MD
Maryland Senate Bill SB729

Maryland 2024 Regular Session

Maryland Senate Bill SB729 Compare Versions

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1- WES MOORE, Governor Ch. 942
21
3-– 1 –
4-Chapter 942
5-(Senate Bill 729)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0729*
89
9-Security Guards – Use of Force Reporting – Health Care–Related Physical
10-Interventions
11-Business Occupations and Professions – Security Guards – Use of Force
12-Reporting, Standards, and Certifications
10+SENATE BILL 729
11+E4 4lr2965
12+ CF HB 1277
13+By: Senator Carter
14+Introduced and read first time: January 31, 2024
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 29, 2024
1319
14-FOR the purpose of providing that a health care–related physical intervention does not
15-constitute use of force for purposes relating to a certain report required to be made
16-to the Secretary of State Police; prohibiting a certain report from including certain
17-information; requiring the employer of a security guard providing security guard
18-services on the premises of a health care facility to report certain information to the
19-Secretary of State Police; altering the effective date of certain provisions of law
20-relating to security guards; and generally relating to use of force reporting by
21-security guards.
20+CHAPTER ______
2221
23-BY repealing and reenacting, with amendments,
24- Article – Business Occupations and Professions
25-Section 19–414
26- Annotated Code of Maryland
27- (2018 Replacement Volume and 2023 Supplement)
28- (As enacted by Chapter 763 of the Acts of the General Assembly of 2023)
22+AN ACT concerning 1
2923
30-BY repealing and reenacting, with amendments,
31- Chapter 763 of the Acts of the General Assembly of 2023
32-Section 2
24+Security Guards – Use of Force Reporting – Health Care–Related Physical 2
25+Interventions 3
26+Business Occupations and Professions – Security Guards – Use of Force 4
27+Reporting, Standards, and Certifications 5
3328
34- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
35-That the Laws of Maryland read as follows:
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
3637
37-Article – Business Occupations and Professions
38+BY repealing and reenacting, with amendments, 14
39+ Article – Business Occupations and Professions 15
40+Section 19–414 16
41+ Annotated Code of Maryland 17
42+ (2018 Replacement Volume and 2023 Supplement) 18
43+ (As enacted by Chapter 763 of the Acts of the General Assembly of 2023) 19
3844
39-19–414.
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 SENATE BILL 729
4049
41- (a) (1) In this section[, “use] THE FOLLOWING WORDS HAVE THE
42-MEANINGS INDICATED .
4350
44- (2) “HEALTH CARE–RELATED PHYSICAL INT ERVENTION” MEANS AN
45-ACT THAT IS:
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
4653
47- (I) PERFORMED ON THE PRE MISES OF A HEALTH CA RE
48-FACILITY, AS DEFINED IN § 15–10B–01 OF THE INSURANCE ARTICLE, AT THE Ch. 942 2024 LAWS OF MARYLAND
54+Article – Business Occupations and Professions 3
4955
50-– 2 –
51-DIRECTION OF A DOCTO R OR NURSE WHI LE ACTING IN THE COU RSE OF THE
52-DOCTOR’S OR NURSE’S EMPLOYMENT ; AND
56+19–414. 4
5357
54- (II) 1. A PHYSICAL ACTION OR THE USE OF A DEVICE THAT
55-CANNOT BE EASILY REM OVED TO PREVENT , SUPPRESS, OR CONTROL HEAD , BODY,
56-OR LIMB MOVEMENT ; OR
58+ (a) (1) In this section[, “use] THE FOLLOWING WORDS HAVE THE 5
59+MEANINGS INDICATED . 6
5760
58- 2. THE ADMINISTRATION O F DRUGS WITH THE INTENT
59-OF SIGNIFICANTLY CUR TAILING THE NORMAL M OBILITY OR NORMAL PH YSICAL
60-ACTIVITY OF AN INDIV IDUAL IN ORDER TO PR OTECT THE INDIVIDUAL FROM
61-INJURING THE INDIVID UAL OR ANOTHER .
61+ (2) “HEALTH CARE–RELATED PHYSICAL INT ERVENTION” MEANS AN 7
62+ACT THAT IS: 8
6263
63- (3) (I) “USE of force” means:
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 DOCTO R OR NURSE WHI LE ACTING IN THE COU RSE OF THE 11
67+DOCTOR’S OR NURSE’S EMPLOYMENT ; AND 12
6468
65- [(i)] 1. any physical striking of an individual;
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
6672
67- [(ii)] 2. any significant physical contact that restricts the
68-movement of an individual, including control techniques; or
73+ 2. THE ADMINISTRATION O F 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
6977
70- [(iii)] 3. the detainment of an individual without the individual’s
71-consent.
78+ (3) (I) “USE of force” means: 20
7279
73- [(2)] (II) “Use of force” includes:
80+ [(i)] 1. any physical striking of an individual; 21
7481
75- [(i)] 1. the discharge of a firearm;
82+ [(ii)] 2. any significant physical contact that restricts the 22
83+movement of an individual, including control techniques; or 23
7684
77- [(ii)] 2. the discharge of pepper mace, as defined in § 4–101 of the
78-Criminal Law Article; and
85+ [(iii)] 3. the detainment of an individual without the individual’s 24
86+consent. 25
7987
80- [(iii)] 3. the use of an electronic control device, as defined in §
81-4–109 of the Criminal Law Article.
88+ [(2)] (II) “Use of force” includes: 26
8289
83- [(3)] (III) “Use of force” does not include mere presence, verbal commands,
84-[or] escorting an individual with minimal resistance, OR A HEALTH CARE –RELATED
