| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0040* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 40 | |
| 11 | 8 | P3, E4 3lr0698 | |
| 12 | 9 | SB 31/22 – JPR (PRE–FILED) | |
| 13 | 10 | By: Senator Sydnor | |
| 14 | 11 | Requested: November 4, 2022 | |
| 15 | 12 | Introduced and read first time: January 11, 2023 | |
| 16 | 13 | Assigned to: Judicial Proceedings | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: March 3, 2023 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Public Information Act – Inspection of Records From Body–Worn Digital 2 | |
| 26 | 20 | Recording Devices 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of establishing certain requirements for a custodian of records related to 4 | |
| 29 | 23 | certain recordings from a certain body–worn digital recording device worn by a law 5 | |
| 30 | 24 | enforcement officer; requiring the Maryland Police Training and Standards 6 | |
| 31 | 25 | Commission to develop certain uniform standards and policies in consultation with 7 | |
| 32 | 26 | certain groups; and generally relating to the inspection of recordings from body–worn 8 | |
| 33 | 27 | digital recording devices worn by law enforcement officers. 9 | |
| 34 | 28 | ||
| 35 | 29 | BY repealing and reenacting, with amendments, 10 | |
| 36 | 30 | Article – General Provisions 11 | |
| 37 | 31 | Section 4–101 12 | |
| 38 | 32 | Annotated Code of Maryland 13 | |
| 39 | 33 | (2019 Replacement Volume and 2022 Supplement) 14 | |
| 40 | 34 | ||
| 41 | 35 | BY adding to 15 | |
| 42 | 36 | Article – General Provisions 16 | |
| 43 | 37 | Section 4–357 17 | |
| 44 | 38 | Annotated Code of Maryland 18 | |
| 45 | 39 | (2019 Replacement Volume and 2022 Supplement) 19 | |
| 46 | 40 | ||
| 47 | 41 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 48 | - | That the Laws of Maryland read as follows: 21 2 SENATE BILL 40 | |
| 42 | + | That the Laws of Maryland read as follows: 21 | |
| 43 | + | ||
| 44 | + | Article – General Provisions 22 | |
| 45 | + | ||
| 46 | + | 4–101. 23 | |
| 47 | + | ||
| 48 | + | (a) In this title the following words have the meanings indicated. 24 2 SENATE BILL 40 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | ||
| 52 | - | Article – General Provisions 1 | |
| 52 | + | (b) “Applicant” means a person or governmental unit that asks to inspect a public 1 | |
| 53 | + | record. 2 | |
| 53 | 54 | ||
| 54 | - | ||
| 55 | + | (c) “Board” means the State Public Information Act Compliance Board. 3 | |
| 55 | 56 | ||
| 56 | - | (a) In this title the following words have the meanings indicated. 3 | |
| 57 | + | (D) “BODY–WORN DIGITAL RECORDI NG DEVICE” HAS THE MEANING STAT ED 4 | |
| 58 | + | IN § 10–402 OF THE COURTS ARTICLE. 5 | |
| 57 | 59 | ||
| 58 | - | (b) “Applicant” means a person or governmental unit that asks to inspect a public 4 | |
| 59 | - | record. 5 | |
| 60 | + | [(d)] (E) “Custodian” means: 6 | |
| 60 | 61 | ||
