EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 3, 2023
CHAPTER ______
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 Standar ds 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 2 SENATE BILL 40
Article – General Provisions 1
4–101. 2
(a) In this title the following words have the meanings indicated. 3
(b) “Applicant” means a person or governmental unit that asks to inspect a public 4
record. 5
(c) “Board” means the State Public Information Act Compliance Board. 6
(D) “BODY–WORN DIGITAL RECORDI NG DEVICE” HAS THE MEANING STAT ED 7
IN § 10–402 OF THE COURTS ARTICLE. 8
[(d)] (E) “Custodian” means: 9
(1) the official custodian; or 10
(2) any other authorized individual who has physical custody and control 11
of a public record. 12
[(e)] (F) “News media” means: 13
(1) newspapers; 14
(2) magazines; 15
(3) journals; 16
(4) press associations; 17
(5) news agencies; 18
(6) wire services; 19
(7) radio; 20
(8) television; and 21
(9) any printed, photographic, mechanical, or electronic means of 22
disseminating news and information to the public. 23
[(f)] (G) “Official custodian” means an officer or employee of the State or of a 24
political subdivision who is responsible for keeping a public record, whether or not the 25
officer or employee has physical custody and control of the public record. 26
SENATE BILL 40 3
[(g)] (H) “Person in interest” means: 1
(1) a person or governmental unit that is the subject of a public record or a 2
designee of the person or governmental unit; 3
(2) if the person has a legal disability, the parent or legal representative of 4
the person; or 5
(3) as to requests for correction of certificates of death under § 5–310(d)(2) 6
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 7
or guardian of the person of the deceased at the time of the deceased’s death. 8
[(h)] (I) (1) “Personal information” means information that identifies an 9
individual. 10
(2) Except as provided in § 4–355 of this title, “personal information” 11
includes an individual’s: 12
(i) name; 13
(ii) address; 14
(iii) driver’s license number or any other identification number; 15
(iv) medical or disability information; 16
(v) photograph or computer–generated image; 17
(vi) Social Security number; and 18
(vii) telephone number. 19
(3) “Personal information” does not include an individual’s: 20
(i) driver’s status; 21
(ii) driving offenses; 22
(iii) five–digit zip code; or 23
(iv) information on vehicular accidents. 24
[(i)] (J) “Police officer” has the meaning stated in § 3–201 of the Public Safety 25
Article. 26
[(j)] (K) “Political subdivision” means: 27
4 SENATE BILL 40
(1) a county; 1
(2) a municipal corporation; 2
(3) an unincorporated town; 3
(4) a school district; or 4
(5) a special district. 5
[(k)] (L) (1) “Public record” means the original or any copy of any 6
documentary material that: 7
(i) is made by a unit or an instrumentality of the State or of a 8
political subdivision or received by the unit or instrumentality in connection with the 9
transaction of public business; and 10
(ii) is in any form, including: 11
1. a card; 12
2. a computerized record; 13
3. correspondence; 14
4. a drawing; 15
5. film or microfilm; 16
6. a form; 17
7. a map; 18
8. a photograph or photostat; 19
9. a recording; or 20
10. a tape. 21
(2) “Public record” includes a document that lists the salary of an employee 22
of a unit or an instrumentality of the State or of a political subdivision. 23
(3) “Public record” does not include: 24
(i) a digital photographic image or signature of an individual, or the 25
actual stored data of the image or signature, recorded by the Motor Vehicle Administration; 26
or 27 SENATE BILL 40 5
(ii) a record or any information submitted to the Public Access 1
Ombudsman or the Board under Subtitle 1B of this title. 2
[(l)] (M) “Technical infraction” means a minor rule violation by an individual 3
solely related to the enforcement of administrative rules that: 4
(1) does not involve an interaction between a member of the public and the 5
individual; 6
(2) does not relate to the individual’s investigative, enforcement, training, 7
