Maryland 2023 Regular Session

Maryland Senate Bill SB330 Latest Draft

Bill / Chaptered Version Filed 05/18/2023

                             	WES MOORE, Governor 	Ch. 743 
 
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Chapter 743 
(Senate Bill 330) 
 
AN ACT concerning 
 
Public Safety – Law Enforcement – Body–Worn Cameras 
(Body–Worn Camera Appropriation and Financing Act of 2023) 
 
FOR the purpose of requiring the Department of General Services, in coordination with the 
Department of Information Technology, to negotiate certain contracts to acquire and 
maintain body–worn cameras, equipment, and technology at the request of a law 
enforcement agency with third parties for the acquisition or maintenance of  
body–worn cameras, equipment, or technology for certain law enforcement agencies; 
requiring the Maryland Police Training and Standards Commission Department of 
Information Technology, in coordination with the Department of General Services 
and the Department of Information Technology, to study the cost and feasibility of 
implementing a statewide uniform storage and access system for the body–worn 
camera data of all law enforcement agencies; and generally relating to law 
enforcement agencies and body–worn cameras. 
 
BY repealing and reenacting, without amendments, 
 Article – Public Safety 
 Section 3–101(a) and (e) and 3–201(a) and (d) 
 Annotated Code of Maryland 
 (2022 Replacement Volume) 
 
BY adding to 
 Article – Public Safety 
 Section 3–511.1 
 Annotated Code of Maryland 
 (2022 Replacement Volume) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Public Safety 
 
3–101. 
 
 (a) In this title the following words have the meanings indicated. 
 
 (e) “Law enforcement agency” has the meaning stated in § 3–201 of this title. 
 
3–201. 
 
 (a) In this subtitle the following words have the meanings indicated.  Ch. 743 	2023 LAWS OF MARYLAND  
 
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 (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 
office, or security force or law enforcement organization of the State, a county, or a 
municipal corporation that by statute, ordinance, or common law is authorized to enforce 
the general criminal laws of the State. 
 
 (2) “Law enforcement agency” does not include members of the Maryland 
National Guard who: 
 
 (i) are under the control and jurisdiction of the Military 
Department; 
 
 (ii) are assigned to the military property designated as the Martin 
State Airport; and 
 
 (iii) are charged with exercising police powers in and for the Martin 
State Airport. 
 
3–511.1. 
 
 (A) (1) AT THE REQUEST OF A L AW ENFORCEMENT AGENC Y, THE THE 
DEPARTMENT OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT 
OF INFORMATION TECHNOLOGY , SHALL NEGOTIATE CONT RACTS TO ACQUIRE AND 
MAINTAIN BODY –WORN CAMERAS , EQUIPMENT, AND TECHNOLOGY FOR T HE LAW 
ENFORCEMENT AGENCY , AT THE REQUEST OF ON E OR MORE LAW ENFORCEMENT 
AGENCIES, WITH THIRD PARTIES F OR THE ACQUISITION O R MAINTENANCE OF 
BODY–WORN CAMERAS , EQUIPMENT, OR TECHNOLOGY FOR LA W ENFORCEMENT 
AGENCIES. 
 
 (2) THE CONTRACTS NEGOTIA TED UNDER PARAGRAPH (1) OF THIS 
SUBSECTION MAY INCLU DE CONTRACTS FOR ANY RELATED EQUIPMENT OR 
TECHNOLOGY DETERMINE D TO BE NECESSARY FO R THE EFFECTIVE USE OF  
BODY–WORN CAMERAS . 
 
 (3) THE DEPARTMENT OF GENERAL SERVICES SHALL NOTIFY ALL 
LAW ENFORCEMENT AGEN CIES OF THE CONTRACT S THAT ARE BEING NEG OTIATED 
UNDER PARAGRAPH (1) OF THIS SUBSECTION BY POST ING THE CONTRACTS ON 
EMARYLAND MARKETPLACE ADVANTAGE.  
 
 (B) THE CONTRACTS NEGOTIA TED UNDER SUBSECTION (A) OF THIS 
SECTION SHALL PRIORI TIZE: 
   	WES MOORE, Governor 	Ch. 743 
 
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 (1) EQUIPMENT AND TECHNO LOGY THAT COMPLIES W ITH THE 
POLICIES DEVELOPED B Y THE MARYLAND POLICE TRAINING AND STANDARDS 
COMMISSION UNDER § 3–511 OF THIS SUBTITLE; 
 
 (2) EQUIPMENT AND TECHNO LOGY THAT CONFORM TO INDUSTRY 
STANDARDS AND BEST P RACTICES; 
 
 (3) CYBERSECURITY AND DA TA PRIVACY; 
 
 (4) COMPATIBILITY WITH D	IFFERENT EQUIPMENT A	ND 
TECHNOL OGY; 
 
 (5) CAPABILITIES TO EFFE CTIVELY VIEW , EDIT, REDACT, AND 
TRANSFER DATA FROM B ODY–WORN CAMERAS ; AND 
 
 (6) COST EFFECTIVENESS . 
 
 (C) FOR ANY CONTRACT NEGO TIATED UNDER SUBSECT ION (A) OF THIS 
SECTION, THE RIGHT OF A LAW E NFORCEMENT AGENCY TO RECEIVE SERVICES 
FROM AN ENTITY RELAT ED TO VIEWING, EDITING, REDACTING, OR TRANSFERRING 
DATA FROM BODY –WORN CAMERAS MAY NOT BE RESTRICTED IN ANY MANNER. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 
 
 (a) The Maryland Police Training and Standards Commission Department of 
Information Technology, in coordination with the Department of General Services and the 
Department of Information Technology, shall study the cost and feasibility of implementing 
a statewide uniform storage and access system for the body–worn camera data of all law 
enforcement agencies, as defined in § 3–201 of the Public Safety Article. 
 
 (b) The study shall include an analysis of: 
 
 (1) the best practices for the storage of body–worn camera data; and 
 
 (2) alternatives to a statewide uniform storage and access system for  
body–worn camera data. 
 
 (c) On or before December 1, 2023, the Maryland Police Training and Standards 
Commission Department of Information Technology shall report the findings of the study 
to the Senate Budget and Taxation Committee and the House Appropriations Committee, 
in accordance with § 2–1257 of the State Government Article. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 
apply only prospectively and may not be applied or interpreted to have any effect on or  Ch. 743 	2023 LAWS OF MARYLAND  
 
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application to any contract related to body–worn cameras negotiated before the effective 
date of this Act. 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2023. 
 
Approved by the Governor, May 16, 2023.