| 61 | - | ( | |
| 62 | + | (1) the official custodian; or 7 | |
| 62 | 63 | ||
| 63 | - | ( | |
| 64 | - | ||
| 64 | + | (2) any other authorized individual who has physical custody and control 8 | |
| 65 | + | of a public record. 9 | |
| 65 | 66 | ||
| 66 | - | [( | |
| 67 | + | [(e)] (F) “News media” means: 10 | |
| 67 | 68 | ||
| 68 | - | (1) | |
| 69 | + | (1) newspapers; 11 | |
| 69 | 70 | ||
| 70 | - | (2) any other authorized individual who has physical custody and control 11 | |
| 71 | - | of a public record. 12 | |
| 71 | + | (2) magazines; 12 | |
| 72 | 72 | ||
| 73 | - | ||
| 73 | + | (3) journals; 13 | |
| 74 | 74 | ||
| 75 | - | ( | |
| 75 | + | (4) press associations; 14 | |
| 76 | 76 | ||
| 77 | - | ( | |
| 77 | + | (5) news agencies; 15 | |
| 78 | 78 | ||
| 79 | - | ( | |
| 79 | + | (6) wire services; 16 | |
| 80 | 80 | ||
| 81 | - | ( | |
| 81 | + | (7) radio; 17 | |
| 82 | 82 | ||
| 83 | - | ( | |
| 83 | + | (8) television; and 18 | |
| 84 | 84 | ||
| 85 | - | (6) wire services; 19 | |
| 85 | + | (9) any printed, photographic, mechanical, or electronic means of 19 | |
| 86 | + | disseminating news and information to the public. 20 | |
| 86 | 87 | ||
| 87 | - | (7) radio; 20 | |
| 88 | + | [(f)] (G) “Official custodian” means an officer or employee of the State or of a 21 | |
| 89 | + | political subdivision who is responsible for keeping a public record, whether or not the 22 | |
| 90 | + | officer or employee has physical custody and control of the public record. 23 | |
| 88 | 91 | ||
| 89 | - | ( | |
| 92 | + | [(g)] (H) “Person in interest” means: 24 | |
| 90 | 93 | ||
| 91 | - | (9) any printed, photographic, mechanical, or electronic means of 22 | |
| 92 | - | disseminating news and information to the public. 23 | |
| 93 | - | ||
| 94 | - | [(f)] (G) “Official custodian” means an officer or employee of the State or of a 24 | |
| 95 | - | political subdivision who is responsible for keeping a public record, whether or not the 25 | |
| 96 | - | officer or employee has physical custody and control of the public record. 26 | |
| 94 | + | (1) a person or governmental unit that is the subject of a public record or a 25 | |
| 95 | + | designee of the person or governmental unit; 26 | |
| 97 | 96 | SENATE BILL 40 3 | |
| 98 | 97 | ||
| 99 | 98 | ||
| 100 | - | [(g)] (H) “Person in interest” means: 1 | |
| 99 | + | (2) if the person has a legal disability, the parent or legal representative of 1 | |
| 100 | + | the person; or 2 | |
| 101 | 101 | ||
| 102 | - | (1) a person or governmental unit that is the subject of a public record or a 2 | |
| 103 | - | designee of the person or governmental unit; 3 | |
| 102 | + | (3) as to requests for correction of certificates of death under § 5–310(d)(2) 3 | |
| 103 | + | of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 4 | |
| 104 | + | or guardian of the person of the deceased at the time of the deceased’s death. 5 | |
| 104 | 105 | ||
