| 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 | *hb1277* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1277 | |
| 11 | 8 | E4 4lr2357 | |
| 12 | 9 | CF SB 729 | |
| 13 | 10 | By: Delegates Embry and Amprey | |
| 14 | 11 | Introduced and read first time: February 8, 2024 | |
| 15 | 12 | Assigned to: Economic Matters | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 22, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Security Guards – Use of Force Reporting – Health Care–Related Physical 2 | |
| 25 | 19 | Interventions 3 | |
| 26 | - | Business Occupations and Professions – Security Guards – Use of Force 4 | |
| 27 | - | Reporting, Standards, and Certifications 5 | |
| 28 | 20 | ||
| 29 | - | FOR the purpose of providing that a health care–related physical intervention does not 6 | |
| 30 | - | constitute use of force for purposes relating to a certain report required to be made 7 | |
| 31 | - | to the Secretary of State Police; prohibiting a certain report from including certain 8 | |
| 32 | - | information; requiring the employer of a security guard providing security guard 9 | |
| 33 | - | services on the premises of a health care facility to report certain information to the 10 | |
| 34 | - | Secretary of State Police; altering the effective date of certain provisions of law 11 | |
| 35 | - | relating to security guards; and generally relating to use of force reporting by 12 | |
| 36 | - | security guards. 13 | |
| 21 | + | FOR the purpose of providing that a health care–related physical intervention does not 4 | |
| 22 | + | constitute use of force for purposes relating to a certain report required to be made 5 | |
| 23 | + | to the Secretary of State Police; prohibiting a certain report from including certain 6 | |
| 24 | + | information; and generally relating to use of force reporting by security guards. 7 | |
| 37 | 25 | ||
| 38 | - | BY repealing and reenacting, with amendments, | |
| 39 | - | Article – Business Occupations and Professions | |
| 40 | - | Section 19–414 | |
| 41 | - | Annotated Code of Maryland | |
| 42 | - | (2018 Replacement Volume and 2023 Supplement) | |
| 43 | - | (As enacted by Chapter 763 of the Acts of the General Assembly of 2023) | |
| 26 | + | BY repealing and reenacting, with amendments, 8 | |
| 27 | + | Article – Business Occupations and Professions 9 | |
| 28 | + | Section 19–414 10 | |
| 29 | + | Annotated Code of Maryland 11 | |
| 30 | + | (2018 Replacement Volume and 2023 Supplement) 12 | |
| 31 | + | (As enacted by Chapter 763 of the Acts of the General Assembly of 2023) 13 | |
| 44 | 32 | ||
| 45 | - | BY repealing and reenacting, with amendments, 20 | |
| 46 | - | Chapter 763 of the Acts of the General Assembly of 2023 21 | |
| 47 | - | Section 2 22 | |
| 48 | - | 2 HOUSE BILL 1277 | |
| 33 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 34 | + | That the Laws of Maryland read as follows: 15 | |
| 35 | + | ||
| 36 | + | Article – Business Occupations and Professions 16 | |
| 37 | + | ||
| 38 | + | 19–414. 17 | |
| 39 | + | ||
| 40 | + | (a) (1) In this section[, “use] THE FOLLOWING WORDS HAVE THE 18 | |
| 41 | + | MEANINGS INDICATED . 19 | |
| 42 | + | ||
| 43 | + | (2) “HEALTH CARE–RELATED PHYSICAL INT ERVENTION” MEANS AN 20 | |
| 44 | + | ACT THAT IS: 21 | |
| 45 | + | ||
| 46 | + | (I) PERFORMED ON THE PREMISES OF A HEALTH CARE 22 | |
| 47 | + | FACILITY, AS DEFINED IN § 15–10B–01 OF THE INSURANCE ARTICLE, AT THE 23 2 HOUSE BILL 1277 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | ||
| 52 | - | ||
| 50 | + | DIRECTION OF A DOCTOR OR NURSE WHILE ACTING IN THE COURSE OF THE 1 | |
| 51 | + | DOCTOR’S OR NURSE’S EMPLOYMENT ; AND 2 | |
| 53 | 52 | ||
