330 Compare Versions

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1- WES MOORE, Governor Ch. 743
21
3-– 1 –
4-Chapter 743
5-(Senate Bill 330)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0330*
810
9-Public Safety – Law Enforcement – Body–Worn Cameras
10-(Body–Worn Camera Appropriation and Financing Act of 2023)
11+SENATE BILL 330
12+E4 (3lr2214)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Senator Ready
1116
12-FOR the purpose of requiring the Department of General Services, in coordination with the
13-Department of Information Technology, to negotiate certain contracts to acquire and
14-maintain body–worn cameras, equipment, and technology at the request of a law
15-enforcement agency with third parties for the acquisition or maintenance of
16-body–worn cameras, equipment, or technology for certain law enforcement agencies;
17-requiring the Maryland Police Training and Standards Commission Department of
18-Information Technology, in coordination with the Department of General Services
19-and the Department of Information Technology, to study the cost and feasibility of
20-implementing a statewide uniform storage and access system for the body–worn
21-camera data of all law enforcement agencies; and generally relating to law
22-enforcement agencies and body–worn cameras.
17+Read and Examined by Proofreaders:
2318
24-BY repealing and reenacting, without amendments,
25- Article – Public Safety
26- Section 3–101(a) and (e) and 3–201(a) and (d)
27- Annotated Code of Maryland
28- (2022 Replacement Volume)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2923
30-BY adding to
31- Article – Public Safety
32- Section 3–511.1
33- Annotated Code of Maryland
34- (2022 Replacement Volume)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3525
36- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
37-That the Laws of Maryland read as follows:
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3827
39-Article – Public Safety
28+______________________________________________
29+President.
4030
41-3–101.
31+CHAPTER ______
4232
43- (a) In this title the following words have the meanings indicated.
33+AN ACT concerning 1
4434
45- (e) “Law enforcement agency” has the meaning stated in § 3–201 of this title.
35+Public Safety – Law Enforcement – Body–Worn Cameras 2
36+(Body–Worn Camera Appropriation and Financing Act of 2023) 3
4637
47-3–201.
38+FOR the purpose of requiring the Department of General Services, in coordination with the 4
39+Department of Information Technology, to negotiate certain contracts to acquire and 5
40+maintain body–worn cameras, equipment, and technology at the request of a law 6
41+enforcement agency with third parties for the acquisition or maintenance of 7
42+body–worn cameras, equipment, or technology for certain law enforcement agencies; 8
43+requiring the Maryland Police Training and Standards Commission Department of 9
44+Information Technology, in coordination with the Department of General Services 10
45+and the Department of Information Technology, to study the cost and feasibility of 11
46+implementing a statewide uniform storage and access system for the body–worn 12
47+camera data of all law enforcement agencies; and generally relating to law 13
48+enforcement agencies and body–worn cameras. 14
49+ 2 SENATE BILL 330
4850
49- (a) In this subtitle the following words have the meanings indicated. Ch. 743 2023 LAWS OF MARYLAND
5051
51-– 2 –
52+BY repealing and reenacting, without amendments, 1
53+ Article – Public Safety 2
54+ Section 3–101(a) and (e) and 3–201(a) and (d) 3
55+ Annotated Code of Maryland 4
56+ (2022 Replacement Volume) 5
5257
53- (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s
54-office, or security force or law enforcement organization of the State, a county, or a
55-municipal corporation that by statute, ordinance, or common law is authorized to enforce
56-the general criminal laws of the State.
58+BY adding to 6
59+ Article – Public Safety 7
60+ Section 3–511.1 8
61+ Annotated Code of Maryland 9
62+ (2022 Replacement Volume) 10
5763
58- (2) “Law enforcement agency” does not include members of the Maryland
59-National Guard who:
64+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65+That the Laws of Maryland read as follows: 12
6066
61- (i) are under the control and jurisdiction of the Military
62-Department;
67+Article – Public Safety 13
6368
64- (ii) are assigned to the military property designated as the Martin
65-State Airport; and
69+3–101. 14
6670
67- (iii) are charged with exercising police powers in and for the Martin
68-State Airport.
71+ (a) In this title the following words have the meanings indicated. 15
6972
70-3–511.1.