| 105 | - | ( | |
| 106 | - | ||
| 106 | + | [(h)] (I) (1) “Personal information” means information that identifies an 6 | |
| 107 | + | individual. 7 | |
| 107 | 108 | ||
| 108 | - | (3) as to requests for correction of certificates of death under § 5–310(d)(2) 6 | |
| 109 | - | of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 7 | |
| 110 | - | or guardian of the person of the deceased at the time of the deceased’s death. 8 | |
| 109 | + | (2) Except as provided in § 4–355 of this title, “personal information” 8 | |
| 110 | + | includes an individual’s: 9 | |
| 111 | 111 | ||
| 112 | - | [(h)] (I) (1) “Personal information” means information that identifies an 9 | |
| 113 | - | individual. 10 | |
| 112 | + | (i) name; 10 | |
| 114 | 113 | ||
| 115 | - | (2) Except as provided in § 4–355 of this title, “personal information” 11 | |
| 116 | - | includes an individual’s: 12 | |
| 114 | + | (ii) address; 11 | |
| 117 | 115 | ||
| 118 | - | ( | |
| 116 | + | (iii) driver’s license number or any other identification number; 12 | |
| 119 | 117 | ||
| 120 | - | ( | |
| 118 | + | (iv) medical or disability information; 13 | |
| 121 | 119 | ||
| 122 | - | ( | |
| 120 | + | (v) photograph or computer–generated image; 14 | |
| 123 | 121 | ||
| 124 | - | ( | |
| 122 | + | (vi) Social Security number; and 15 | |
| 125 | 123 | ||
| 126 | - | ( | |
| 124 | + | (vii) telephone number. 16 | |
| 127 | 125 | ||
| 128 | - | ( | |
| 126 | + | (3) “Personal information” does not include an individual’s: 17 | |
| 129 | 127 | ||
| 130 | - | ( | |
| 128 | + | (i) driver’s status; 18 | |
| 131 | 129 | ||
| 132 | - | ( | |
| 130 | + | (ii) driving offenses; 19 | |
| 133 | 131 | ||
| 134 | - | ( | |
| 132 | + | (iii) five–digit zip code; or 20 | |
| 135 | 133 | ||
| 136 | - | ( | |
| 134 | + | (iv) information on vehicular accidents. 21 | |
| 137 | 135 | ||
| 138 | - | (iii) five–digit zip code; or 23 | |
| 136 | + | [(i)] (J) “Police officer” has the meaning stated in § 3–201 of the Public Safety 22 | |
| 137 | + | Article. 23 | |
| 139 | 138 | ||
| 140 | - | ( | |
| 139 | + | [(j)] (K) “Political subdivision” means: 24 | |
| 141 | 140 | ||
| 142 | - | [(i)] (J) “Police officer” has the meaning stated in § 3–201 of the Public Safety 25 | |
| 143 | - | Article. 26 | |
| 141 | + | (1) a county; 25 | |
| 144 | 142 | ||
| 145 | - | [(j)] (K) “Political subdivision” means: 27 | |
| 146 | - | 4 SENATE BILL 40 | |
| 143 | + | (2) a municipal corporation; 26 | |
| 147 | 144 | ||
| 148 | - | ||
| 149 | - | (1) a county; 1 | |
| 150 | - | ||
| 151 | - | (2) a municipal corporation; 2 | |
| 152 | - | ||
| 153 | - | (3) an unincorporated town; 3 | |
| 154 | - | ||
| 155 | - | (4) a school district; or 4 | |
| 156 | - | ||
| 157 | - | (5) a special district. 5 | |
| 158 | - | ||
| 159 | - | [(k)] (L) (1) “Public record” means the original or any copy of any 6 | |
| 160 | - | documentary material that: 7 | |
| 161 | - | ||