| 54 | - | Article – Business Occupations and Professions 3 | |
| 53 | + | (II) 1. A PHYSICAL ACTION OR THE USE OF A DEVICE THAT 3 | |
| 54 | + | CANNOT BE EASILY REM OVED TO PREVENT, SUPPRESS, OR CONTROL HEAD, BODY, 4 | |
| 55 | + | OR LIMB MOVEMENT ; OR 5 | |
| 55 | 56 | ||
| 56 | - | 19–414. 4 | |
| 57 | + | 2. THE ADMINISTRATION O F DRUGS WITH THE INT ENT 6 | |
| 58 | + | OF SIGNIFICANTLY CUR TAILING THE NORMAL M OBILITY OR NORMAL PH YSICAL 7 | |
| 59 | + | ACTIVITY OF AN INDIV IDUAL IN ORDER TO PR OTECT THE INDIVIDUAL FROM 8 | |
| 60 | + | INJURING THE INDIVID UAL OR ANOTHER. 9 | |
| 57 | 61 | ||
| 58 | - | (a) (1) In this section[, “use] THE FOLLOWING WORDS HAVE THE 5 | |
| 59 | - | MEANINGS INDICATED . 6 | |
| 62 | + | (3) (I) “USE of force” means: 10 | |
| 60 | 63 | ||
| 61 | - | (2) “HEALTH CARE–RELATED PHYSICAL INT ERVENTION” MEANS AN 7 | |
| 62 | - | ACT THAT IS: 8 | |
| 64 | + | [(i)] 1. any physical striking of an individual; 11 | |
| 63 | 65 | ||
| 64 | - | (I) PERFORMED ON THE PRE MISES OF A HEALTH CA RE 9 | |
| 65 | - | FACILITY, AS DEFINED IN § 15–10B–01 OF THE INSURANCE ARTICLE, AT THE 10 | |
| 66 | - | DIRECTION OF A DOC TOR OR NURSE WHILE A CTING IN THE COURSE OF THE 11 | |
| 67 | - | DOCTOR’S OR NURSE’S EMPLOYMENT ; AND 12 | |
| 66 | + | [(ii)] 2. any significant physical contact that restricts the 12 | |
| 67 | + | movement of an individual, including control techniques; or 13 | |
| 68 | 68 | ||
| 69 | - | (II) 1. A PHYSICAL ACTION OR THE USE OF A DEVICE THAT 13 | |
| 70 | - | CANNOT BE EASILY REM OVED TO PREVENT , SUPPRESS, OR CONTROL HEAD , BODY, 14 | |
| 71 | - | OR LIMB MOVEMENT ; OR 15 | |
| 69 | + | [(iii)] 3. the detainment of an individual without the individual’s 14 | |
| 70 | + | consent. 15 | |
| 72 | 71 | ||
| 73 | - | 2. THE ADMINISTRATI ON OF DRUGS WITH THE INTENT 16 | |
| 74 | - | OF SIGNIFICANTLY CUR TAILING THE NORMAL M OBILITY OR NORMAL PH YSICAL 17 | |
| 75 | - | ACTIVITY OF AN INDIV IDUAL IN ORDER TO PR OTECT THE INDIVIDUAL FROM 18 | |
| 76 | - | INJURING THE INDIVID UAL OR ANOTHER . 19 | |
| 72 | + | [(2)] (II) “Use of force” includes: 16 | |
| 77 | 73 | ||
| 78 | - | | |
| 74 | + | [(i)] 1. the discharge of a firearm; 17 | |
| 79 | 75 | ||
| 80 | - | [(i)] 1. any physical striking of an individual; 21 | |
| 76 | + | [(ii)] 2. the discharge of pepper mace, as defined in § 4–101 of the 18 | |
| 77 | + | Criminal Law Article; and 19 | |
| 81 | 78 | ||
| 82 | - | [( | |
| 83 | - | ||
| 79 | + | [(iii)] 3. the use of an electronic control device, as defined in § 20 | |
| 80 | + | 4–109 of the Criminal Law Article. 21 | |
| 84 | 81 | ||
| 85 | - | [(iii)] 3. the detainment of an individual without the individual’s 24 | |
| 86 | - | consent. 25 | |
| 82 | + | [(3)] (III) “Use of force” does not include mere presence, verbal commands, 22 | |
| 83 | + | [or] escorting an individual with minimal resistance, OR A HEALTH CARE–RELATED 23 | |
| 84 | + | PHYSICAL INTERVENTIO N THAT WAS REPORTED AS AN ADVERSE EVENT TO THE 24 | |
| 85 | + | MARYLAND DEPARTMENT OF HEALTH. 25 | |
| 87 | 86 | ||
| 88 | - | [(2)] (II) “Use of force” includes: 26 | |
| 89 | - | ||
| 90 | - | [(i)] 1. the discharge of a firearm; 27 | |
| 91 | - | ||
| 92 | - | [(ii)] 2. the discharge of pepper mace, as defined in § 4–101 of the 28 | |
| 93 | - | Criminal Law Article; and 29 | |
| 87 | + | (b) (1) Subject to paragraph (2) of this subsection, a security guard shall report 26 | |
| 88 | + | any use of force against a person while providing security guard services on behalf of the 27 | |
| 89 | + | licensed security guard agency or for the security guard employer to the security guard 28 | |
| 90 | + | agency or the security guard employer within 48 hours after the use of force on a form 29 | |