73+ (e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 16
7174
72- (A) (1) AT THE REQUEST OF A L AW ENFORCEMENT AGENC Y, THE THE
73-DEPARTMENT OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT
74-OF INFORMATION TECHNOLOGY , SHALL NEGOTIATE CONT RACTS TO ACQUIRE AND
75-MAINTAIN BODY –WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY FOR T HE LAW
76-ENFORCEMENT AGENCY , AT THE REQUEST OF ON E OR MORE LAW ENFORCEMENT
77-AGENCIES, WITH THIRD PARTIES F OR THE ACQUISITION O R MAINTENANCE OF
78-BODY–WORN CAMERAS , EQUIPMENT, OR TECHNOLOGY FOR LA W ENFORCEMENT
79-AGENCIES.
75+3–201. 17
8076
81- (2) THE CONTRACTS NEGOTIA TED UNDER PARAGRAPH (1) OF THIS
82-SUBSECTION MAY INCLU DE CONTRACTS FOR ANY RELATED EQUIPMENT OR
83-TECHNOLOGY DETERMINE D TO BE NECESSARY FO R THE EFFECTIVE USE OF
84-BODY–WORN CAMERAS .
77+ (a) In this subtitle the following words have the meanings indicated. 18
8578
86- (3) THE DEPARTMENT OF GENERAL SERVICES SHALL NOTIFY ALL
87-LAW ENFORCEMENT AGEN CIES OF THE CONTRACT S THAT ARE BEING NEG OTIATED
88-UNDER PARAGRAPH (1) OF THIS SUBSECTION BY POST ING THE CONTRACTS ON
89-EMARYLAND MARKETPLACE ADVANTAGE.
79+ (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 19
80+office, or security force or law enforcement organization of the State, a county, or a 20
81+municipal corporation that by statute, ordinance, or common law is authorized to enforce 21
82+the general criminal laws of the State. 22
9083
91- (B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS
92-SECTION SHALL PRIORI TIZE:
93- WES MOORE, Governor Ch. 743
84+ (2) “Law enforcement agency” does not include members of the Maryland 23
85+National Guard who: 24
9486
95-– 3 –
96- (1) EQUIPMENT AND TECHNO LOGY THAT COMPLIES W ITH THE
97-POLICIES DEVELOPED B Y THE MARYLAND POLICE TRAINING AND STANDARDS
98-COMMISSION UNDER § 3–511 OF THIS SUBTITLE;
87+ (i) are under the control and jurisdiction of the Military 25
88+Department; 26
9989
100- (2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY
101-STANDARDS AND BEST P RACTICES;
90+ (ii) are assigned to the military property designated as the Martin 27
91+State Airport; and 28
10292
103- (3) CYBERSECURITY AND DA TA PRIVACY;
93+ (iii) are charged with exercising police powers in and for the Martin 29
94+State Airport. 30
10495
105- (4) COMPATIBILITY WITH D IFFERENT EQUIPMENT A ND
106-TECHNOL OGY;
96+3–511.1. 31
97+ SENATE BILL 330 3
10798
108- (5) CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT, AND
109-TRANSFER DATA FROM B ODY–WORN CAMERAS ; AND
11099
111- (6) COST EFFECTIVENESS .
100+ (A) (1) AT THE REQUEST OF A L AW ENFORCEMENT AGENC Y, THE THE 1
101+DEPARTMENT OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT 2
102+OF INFORMATION TECHNOLOGY , SHALL NEGOTIATE CONT RACTS TO ACQUIRE AND 3
103+MAINTAIN BODY –WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY FOR T HE LAW 4
104+ENFORCEMENT AGENCY , AT THE REQUEST OF ON E OR MORE LAW ENFORCEMENT 5
105+AGENCIES, WITH THIRD PARTIES F OR THE ACQUISITION O R MAINTENANCE OF 6
106+BODY–WORN CAMERAS , EQUIPMENT, OR TECHNOLOGY FOR LA W ENFORCEMENT 7
107+AGENCIES. 8
112108
113- (C) FOR ANY CONTRACT NEGO TIATED UNDER SUBSECT ION (A) OF THIS
114-SECTION, THE RIGHT OF A LAW E NFORCEMENT AGENCY TO RECEIVE SERVICES
115-FROM AN ENTITY RELAT ED TO VIEWING, EDITING, REDACTING, OR TRANSFERRING
116-DATA FROM BODY –WORN CAMERAS MAY NOT BE RESTRICTED IN ANY MANNER.