| 162 | - | (i) is made by a unit or an instrumentality of the State or of a 8 | |
| 163 | - | political subdivision or received by the unit or instrumentality in connection with the 9 | |
| 164 | - | transaction of public business; and 10 | |
| 165 | - | ||
| 166 | - | (ii) is in any form, including: 11 | |
| 167 | - | ||
| 168 | - | 1. a card; 12 | |
| 169 | - | ||
| 170 | - | 2. a computerized record; 13 | |
| 171 | - | ||
| 172 | - | 3. correspondence; 14 | |
| 173 | - | ||
| 174 | - | 4. a drawing; 15 | |
| 175 | - | ||
| 176 | - | 5. film or microfilm; 16 | |
| 177 | - | ||
| 178 | - | 6. a form; 17 | |
| 179 | - | ||
| 180 | - | 7. a map; 18 | |
| 181 | - | ||
| 182 | - | 8. a photograph or photostat; 19 | |
| 183 | - | ||
| 184 | - | 9. a recording; or 20 | |
| 185 | - | ||
| 186 | - | 10. a tape. 21 | |
| 187 | - | ||
| 188 | - | (2) “Public record” includes a document that lists the salary of an employee 22 | |
| 189 | - | of a unit or an instrumentality of the State or of a political subdivision. 23 | |
| 190 | - | ||
| 191 | - | (3) “Public record” does not include: 24 | |
| 192 | - | ||
| 193 | - | (i) a digital photographic image or signature of an individual, or the 25 | |
| 194 | - | actual stored data of the image or signature, recorded by the Motor Vehicle Administration; 26 | |
| 195 | - | or 27 SENATE BILL 40 5 | |
| 145 | + | (3) an unincorporated town; 27 4 SENATE BILL 40 | |
| 196 | 146 | ||
| 197 | 147 | ||
| 198 | 148 | ||
| 199 | - | (ii) a record or any information submitted to the Public Access 1 | |
| 200 | - | Ombudsman or the Board under Subtitle 1B of this title. 2 | |
| 149 | + | (4) a school district; or 1 | |
| 201 | 150 | ||
| 202 | - | [(l)] (M) “Technical infraction” means a minor rule violation by an individual 3 | |
| 203 | - | solely related to the enforcement of administrative rules that: 4 | |
| 151 | + | (5) a special district. 2 | |
| 204 | 152 | ||
| 205 | - | (1) | |
| 206 | - | ||
| 153 | + | [(k)] (L) (1) “Public record” means the original or any copy of any 3 | |
| 154 | + | documentary material that: 4 | |
| 207 | 155 | ||
| 208 | - | (2) does not relate to the individual’s investigative, enforcement, training, 7 | |
| 209 | - | supervision, or reporting responsibilities; and 8 | |
| 156 | + | (i) is made by a unit or an instrumentality of the State or of a 5 | |
| 157 | + | political subdivision or received by the unit or instrumentality in connection with the 6 | |
| 158 | + | transaction of public business; and 7 | |
| 210 | 159 | ||
| 211 | - | ( | |
| 160 | + | (ii) is in any form, including: 8 | |
| 212 | 161 | ||
| 213 | - | ||
| 162 | + | 1. a card; 9 | |
| 214 | 163 | ||
| 215 | - | (A) (1) THIS SECTION DOES NOT APPLY TO A PUBLIC RE CORD THAT HAS 11 | |
| 216 | - | BEEN ENTERED INTO EV IDENCE IN A COURT PR OCEEDING. 12 | |
| 164 | + | 2. a computerized record; 10 | |
| 217 | 165 | ||
| 218 | - | (2) THIS SECTION MAY NOT BE CONSTRUED TO AFFE CT THE 13 | |