| 91 | + | provided by the Secretary. 30 | |
| 94 | 92 | HOUSE BILL 1277 3 | |
| 95 | 93 | ||
| 96 | 94 | ||
| 97 | - | [(iii)] 3. the use of an electronic control device, as defined in § 1 | |
| 98 | - | 4–109 of the Criminal Law Article. 2 | |
| 95 | + | (2) A security guard is not required to report any use of force against a 1 | |
| 96 | + | person within 48 hours after the use of force if the security guard is seriously injured or 2 | |
| 97 | + | disabled. 3 | |
| 99 | 98 | ||
| 100 | - | [(3)] (III) “Use of force” does not include mere presence, verbal commands, 3 | |
| 101 | - | [or] escorting an individual with minimal resistance, OR A HEALTH CARE –RELATED 4 | |
| 102 | - | PHYSICAL INTERVENTIO N THAT WAS REPORTED AS AN ADVERSE EVENT TO THE 5 | |
| 103 | - | MARYLAND DEPARTMENT OF HEALTH. 6 | |
| 99 | + | (c) (1) A licensed security guard agency or security guard employer shall, in 4 | |
| 100 | + | accordance with [paragraph] PARAGRAPHS (2) AND (3) of this subsection, report any use 5 | |
| 101 | + | of force by a security guard while providing security guard services on its behalf or for it to 6 | |
| 102 | + | the Secretary within 48 hours after receiving the form completed under subsection (b)(1) of 7 | |
| 103 | + | this section. 8 | |
| 104 | 104 | ||
| 105 | - | (b) (1) Subject to paragraph (2) of this subsection, a security guard shall report 7 | |
| 106 | - | any use of force against a person while providing security guard services on behalf of the 8 | |
| 107 | - | licensed security guard agency or for the security guard employer to the security guard 9 | |
| 108 | - | agency or the security guard employer within 48 hours after the use of force on a form 10 | |
| 109 | - | provided by the Secretary. 11 | |
| 105 | + | (2) The use of force report under paragraph (1) of this subsection shall 9 | |
| 106 | + | include: 10 | |
| 110 | 107 | ||
| 111 | - | (2) A security guard is not required to report any use of force against a 12 | |
| 112 | - | person within 48 hours after the use of force if the security guard is seriously injured or 13 | |
| 113 | - | disabled. 14 | |
| 108 | + | (i) the type of encounter; 11 | |
| 114 | 109 | ||
| 115 | - | (c) (1) A EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , A 15 | |
| 116 | - | licensed security guard agency or security guard employer shall, in accordance with 16 | |
| 117 | - | [paragraph] PARAGRAPHS (2) AND (3) of this subsection, report any use of force by a 17 | |
| 118 | - | security guard while providing security guard services on its behalf or for it to the Secretary 18 | |
| 119 | - | within 48 hours after receiving the form completed under subsection (b)(1) of this section. 19 | |
| 110 | + | (ii) the type of force used; 12 | |
| 120 | 111 | ||
| 121 | - | (2) The use of force report under paragraph (1) of this subsection shall 20 | |
| 122 | - | include: 21 | |
| 112 | + | (iii) the location of the incident where force was used; 13 | |
| 123 | 113 | ||
| 124 | - | (i) the type of encounter; 22 | |
| 114 | + | (iv) whether the individual against whom force was used was 14 | |
| 115 | + | arrested and, if known, what charges the individual received; 15 | |
| 125 | 116 | ||
| 126 | - | (ii) the type of force used; 23 | |
| 117 | + | (v) whether the individual against whom force was used requested 16 | |
| 118 | + | or required medical care; 17 | |
| 127 | 119 | ||
| 128 | - | ( | |
| 120 | + | (vi) whether the security guard requested or required medical care; 18 | |
| 129 | 121 | ||
| 130 | - | (iv) whether the individual against whom force was used was 25 | |
| 131 | - | arrested and, if known, what charges the individual received; 26 | |
