EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0040*
SENATE BILL 40
P3, E4 3lr0698
SB 31/22 – JPR (PRE–FILED)
By: Senator Sydnor
Requested: November 4, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Public Information Act – Inspection of Records From Body–Worn Digital 2
Recording Devices 3
FOR the purpose of establishing certain requirements for a custodian of records related to 4
certain recordings from a certain body–worn digital recording device worn by a law 5
enforcement officer; requiring the Maryland Police Training and Standards 6
Commission to develop certain uniform standards and policies in consultation with 7
certain groups; and generally relating to the inspection of recordings from body–worn 8
digital recording devices worn by law enforcement officers. 9
BY repealing and reenacting, with amendments, 10
Article – General Provisions 11
Section 4–101 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2022 Supplement) 14
BY adding to 15
Article – General Provisions 16
Section 4–357 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – General Provisions 22
4–101. 23
(a) In this title the following words have the meanings indicated. 24 2 SENATE BILL 40
(b) “Applicant” means a person or governmental unit that asks to inspect a public 1
record. 2
(c) “Board” means the State Public Information Act Compliance Board. 3
(D) “BODY–WORN DIGITAL RECORDI NG DEVICE” HAS THE MEANING STAT ED 4
IN § 10–402 OF THE COURTS ARTICLE. 5
[(d)] (E) “Custodian” means: 6
(1) the official custodian; or 7
(2) any other authorized individual who has physical custody and control 8
of a public record. 9
[(e)] (F) “News media” means: 10
(1) newspapers; 11
(2) magazines; 12
(3) journals; 13
(4) press associations; 14
(5) news agencies; 15
(6) wire services; 16
(7) radio; 17
(8) television; and 18
(9) any printed, photographic, mechanical, or electronic means of 19
disseminating news and information to the public. 20
[(f)] (G) “Official custodian” means an officer or employee of the State or of a 21
political subdivision who is responsible for keeping a public record, whether or not the 22
officer or employee has physical custody and control of the public record. 23
[(g)] (H) “Person in interest” means: 24
(1) a person or governmental unit that is the subject of a public record or a 25
designee of the person or governmental unit; 26
SENATE BILL 40 3
(2) if the person has a legal disability, the parent or legal representative of 1
the person; or 2
(3) as to requests for correction of certificates of death under § 5–310(d)(2) 3
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 4
or guardian of the person of the deceased at the time of the deceased’s death. 5
[(h)] (I) (1) “Personal information” means information that identifies an 6
individual. 7
(2) Except as provided in § 4–355 of this title, “personal information” 8
includes an individual’s: 9
(i) name; 10
(ii) address; 11
(iii) driver’s license number or any other identification number; 12
(iv) medical or disability information; 13
(v) photograph or computer–generated image; 14
(vi) Social Security number; and 15
(vii) telephone number. 16
(3) “Personal information” does not include an individual’s: 17
(i) driver’s status; 18
(ii) driving offenses; 19
(iii) five–digit zip code; or 20
(iv) information on vehicular accidents. 21
[(i)] (J) “Police officer” has the meaning stated in § 3–201 of the Public Safety 22
Article. 23
[(j)] (K) “Political subdivision” means: 24
(1) a county; 25
(2) a municipal corporation; 26
(3) an unincorporated town; 27 4 SENATE BILL 40
(4) a school district; or 1
(5) a special district. 2
[(k)] (L) (1) “Public record” means the original or any copy of any 3
documentary material that: 4
(i) is made by a unit or an instrumentality of the State or of a 5
political subdivision or received by the unit or instrumentality in connection with the 6
transaction of public business; and 7
(ii) is in any form, including: 8
1. a card; 9
2. a computerized record; 10
3. correspondence; 11
4. a drawing; 12
5. film or microfilm; 13
6. a form; 14
7. a map; 15
8. a photograph or photostat; 16
9. a recording; or 17
10. a tape. 18
(2) “Public record” includes a document that lists the salary of an employee 19
of a unit or an instrumentality of the State or of a political subdivision. 20
(3) “Public record” does not include: 21
(i) a digital photographic image or signature of an individual, or the 22
actual stored data of the image or signature, recorded by the Motor Vehicle Administration; 23
or 24