| 219 | - | DISCOVERY OR EVIDENT IARY RIGHTS OF A PARTY TO A CIVIL S UIT OR CRIMINAL 14 | |
| 220 | - | PROSECUTION . 15 | |
| 166 | + | 3. correspondence; 11 | |
| 221 | 167 | ||
| 222 | - | (B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , A 16 | |
| 223 | - | CUSTODIAN SHALL DENY INSPECTION OF THAT P ART OF A RECORDING F ROM A 17 | |
| 224 | - | BODY–WORN DIGITAL RECORDI NG DEVICE REGARDING AN INCIDENT THAT : 18 | |
| 168 | + | 4. a drawing; 12 | |
| 225 | 169 | ||
| 226 | - | (I) DEPICTS A VICTIM OR INF ORMATION THAT COULD IDENTIFY 19 | |
| 227 | - | A VICTIM OF DOMESTIC VIOLENCE , AS DEFINED IN § 4–701 OF THE FAMILY LAW 20 | |
| 228 | - | ARTICLE; 21 | |
| 170 | + | 5. film or microfilm; 13 | |
| 229 | 171 | ||
| 230 | - | (II) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 22 | |
| 231 | - | A VICTIM OF A VIOLATION OF TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE; 23 | |
| 172 | + | 6. a form; 14 | |
| 232 | 173 | ||
| 233 | - | (III) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 24 | |
| 234 | - | A VICTIM OF, EXCEPT FOR A VIOLATI ON OF § 3–607 OF THE CRIMINAL LAW ARTICLE 25 | |
| 235 | - | WHERE THE VICTIM IS AN ADULT, A VIOLATION OF TITLE 3, SUBTITLE 6 OF THE 26 | |
| 236 | - | CRIMINAL LAW ARTICLE; OR 27 | |
| 174 | + | 7. a map; 15 | |
| 237 | 175 | ||
| 238 | - | | |
| 176 | + | 8. a photograph or photostat; 16 | |
| 239 | 177 | ||
| 240 | - | 1. THE ARREST , ATTEMPTED ARREST , TEMPORARY 29 | |
| 241 | - | DETENTION, ATTEMPTED TEMPORARY DETENTION, SEARCH, ATTEMPTED SEARCH , 30 | |
| 242 | - | CITATION, DEATH, OR INJURY OF AN INDI VIDUAL; 31 6 SENATE BILL 40 | |
| 178 | + | 9. a recording; or 17 | |
| 179 | + | ||
| 180 | + | 10. a tape. 18 | |
| 181 | + | ||
| 182 | + | (2) “Public record” includes a document that lists the salary of an employee 19 | |
| 183 | + | of a unit or an instrumentality of the State or of a political subdivision. 20 | |
| 184 | + | ||
| 185 | + | (3) “Public record” does not include: 21 | |
| 186 | + | ||
| 187 | + | (i) a digital photographic image or signature of an individual, or the 22 | |
| 188 | + | actual stored data of the image or signature, recorded by the Motor Vehicle Administration; 23 | |
| 189 | + | or 24 | |
| 190 | + | ||
| 191 | + | (ii) a record or any information submitted to the Public Access 25 | |
| 192 | + | Ombudsman or the Board under Subtitle 1B of this title. 26 | |
| 193 | + | SENATE BILL 40 5 | |
| 243 | 194 | ||
| 244 | 195 | ||
| 196 | + | [(l)] (M) “Technical infraction” means a minor rule violation by an individual 1 | |
| 197 | + | solely related to the enforcement of administrative rules that: 2 | |
| 245 | 198 | ||
| 246 | - | 2. THE USE OF FORCE AGA INST AN INDIVIDUAL ; OR 1 | |
| 199 | + | (1) does not involve an interaction between a member of the public and the 3 | |
| 200 | + | individual; 4 | |
| 247 | 201 | ||
| 248 | - | 3. A COMPLAINT OR AN A LLEGATION OF OFFICER 2 | |