| 122 | + | (vii) demographic information about any individuals against whom 19 | |
| 123 | + | force was used and any security guard involved in the incident, including race, ethnicity, 20 | |
| 124 | + | gender, and age; and 21 | |
| 132 | 125 | ||
| 133 | - | (v) whether the individual against whom force was used requested 27 | |
| 134 | - | or required medical care; 28 | |
| 126 | + | (viii) the form completed under subsection (b)(1) of this section. 22 | |
| 135 | 127 | ||
| 136 | - | (vi) whether the security guard requested or required medical care; 29 | |
| 128 | + | (3) A USE OF FORCE REPORT UNDER PARAGRAPH (1) OF THIS 23 | |
| 129 | + | SUBSECTION MAY NOT INCLUDE INFO RMATION THAT IS PROH IBITED FROM 24 | |
| 130 | + | DISCLOSURE BY STATE OR FEDERAL LAW . 25 | |
| 137 | 131 | ||
| 138 | - | (vii) demographic information about any individuals against whom 30 | |
| 139 | - | force was used and any security guard involved in the incident, including race, ethnicity, 31 | |
| 140 | - | gender, and age; and 32 | |
| 141 | - | ||
| 142 | - | (viii) the form completed under subsection (b)(1) of this section. 33 4 HOUSE BILL 1277 | |
| 143 | - | ||
| 144 | - | ||
| 145 | - | ||
| 146 | - | (3) A USE OF FORCE REPORT UNDER PARAGRAPH (1) OF THIS 1 | |
| 147 | - | SUBSECTION MAY NOT I NCLUDE INFORMATION T HAT IS PROHIBITED FR OM 2 | |
| 148 | - | DISCLOSURE BY STATE OR FEDERAL LAW . 3 | |
| 149 | - | ||
| 150 | - | (D) THE EMPLOYER OF A SEC URITY GUARD PROVIDIN G SECURITY GUARD 4 | |
| 151 | - | SERVICES ON THE PREM ISES OF A HEALTH CAR E FACILITY, AS DEFINED IN § 19–114 5 | |
| 152 | - | OF THE HEALTH – GENERAL ARTICLE, SHALL REPORT EVERY 7 DAYS TO THE 6 | |
| 153 | - | SECRETARY OF STATE POLICE ON THE NUMBER OF CODE GREENS INITI ATED FOR 7 | |
| 154 | - | COMBATIVE PERSONS AN D CODE PURPLES INITI ATED FOR SECURITY –ONLY 8 | |
| 155 | - | RESPONSES, AS THOSE EMERG ENCY CODES ARE IDENT IFIED IN TITLE 10 OF THE 9 | |
| 156 | - | CODE OF MARYLAND REGULATIONS, OCCURRING IN THE PRE VIOUS 7 DAYS. 10 | |
| 157 | - | ||
| 158 | - | SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 11 | |
| 159 | - | as follows: 12 | |
| 160 | - | ||
| 161 | - | Chapter 763 of the Acts of 2023 13 | |
| 162 | - | ||
| 163 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
| 164 | - | [June 1, 2024] JANUARY 1, 2025. 15 | |
| 165 | - | ||
| 166 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 16 | |
| 167 | - | take effect June 1, 2024 January 1, 2025, the effective date of Chapter 763 of the Acts of 17 | |
| 168 | - | the General Assembly of 2023. If the effective date of Chapter 763 is amended, Section 1 of 18 | |
| 169 | - | this Act shall take effect on the taking effect of Chapter 763. 19 | |
| 170 | - | ||
| 171 | - | SECTION 4. AND BE IT FURTHER ENACTED, That, ex cept as provided in Section 20 | |
| 172 | - | 3 of this Act, this Act shall take effect June 1, 2024. 21 | |
| 173 | - | ||
| 174 | - | ||
| 175 | - | ||
| 176 | - | Approved: | |
| 177 | - | ________________________________________________________________________________ | |
| 178 | - | Governor. | |
| 179 | - | ________________________________________________________________________________ | |
| 180 | - | Speaker of the House of Delegates. | |
| 181 | - | ________________________________________________________________________________ | |
| 182 | - | President of the Senate. | |
| 132 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26 | |
| 133 | + | 1, 2024, the effective date of Chapter 763 of the Acts of the General Assembly of 2023. If 27 | |
| 134 | + | the effective date of Chapter 763 is amended, this Act shall take effect on the taking effect 28 | |
| 135 | + | of Chapter 763. 29 |