supervision, or reporting responsibilities; and 8
(3) is not otherwise a matter of public concern. 9
4–357. 10
(A) (1) THIS SECTION DOES NOT APPLY TO A PUBLIC RE CORD THAT HAS 11
BEEN ENTERED INTO EV IDENCE IN A COURT PR OCEEDING. 12
(2) THIS SECTION MAY NOT BE CONSTRUED TO AFFE CT THE 13
DISCOVERY OR EVIDENT IARY RIGHTS OF A PARTY TO A CIVIL S UIT OR CRIMINAL 14
PROSECUTION . 15
(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , A 16
CUSTODIAN SHALL DENY INSPECTION OF THAT P ART OF A RECORDING F ROM A 17
BODY–WORN DIGITAL RECORDI NG DEVICE REGARDING AN INCIDENT THAT : 18
(I) DEPICTS A VICTIM OR INF ORMATION THAT COULD IDENTIFY 19
A VICTIM OF DOMESTIC VIOLENCE , AS DEFINED IN § 4–701 OF THE FAMILY LAW 20
ARTICLE; 21
(II) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 22
A VICTIM OF A VIOLATION OF TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE; 23
(III) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 24
A VICTIM OF, EXCEPT FOR A VIOLATI ON OF § 3–607 OF THE CRIMINAL LAW ARTICLE 25
WHERE THE VICTIM IS AN ADULT, A VIOLATION OF TITLE 3, SUBTITLE 6 OF THE 26
CRIMINAL LAW ARTICLE; OR 27
(IV) DOES NOT RESULT IN: 28
1. THE ARREST , ATTEMPTED ARREST , TEMPORARY 29
DETENTION, ATTEMPTED TEMPORARY DETENTION, SEARCH, ATTEMPTED SEARCH , 30
CITATION, DEATH, OR INJURY OF AN INDI VIDUAL; 31 6 SENATE BILL 40
2. THE USE OF FORCE AGA INST AN INDIVIDUAL ; OR 1
3. A COMPLAINT OR AN A LLEGATION OF OFFICER 2
MISCONDUCT MADE AGAI NST ANY LAW ENFORCEM ENT OFFICER INVOLVED IN THE 3
INCIDENT; OR 4
(V) DEPICTS THE DEATH OF A LAW ENFORCEMENT OF FICER 5
THAT OCCURRED IN THE PERFORMANCE OF THE O FFICER’S DUTIES. 6
(2) A CUSTODIAN SHALL DENY INSPECTION OF RECORDS AS 7
REQUIRED BY THIS SUB SECTION REGARDLESS O F A SUBSEQUENT ACTIO N TAKEN BY 8
LAW ENFORCEMENT OR A COURT RESULTING FROM THE INCIDENT RECORDE D. 9
(3) (I) A VICTIM WHO IS THE SU BJECT OF A RECORD SH ALL BE 10
NOTIFIED OF ALL REQU ESTS TO INSPECT THE RECORD. 11
(II) THE MARYLAND POLICE TRAINING AND STANDARDS 12
COMMISSION, IN CONSULTATION WITH THE MARYLAND ASSOCIATION OF 13
COUNTIES, THE MARYLAND MUNICIPAL LEAGUE, LAW ENFORCEMENT AGEN CIES, 14
THE NEWS MEDIA , VICTIMS’ RIGHTS ADVOCATES , AND OTHER STAKEHOLDE RS, 15
SHALL DEVELOP UNIFORM STAND ARDS AND PROCEDURES TO CARRY OUT THE 16
PROVISIONS OF THIS P ARAGRAPH. 17
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A CUSTODIAN 18
SHALL ALLOW INSPECTI ON OF A RECORDING FR OM A BODY –WORN DIGITAL 19
RECORDING DEVICE BY : 20
(I) AN INDIVIDUAL WHO IS A SUBJEC T IN THE RECORDING A ND 21
IS DIRECTLY INVOLVED IN THE INCIDENT THAT PROMPTED THE RECORDI NG; 22
(II) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 23
PARAGRAPH IS A MINOR , THE INDIVIDUAL ’S PARENT OR LEGAL GU ARDIAN; 24
(III) IF THE INDIVIDUA L DESCRIBED IN ITEM (I) OF THIS 25
PARAGRAPH IS DECEASE D OR UNABLE TO REQUE ST THE RECORDING DUE TO 26
INJURY, THE INDIVIDUAL ’S PARENT, LEGAL GUARDIAN , SPOUSE, ADULT CHILD, OR 27
NEXT OF KIN, OR A REPRESENTATIVE OF THE INDIVIDUAL ’S ESTATE; OR 28
(IV) IF AN INDIVIDUAL DESCRIBED IN ITEM (I) OF THIS 29
PARAGRAPH IS AN INCA PACITATED PERSON , AS DEFINED IN § 13.5–101 OF THE 30
ESTATES AND TRUSTS ARTICLE, THE INDIVIDUAL ’S GUARDIAN OR AGENT . 31
SENATE BILL 40 7
(2) A CUSTODIAN MAY NOT AL LOW INSPECTION OR COPYING OF A 1
RECORDING FROM A BOD Y–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL 2
WHO IS UNDER INVESTI GATION FOR OR IS CHARGED WITH A VI OLATION DESCRIBED 3
IN SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT 4
LEADING TO THE INVES TIGATION OR CHARGE . 5
(3) A CUSTODIAN MAY NOT ALLOW COPYING OF A R ECORDING FROM 6
A BODY–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL WHO HAS RECEIVED 7
PROBATION BEFORE JUD GMENT FOR , IS SUBJECT TO A PEAC E OR PROTECTIVE 8
ORDER AS A RESULT OF , HAS PLEADED NOLO CON TENDERE TO , HAS PLEADED 9
GUILTY TO, OR HAS BEEN FOUND GUILTY OF A VIOLATION DESCRIBE D IN 10
SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT LEADING 11
TO THE PROBATION BEF ORE JUDGMENT , ORDER, PLEA, OR VERDICT. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2023. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.