| 249 | - | MISCONDUCT MADE AGAI NST ANY LAW ENFORCEM ENT OFFICER INVOLVED IN THE 3 | |
| 250 | - | INCIDENT; OR 4 | |
| 202 | + | (2) does not relate to the individual’s investigative, enforcement, training, 5 | |
| 203 | + | supervision, or reporting responsibilities; and 6 | |
| 251 | 204 | ||
| 252 | - | (V) DEPICTS THE DEATH OF A LAW ENFORCEMENT OF FICER 5 | |
| 253 | - | THAT OCCURRED IN THE PERFORMANCE OF THE O FFICER’S DUTIES. 6 | |
| 205 | + | (3) is not otherwise a matter of public concern. 7 | |
| 254 | 206 | ||
| 255 | - | (2) A CUSTODIAN SHALL DENY INSPECTION OF RECORDS AS 7 | |
| 256 | - | REQUIRED BY THIS SUB SECTION REGARDLESS O F A SUBSEQUENT ACTIO N TAKEN BY 8 | |
| 257 | - | LAW ENFORCEMENT OR A COURT RESULTING FROM THE INCIDENT RECORDE D. 9 | |
| 207 | + | 4–357. 8 | |
| 258 | 208 | ||
| 259 | - | ||
| 260 | - | ||
| 209 | + | (A) (1) THIS SECTION DOES NOT APPLY TO A PUBLIC RE CORD THAT HAS 9 | |
| 210 | + | BEEN ENTERED INTO EV IDENCE IN A COURT PR OCEEDING. 10 | |
| 261 | 211 | ||
| 262 | - | (II) THE MARYLAND POLICE TRAINING AND STANDARDS 12 | |
| 263 | - | COMMISSION, IN CONSULTATION WITH THE MARYLAND ASSOCIATION OF 13 | |
| 264 | - | COUNTIES, THE MARYLAND MUNICIPAL LEAGUE, LAW ENFORCEMENT AGEN CIES, 14 | |
| 265 | - | THE NEWS MEDIA , VICTIMS’ RIGHTS ADVOCATES , AND OTHER STAKEHOLDE RS, 15 | |
| 266 | - | SHALL DEVELOP UNIFORM STAND ARDS AND PROCEDURES TO CARRY OUT THE 16 | |
| 267 | - | PROVISIONS OF THIS P ARAGRAPH. 17 | |
| 212 | + | (2) THIS SECTION MAY NOT BE CONSTRUED TO AFFE CT THE 11 | |
| 213 | + | DISCOVERY OR EVIDENT IARY RIGHTS OF A PAR TY TO A CIVIL SUIT O R CRIMINAL 12 | |
| 214 | + | PROSECUTION . 13 | |
| 268 | 215 | ||
| 269 | - | ( | |
| 270 | - | SHALL | |
| 271 | - | ||
| 216 | + | (B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A 14 | |
| 217 | + | CUSTODIAN SHALL DENY INSPECTION OF THAT P ART OF A RECORDING F ROM A 15 | |
| 218 | + | BODY–WORN DIGITAL RECORDI NG DEVICE REGARDING AN INCIDENT THAT : 16 | |
| 272 | 219 | ||
| 273 | - | (I) AN INDIVIDUAL WHO IS A SUBJEC T IN THE RECORDING A ND 21 | |
| 274 | - | IS DIRECTLY INVOLVED IN THE INCIDENT THAT PROMPTED THE RECORDI NG; 22 | |
| 220 | + | (I) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 17 | |
| 221 | + | A VICTIM OF DOMESTIC VIOLENCE , AS DEFINED IN § 4–701 OF THE FAMILY LAW 18 | |
| 222 | + | ARTICLE; 19 | |
| 275 | 223 | ||
| 276 | - | (II) | |
| 277 | - | ||
| 224 | + | (II) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 20 | |
| 225 | + | A VICTIM OF A VIOLATION OF TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE; 21 | |
| 278 | 226 | ||
| 279 | - | (III) | |
| 280 | - | ||
| 281 | - | ||
| 282 | - | ||
| 227 | + | (III) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 22 | |
| 228 | + | A VICTIM OF, EXCEPT FOR A VIOLATI ON OF § 3–607 OF THE CRIMINAL LAW ARTICLE 23 | |
| 229 | + | WHERE THE VICTIM IS AN ADULT, A VIOLATION OF TITLE 3, SUBTITLE 6 OF THE 24 | |