109+ (2) THE CONTRACTS NEGOTIA TED UNDER PARAGRAPH (1) OF THIS 9
110+SUBSECTION MAY INCLU DE CONTRACTS FOR ANY RELATED EQUIPMENT OR 10
111+TECHNOLOGY DETERMINE D TO BE NECESSARY FO R THE EFFECTIVE USE OF 11
112+BODY–WORN CAMERAS . 12
117113
118- SECTION 2. AND BE IT FURTHER ENACTED, That:
114+ (3) THE DEPARTMENT OF GENERAL SERVICES SHALL NOTIFY ALL 13
115+LAW ENFORCEMENT AGEN CIES OF THE CONTRACT S THAT ARE BEING NEG OTIATED 14
116+UNDER PARAGRAPH (1) OF THIS SUBSECTION BY POST ING THE CONTRACTS ON 15
117+EMARYLAND MARKETPLACE ADVANTAGE. 16
119118
120- (a) The Maryland Police Training and Standards Commission Department of
121-Information Technology, in coordination with the Department of General Services and the
122-Department of Information Technology, shall study the cost and feasibility of implementing
123-a statewide uniform storage and access system for the body–worn camera data of all law
124-enforcement agencies, as defined in § 3–201 of the Public Safety Article.
119+ (B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS 17
120+SECTION SHALL PRIORI TIZE: 18
125121
126- (b) The study shall include an analysis of:
122+ (1) EQUIPMENT AND TECHNO LOGY THAT COMPLIES W ITH THE 19
123+POLICIES DEVELOPED B Y THE MARYLAND POLICE TRAINING AND STANDARDS 20
124+COMMISSION UNDER § 3–511 OF THIS SUBTITLE; 21
127125
128- (1) the best practices for the storage of body–worn camera data; and
126+ (2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY 22
127+STANDARDS AND BEST P RACTICES; 23
129128
130- (2) alternatives to a statewide uniform storage and access system for
131-body–worn camera data.
129+ (3) CYBERSECURITY AND DA TA PRIVACY; 24
132130
133- (c) On or before December 1, 2023, the Maryland Police Training and Standards
134-Commission Department of Information Technology shall report the findings of the study
135-to the Senate Budget and Taxation Committee and the House Appropriations Committee,
136-in accordance with § 2–1257 of the State Government Article.
131+ (4) COMPATIBILITY WITH D IFFERENT EQUIPMENT A ND 25
132+TECHNOL OGY; 26
137133
138- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to
139-apply only prospectively and may not be applied or interpreted to have any effect on or Ch. 743 2023 LAWS OF MARYLAND
134+ (5) CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT, AND 27
135+TRANSFER DATA FROM B ODY–WORN CAMERAS ; AND 28
140136
141-– 4 –
142-application to any contract related to body–worn cameras negotiated before the effective
143-date of this Act.
137+ (6) COST EFFECTIVENESS . 29
144138
145- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July
146-1, 2023.
139+ (C) FOR ANY CONTRACT NEGO TIATED UNDER SUBSECT ION (A) OF THIS 30
140+SECTION, THE RIGHT OF A LAW E NFORCEMENT AGENCY TO RECEIVE SE RVICES 31
141+FROM AN ENTITY RELAT ED TO VIEWING, EDITING, REDACTING, OR TRANSFERRING 32
142+DATA FROM BODY –WORN CAMERAS MAY NOT BE RESTRICTED IN ANY MANNER. 33
143+ 4 SENATE BILL 330
147144
148-Approved by the Governor, May 16, 2023.
145+
146+ SECTION 2. AND BE IT FURTHER ENACTED, That: 1
147+
148+ (a) The Maryland Police Training and Standards Commission Department of 2
149+Information Technology, in coordination with the Department of General Services and the 3
150+Department of Information Technology, shall study the cost and feasibility of implementing 4
151+a statewide uniform storage and access system for the body–worn camera data of all law 5
152+enforcement agencies, as defined in § 3–201 of the Public Safety Article. 6
153+
154+ (b) The study shall include an analysis of: 7
155+
156+ (1) the best practices for the storage of body–worn camera data; and 8
157+
158+ (2) alternatives to a statewide uniform storage and access system for 9
159+body–worn camera data. 10
160+
161+ (c) On or before December 1, 2023, the Maryland Police Training and Standards 11
162+Commission Department of Information Technology shall report the findings of the study 12
163+to the Senate Budget and Taxation Committee and the House Appropriations Committee, 13
164+in accordance with § 2–1257 of the State Government Article. 14
165+
166+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 15
167+apply only prospectively and may not be applied or interpreted to have any effect on or 16
168+application to any contract related to body–worn cameras negotiated before the effective 17
169+date of this Act. 18
170+
171+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
172+1, 2023. 20
173+
174+
175+
176+
177+Approved:
178+________________________________________________________________________________
179+ Governor.
180+________________________________________________________________________________
181+ President of the Senate.
182+________________________________________________________________________________
183+ Speaker of the House of Delegates.