Maryland 2024 Regular Session

Maryland Senate Bill SB182

Introduced
1/10/24  
Refer
1/10/24  
Report Pass
3/11/24  
Engrossed
3/14/24  
Refer
3/15/24  
Report Pass
4/3/24  
Enrolled
4/8/24  
Chaptered
5/16/24  

Caption

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Impact

The passage of SB182 is poised to reshape the landscape of criminal procedure with respect to technological advancements in law enforcement. By requiring the development of a comprehensive policy regarding facial recognition technology usage, law enforcement agencies will be held accountable for the information they gather and the methods they employ. Agencies are required to maintain appropriate transparency, including annual reports detailing the use of facial recognition technology, the searches conducted, and their outcomes. This ensures that any deployment of such technology adheres to both state laws and community expectations regarding privacy and data protection.

Summary

Senate Bill 182 introduces significant regulations concerning the use of facial recognition technology by law enforcement agencies in Maryland. The bill sets forth a framework that mandates strict procedures and prohibitions related to the deployment of such technology, aiming to address privacy concerns while ensuring necessary investigative capabilities. This legislation establishes requirements that must be followed when utilizing facial recognition technology, specifically in criminal investigations, and asserts that results derived from such technology can only be used under stringent conditions, primarily to establish probable cause or identify individuals under particular circumstances.

Sentiment

Sentiment surrounding SB182 appears to be mixed, reflecting broader societal concerns regarding civil liberties versus the needs of law enforcement. Supporters of the bill welcome the oversight and accountability it brings, citing that it helps guard against potential abuses of technology that could infringe on individual rights. Detractors may argue that the regulations could limit law enforcement's flexibility and efficacy in criminal investigations, potentially hindering public safety efforts. Nevertheless, the overarching goal is to achieve a balance between utilizing innovative technologies and protecting civil liberties.

Contention

Notable points of contention involve the limitations placed on the types of crimes that facial recognition technology can be used to investigate. SB182 prohibits its use for analyzing individuals engaged in constitutionally protected activities unless there is a reasonable suspicion of criminality. Additional concerns revolve around the requirement for independent verification of results generated by the technology, which could impose additional burdens on law enforcement operations. As the bill moves forward, discussions will likely continue to focus on the implications for public safety and individual privacy rights.

Companion Bills

MD HB338

Crossfiled Criminal Procedure – Facial Recognition Technology – Requirements, Procedures, and Prohibitions

MD SB192

Carry Over Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Previously Filed As

MD HB223

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB192

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB788

Criminal Procedure - Victim Compensation - Alterations

MD SB27

Criminal Procedure - Restorative Justice Program

MD HB861

Criminal Procedure - Victim Compensation - Alterations

MD SB37

Criminal Procedure - Expungement of Records (REDEEM Act of 2023)

MD HB1044

Criminal Procedure - Crime Solvers Reward Fund - Establishment

MD HB1175

Criminal Procedure - Hunting Offenses - Expungement

MD HB1071

Criminal Law and Procedure - Cannabis - Fines for Smoking in Public, Stops, and Searches

MD HB660

Criminal Procedure - Expungement - Convictions

Similar Bills

MD HB338

Criminal Procedure – Facial Recognition Technology – Requirements, Procedures, and Prohibitions

MD SB192

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB223

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB762

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB1046

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB720

Labor and Employment - Prohibition on Use of Facial Recognition Services by Employers - Application

MD HB1463

Biometric Authentication Requirements for Governmental Services - Prohibition

DE SCR87

Directing The Delaware Department Of Transportation, The Division Of Motor Vehicles, The Delaware Department Of Justice, The Delaware State Police, And Other Law Enforcement Agencies In Delaware To Collaborate With Neighborng State And Regional Partners To Address The Growing Issue Of Counterfeit License Plates And Develop A Strategy To Protect Delaware Drivers From Fraudulent Use Of Their Vehicle Registrations.