| 230 | + | CRIMINAL LAW ARTICLE; OR 25 | |
| 283 | 231 | ||
| 284 | - | (IV) IF AN INDIVIDUAL DESCRIBED IN ITEM (I) OF THIS 29 | |
| 285 | - | PARAGRAPH IS AN INCA PACITATED PERSON , AS DEFINED IN § 13.5–101 OF THE 30 | |
| 286 | - | ESTATES AND TRUSTS ARTICLE, THE INDIVIDUAL ’S GUARDIAN OR AGENT . 31 | |
| 232 | + | (IV) DOES NOT RESULT IN : 26 | |
| 233 | + | ||
| 234 | + | 1. THE ARREST , ATTEMPTED ARREST , TEMPORARY 27 | |
| 235 | + | DETENTION, ATTEMPTED TEMPORARY DETENTION, SEARCH, ATTEMPTED SEARCH , 28 | |
| 236 | + | CITATION, DEATH, OR INJURY OF AN INDI VIDUAL; 29 | |
| 237 | + | ||
| 238 | + | 2. THE USE OF FORCE AGA INST AN INDIVIDUAL ; OR 30 | |
| 239 | + | 6 SENATE BILL 40 | |
| 240 | + | ||
| 241 | + | ||
| 242 | + | 3. A COMPLAINT OR AN AL LEGATION OF OFFICER 1 | |
| 243 | + | MISCONDUCT MADE AGAI NST ANY LAW ENFORCEM ENT OFFICER INVOLVED IN THE 2 | |
| 244 | + | INCIDENT. 3 | |
| 245 | + | ||
| 246 | + | (2) A CUSTODIAN SHALL DENY INSPECTION OF RECORD S AS 4 | |
| 247 | + | REQUIRED BY THIS SUB SECTION REGARDLESS O F A SUBSEQUENT ACTIO N TAKEN BY 5 | |
| 248 | + | LAW ENFORCEMENT OR A COURT RESULTING FROM THE INCIDENT RECORDE D. 6 | |
| 249 | + | ||
| 250 | + | (3) (I) A VICTIM WHO IS THE SU BJECT OF A RECORD SH ALL BE 7 | |
| 251 | + | NOTIFIED OF ALL REQUESTS TO INSP ECT THE RECORD . 8 | |
| 252 | + | ||
| 253 | + | (II) THE MARYLAND POLICE TRAINING AND STANDARDS 9 | |
| 254 | + | COMMISSION, IN CONSULTATION WITH THE MARYLAND ASSOCIATION OF 10 | |
| 255 | + | COUNTIES, THE MARYLAND MUNICIPAL LEAGUE, LAW ENFORCEMENT AGEN CIES, 11 | |
| 256 | + | THE NEWS MEDIA , VICTIMS’ RIGHTS ADVOCATE S, AND OTHER STAKEHOLDE RS, 12 | |
| 257 | + | SHALL DEVELOP UNIFORM STAN DARDS AND PROCEDURES TO CARRY OUT THE 13 | |
| 258 | + | PROVISIONS OF THIS P ARAGRAPH. 14 | |
| 259 | + | ||
| 260 | + | (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A CUSTODIAN 15 | |
| 261 | + | SHALL ALLOW INSPECTI ON OF A RECORDING FR OM A BODY –WORN DIGITAL 16 | |
| 262 | + | RECORDING DEVICE BY : 17 | |
| 263 | + | ||
| 264 | + | (I) AN INDIVIDUAL WHO IS A SUBJECT IN THE REC ORDING AND 18 | |
| 265 | + | IS DIRECTLY INVOLVED IN THE INCIDENT THAT PROMPTED THE RECORDI NG; 19 | |
| 266 | + | ||
| 267 | + | (II) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 20 | |
| 268 | + | PARAGRAPH IS A MINOR , THE INDIVIDUAL ’S PARENT OR LEGAL GUARDIAN; 21 | |
| 269 | + | ||
| 270 | + | (III) IF THE INDIVIDUAL DE SCRIBED IN ITEM (I) OF THIS 22 | |
| 271 | + | PARAGRAPH IS DECEASE D OR UNABLE TO REQUE ST THE RECORDING DUE TO 23 | |
| 272 | + | INJURY, THE INDIVIDUAL ’S PARENT, LEGAL GUARDIAN , SPOUSE, ADULT CHILD, OR 24 | |
| 273 | + | NEXT OF KIN, OR A REPRESENTATIVE OF THE INDIVIDUAL ’S ESTATE; OR 25 | |
| 274 | + | ||
| 275 | + | (IV) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 26 | |
| 276 | + | PARAGRAPH IS AN INCA PACITATED PERSON , AS DEFINED IN § 13.5–101 OF THE 27 | |