85-PHYSICAL INTERVENTIO N THAT WAS REPORTED AS AN ADVERSE EVENT TO THE
86-MARYLAND DEPARTMENT OF HEALTH.
90+ [(i)] 1. the discharge of a firearm; 27
8791
88- (b) (1) Subject to paragraph (2) of this subsection, a security guard shall report
89-any use of force against a person while providing security guard services on behalf of the
90-licensed security guard agency or for the security guard employer to the security guard
91-agency or the security guard employer within 48 hours after the use of force on a form
92-provided by the Secretary.
93- WES MOORE, Governor Ch. 942
92+ [(ii)] 2. the discharge of pepper mace, as defined in § 4–101 of the 28
93+Criminal Law Article; and 29
94+ SENATE BILL 729 3
9495
95-– 3 –
96- (2) A security guard is not required to report any use of force against a
97-person within 48 hours after the use of force if the security guard is seriously injured or
98-disabled.
9996
100- (c) (1) A EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , A
101-licensed security guard agency or security guard employer shall, in accordance with
102-[paragraph] PARAGRAPHS (2) AND (3) of this subsection, report any use of force by a
103-security guard while providing security guard services on its behalf or for it to the Secretary
104-within 48 hours after receiving the form completed under subsection (b)(1) of this section.
97+ [(iii)] 3. the use of an electronic control device, as defined in § 1
98+4–109 of the Criminal Law Article. 2
10599
106- (2) The use of force report under paragraph (1) of this subsection shall
107-include:
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
108104
109- (i) the type of encounter;
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
110110
111- (ii) the type of force used;
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
112114
113- (iii) the location of the incident where force was used;
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
114120
115- (iv) whether the individual against whom force was used was
116-arrested and, if known, what charges the individual received;
121+ (2) The use of force report under paragraph (1) of this subsection shall 20
122+include: 21
117123
118- (v) whether the individual against whom force was used requested
119-or required medical care;
124+ (i) the type of encounter; 22
120125
121- (vi) whether the security guard requested or required medical care;
126+ (ii) the type of force used; 23
122127
123- (vii) demographic information about any individuals against whom
124-force was used and any security guard involved in the incident, including race, ethnicity,
125-gender, and age; and
128+ (iii) the location of the incident where force was used; 24
126129
127- (viii) the form completed under subsection (b)(1) of this section.
130+ (iv) whether the individual against whom force was used was 25
131+arrested and, if known, what charges the individual received; 26
128132
129- (3) A USE OF FORCE REPORT UNDER PARAGRAPH (1) OF THIS
130-SUBSECTION MAY NOT INCL UDE INFORMATION THAT IS PROHIBITED FROM
131-DISCLOSURE BY STATE OR FEDERAL LAW .
133+ (v) whether the individual against whom force was used requested 27
134+or required medical care; 28
132135
133- (D) THE EMPLOYER OF A SEC URITY GUARD PROVIDIN G SECURITY GUARD
134-SERVICES ON THE PREM ISES OF A HEALTH CAR E FACILITY, AS DEFINED IN § 19–114
135-OF THE HEALTH – GENERAL ARTICLE, SHALL REPORT EVERY 7 DAYS TO THE
136-SECRETARY OF STATE POLICE ON THE NUMBER OF CODE GREENS INITI ATED FOR
137-COMBATIVE PERSONS AN D CODE PURPLES INITI ATED FOR SECURITY –ONLY
138-RESPONSES, AS THOSE EMERGENCY C ODES ARE IDENTIFIED IN TITLE 10 OF THE
139-CODE OF MARYLAND REGULATIONS, OCCURRING IN THE PRE VIOUS 7 DAYS.
140- Ch. 942 2024 LAWS OF MARYLAND
136+ (vi) whether the security guard requested or required medical care; 29
141137
142-– 4 –
143- SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read
144-as follows:
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
145141
146-Chapter 763 of the Acts of 2023
142+ (viii) the form completed under subsection (b)(1) of this section. 33 4 SENATE BILL 729
147143
148- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
149-[June 1, 2024] JANUARY 1, 2025.
150144
151- SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall
152-take effect June 1, 2024 January 1, 2025, the effective date of Chapter 763 of the Acts of
153-the General Assembly of 2023. If the effective date of Chapter 763 is amended, Section 1 of
154-this Act shall take effect on the taking effect of Chapter 763.
155145
156- SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
157-3 of this Act, this Act shall take effect June 1, 2024.
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
158149
159-Approved by the Governor, May 16, 2024.
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 EMERGENCY C ODES ARE IDENTIFIED 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 effec t 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, except 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+ President of the Senate.
181+________________________________________________________________________________
182+ Speaker of the House of Delegates.