(ii) a record or any information submitted to the Public Access 25
Ombudsman or the Board under Subtitle 1B of this title. 26
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[(l)] (M) “Technical infraction” means a minor rule violation by an individual 1
solely related to the enforcement of administrative rules that: 2
(1) does not involve an interaction between a member of the public and the 3
individual; 4
(2) does not relate to the individual’s investigative, enforcement, training, 5
supervision, or reporting responsibilities; and 6
(3) is not otherwise a matter of public concern. 7
4–357. 8
(A) (1) THIS SECTION DOES NOT APPLY TO A PUBLIC RE CORD THAT HAS 9
BEEN ENTERED INTO EV IDENCE IN A COURT PR OCEEDING. 10
(2) THIS SECTION MAY NOT BE CONSTRUED TO AFFE CT THE 11
DISCOVERY OR EVIDENT IARY RIGHTS OF A PAR TY TO A CIVIL SUIT O R CRIMINAL 12
PROSECUTION . 13
(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A 14
CUSTODIAN SHALL DENY INSPECTION OF THAT P ART OF A RECORDING F ROM A 15
BODY–WORN DIGITAL RECORDI NG DEVICE REGARDING AN INCIDENT THAT : 16
(I) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 17
A VICTIM OF DOMESTIC VIOLENCE , AS DEFINED IN § 4–701 OF THE FAMILY LAW 18
ARTICLE; 19
(II) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 20
A VICTIM OF A VIOLATION OF TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE; 21
(III) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 22
A VICTIM OF, EXCEPT FOR A VIOLATI ON OF § 3–607 OF THE CRIMINAL LAW ARTICLE 23
WHERE THE VICTIM IS AN ADULT, A VIOLATION OF TITLE 3, SUBTITLE 6 OF THE 24
CRIMINAL LAW ARTICLE; OR 25
(IV) DOES NOT RESULT IN : 26
1. THE ARREST , ATTEMPTED ARREST , TEMPORARY 27
DETENTION, ATTEMPTED TEMPORARY DETENTION, SEARCH, ATTEMPTED SEARCH , 28
CITATION, DEATH, OR INJURY OF AN INDI VIDUAL; 29
2. THE USE OF FORCE AGA INST AN INDIVIDUAL ; OR 30
6 SENATE BILL 40
3. A COMPLAINT OR AN AL LEGATION OF OFFICER 1
MISCONDUCT MADE AGAI NST ANY LAW ENFORCEM ENT OFFICER INVOLVED IN THE 2
INCIDENT. 3
(2) A CUSTODIAN SHALL DENY INSPECTION OF RECORD S AS 4
REQUIRED BY THIS SUB SECTION REGARDLESS O F A SUBSEQUENT ACTIO N TAKEN BY 5
LAW ENFORCEMENT OR A COURT RESULTING FROM THE INCIDENT RECORDE D. 6
(3) (I) A VICTIM WHO IS THE SU BJECT OF A RECORD SH ALL BE 7
NOTIFIED OF ALL REQUESTS TO INSP ECT THE RECORD . 8
(II) THE MARYLAND POLICE TRAINING AND STANDARDS 9
COMMISSION, IN CONSULTATION WITH THE MARYLAND ASSOCIATION OF 10
COUNTIES, THE MARYLAND MUNICIPAL LEAGUE, LAW ENFORCEMENT AGEN CIES, 11
THE NEWS MEDIA , VICTIMS’ RIGHTS ADVOCATE S, AND OTHER STAKEHOLDE RS, 12
SHALL DEVELOP UNIFORM STAN DARDS AND PROCEDURES TO CARRY OUT THE 13
PROVISIONS OF THIS P ARAGRAPH. 14
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A CUSTODIAN 15
SHALL ALLOW INSPECTI ON OF A RECORDING FR OM A BODY –WORN DIGITAL 16
RECORDING DEVICE BY : 17
(I) AN INDIVIDUAL WHO IS A SUBJECT IN THE REC ORDING AND 18
IS DIRECTLY INVOLVED IN THE INCIDENT THAT PROMPTED THE RECORDI NG; 19
(II) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 20
PARAGRAPH IS A MINOR , THE INDIVIDUAL ’S PARENT OR LEGAL GUARDIAN; 21
(III) IF THE INDIVIDUAL DE SCRIBED IN ITEM (I) OF THIS 22
PARAGRAPH IS DECEASE D OR UNABLE TO REQUE ST THE RECORDING DUE TO 23
INJURY, THE INDIVIDUAL ’S PARENT, LEGAL GUARDIAN , SPOUSE, ADULT CHILD, OR 24
NEXT OF KIN, OR A REPRESENTATIVE OF THE INDIVIDUAL ’S ESTATE; OR 25
(IV) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 26
PARAGRAPH IS AN INCA PACITATED PERSON , AS DEFINED IN § 13.5–101 OF THE 27
ESTATES AND TRUSTS ARTICLE, THE INDIVIDUAL ’S GUARDIAN OR AGENT . 28
(2) A CUSTODIAN MAY NOT AL LOW INSPECTION OR COPYING OF A 29
RECORDING FROM A BOD Y–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL 30
WHO IS UNDER INVESTI GATION FOR OR IS CHARGED WITH A VI OLATION DESCRIBED 31
IN SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT 32
LEADING TO THE INVES TIGATION OR CHARGE . 33
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(3) A CUSTODIAN MAY NOT AL LOW COPYING OF A REC ORDING FROM 1
A BODY–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL WHO HAS RECEIVED 2
PROBATION BEFORE JUD GMENT FOR , IS SUBJECT TO A PEAC E OR PROTECTIVE 3
ORDER AS A RESULT OF , HAS PLEADED NOLO CON TENDERE TO , HAS PLEADED 4
GUILTY TO, OR HAS BEEN FOUND GU ILTY OF A VIOLATION DESCRIBED IN 5
SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT LEADING 6
TO THE PROBATION BEF ORE JUDGMENT , ORDER, PLEA, OR VERDICT. 7
SECTION 2. AND BE IT FURTHER ENACTED, That t his Act shall take effect 8
October 1, 2023. 9