| 277 | + | ESTATES AND TRUSTS ARTICLE, THE INDIVIDUAL ’S GUARDIAN OR AGENT . 28 | |
| 278 | + | ||
| 279 | + | (2) A CUSTODIAN MAY NOT AL LOW INSPECTION OR COPYING OF A 29 | |
| 280 | + | RECORDING FROM A BOD Y–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL 30 | |
| 281 | + | WHO IS UNDER INVESTI GATION FOR OR IS CHARGED WITH A VI OLATION DESCRIBED 31 | |
| 282 | + | IN SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT 32 | |
| 283 | + | LEADING TO THE INVES TIGATION OR CHARGE . 33 | |
| 287 | 284 | SENATE BILL 40 7 | |
| 288 | 285 | ||
| 289 | 286 | ||
| 290 | - | (2) A CUSTODIAN MAY NOT AL LOW INSPECTION OR COPYING OF A 1 | |
| 291 | - | RECORDING FROM A BOD Y–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL 2 | |
| 292 | - | WHO IS UNDER INVESTI GATION FOR OR IS CHARGED WITH A VI OLATION DESCRIBED 3 | |
| 293 | - | IN SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT 4 | |
| 294 | - | LEADING TO THE INVES TIGATION OR CHARGE . 5 | |
| 287 | + | (3) A CUSTODIAN MAY NOT AL LOW COPYING OF A REC ORDING FROM 1 | |
| 288 | + | A BODY–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL WHO HAS RECEIVED 2 | |
| 289 | + | PROBATION BEFORE JUD GMENT FOR , IS SUBJECT TO A PEAC E OR PROTECTIVE 3 | |
| 290 | + | ORDER AS A RESULT OF , HAS PLEADED NOLO CON TENDERE TO , HAS PLEADED 4 | |
| 291 | + | GUILTY TO, OR HAS BEEN FOUND GU ILTY OF A VIOLATION DESCRIBED IN 5 | |
| 292 | + | SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT LEADING 6 | |
| 293 | + | TO THE PROBATION BEF ORE JUDGMENT , ORDER, PLEA, OR VERDICT. 7 | |
| 295 | 294 | ||
| 296 | - | (3) A CUSTODIAN MAY NOT ALLOW COPYING OF A R ECORDING FROM 6 | |
| 297 | - | A BODY–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL WHO HAS RECEIVED 7 | |
| 298 | - | PROBATION BEFORE JUD GMENT FOR , IS SUBJECT TO A PEAC E OR PROTECTIVE 8 | |
| 299 | - | ORDER AS A RESULT OF , HAS PLEADED NOLO CON TENDERE TO , HAS PLEADED 9 | |
| 300 | - | GUILTY TO, OR HAS BEEN FOUND GUILTY OF A VIOLATION DESCRIBE D IN 10 | |
| 301 | - | SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT LEADING 11 | |
| 302 | - | TO THE PROBATION BEF ORE JUDGMENT , ORDER, PLEA, OR VERDICT. 12 | |
| 303 | - | ||
| 304 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 | |
| 305 | - | October 1, 2023. 14 | |
| 295 | + | SECTION 2. AND BE IT FURTHER ENACTED, That t his Act shall take effect 8 | |
| 296 | + | October 1, 2023. 9 | |
| 306 | 297 | ||
| 307 | 298 | ||
| 308 | - | ||
| 309 | - | ||
| 310 | - | ||
| 311 | - | ||
| 312 | - | Approved: | |
| 313 | - | ________________________________________________________________________________ | |
| 314 | - | Governor. | |
| 315 | - | ________________________________________________________________________________ | |
| 316 | - | President of the Senate. | |
| 317 | - | ________________________________________________________________________________ | |
| 318 | - | Speaker of the House of Delegates. |