EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1431*
HOUSE BILL 1431
E4, P3, L6 5lr2189
By: Delegates Charkoudian, Acevero, Addison, Allen, Amprey, Boafo , Cullison,
Fair, Foley, Fraser–Hidalgo, Ivey, A. Johnson, D. Jones, Kaufman, Kerr,
Lehman, J. Long, Martinez, McCaskill, Mireku –North, Palakovich Carr,
Pasteur, Phillips, Roberson, Shetty, Simmons, Simpson, Spiegel, Stein,
Stewart, Taveras, Taylor, Terrasa, Vogel, White Holland, Wilkins, Williams,
Wims, Wolek, Woorman, and Young
Introduced and read first time: February 7, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
State and Local Agencies – Enforcement of Federal Immigration Law – 2
Restrictions on Access to Information 3
(Maryland Data Privacy Act) 4
FOR the purpose of altering certain provisions of law to require a law enforcement agency 5
or a unit of State or local government to deny access to certain databases by certain 6
individuals seeking access for the purpose of enforcing federal immigration law, 7
under certain circumstances; requiring the Attorney General to enforce certain 8
provisions of this Act; providing that a State employee that violates certain 9
provisions of this Act is subject to certain discipline; and generally relating to access 10
to information held by law enforcement agencies and State and local agencies. 11
BY repealing and reenacting, without amendments, 12
Article – General Provisions 13
Section 4–320(g)(2) and 4–320.1 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Public Safety 18
Section 3–529 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23 2 HOUSE BILL 1431
Article – General Provisions 1
4–320. 2
(g) (2) A person receiving personal information under subsection (d), (e), or (f) 3
of this section may not disclose the personal information to a federal agent or federal agency 4
for the purpose of federal immigration enforcement unless the person is presented with a 5
valid warrant issued by a federal court or a court of this State. 6
4–320.1. 7
(a) In this section, “facial recognition” means a biometric software application 8
that identifies or verifies a person by comparing and analyzing patterns based on a person’s 9
facial contours. 10
(b) (1) Notwithstanding any other provision of this title, an officer, an 11
employee, an agent, or a contractor of the State or a political subdivision shall deny 12
inspection of the part of a public record that contains personal information or inspection of 13
a photograph of an individual by any federal agency seeking access for the purpose of 14
enforcing federal immigration law, unless the officer, employee, agent, or contractor is 15
provided with a valid warrant issued by a federal court or a court of this State. 16
(2) Notwithstanding any other provision of this title, an officer, an 17
employee, an agent, or a contractor of the State or a political subdivision shall deny 18
inspection using a facial recognition search of a digital photographic image or actual stored 19
data of a digital photographic image by any federal agency seeking access for the purpose 20
of enforcing federal immigration law, unless the officer, employee, agent, or contractor is 21
provided with a valid warrant issued by a federal court or a court of this State. 22
(3) On or before June 1, 2023, and each June 1 thereafter, the Motor 23
Vehicle Administration, the Department of State Police, and the Department of Public 24
Safety and Correctional Services shall, with respect to requests from federal agencies 25
seeking access for the purpose of federal immigration enforcement for personal information, 26
a photograph of an individual, or a facial recognition search, whether or not the request 27
was initiated through a State or local law enforcement agency, report to the General 28
Assembly, in accordance with § 2–1257 of the State Government Article, the following 29
information for the immediately preceding calendar year: 30
(i) the number of requests received from any federal agency for 31
personal information, a photograph of an individual, or a facial recognition search; 32
(ii) the number of requests received from any federal agency for 33
personal information, a photograph of an individual, or a facial recognition search for which 34
a valid warrant issued by a federal court or a court of this State was provided; 35
HOUSE BILL 1431 3
(iii) the number and purpose of facial recognition searches completed 1
for any federal agency based on personal information or a photograph of an individual 2
provided to the federal agency by the Motor Vehicle Administration, the Department of 3
State Police, or the Department of Public Safety and Correctional Services; and 4
(iv) the number of individuals whose personal information or 5
photograph was provided to any federal agency by, respectively, the Motor Vehicle 6
Administration, the Department of State Police, and the Department of Public Safety and 7
Correctional Services. 8
Article – Public Safety 9
3–529. 10
(a) (1) In this section the following words have the meanings indicated. 11
(2) (i) “Database” means any database operated by: 12
1. State and local law enforcement agencies, including 13
databases maintained for a law enforcement agency by a private vendor; OR 14
2. A UNIT OF STATE OR LOCAL GOVERNMENT , 15
INCLUDING DATABASES MAINTAINED FOR A UNI T OF STATE GOVERNMENT BY A 16
PRIVATE VENDOR . 17
(ii) “Database” does not include a registry operated under Title 11, 18
Subtitle 7 of the Criminal Procedure Article. 19
(3) (i) “Law enforcement agency” means a federal, state, or local agency 20
authorized to enforce criminal laws. 21
(ii) “Law enforcement agency” includes the Maryland Department of 22
Public Safety and Correctional Services. 23
(b) [An entity] A LAW ENFORCEMENT AGEN CY OR A UNIT OF STATE OR 24
LOCAL GOVERNMENT operating a database shall: 25
(1) deny access to the database to any individual who is OR APPEARS TO 26
BE seeking access for the purpose of enforcing federal immigration law, unless the 27
individual presents a valid warrant issued by a federal court or a court of this State AND 28
CLEARLY IDENTIFIES T HE RECORD TO BE ACCE SSED; and 29
(2) require an individual accessing the database to provide to the [entity] 30
LAW ENFORCEMENT AGEN CY OR THE UNIT OF STATE OR LOCAL GOVERN MENT: 31
(i) the individual’s name; 32 4 HOUSE BILL 1431
(ii) the individual’s contact information, including a telephone 1
number, an e–mail address, and a physical address; and 2
(iii) unless the individual presents a valid warrant issued by a federal 3
court or a court of this State AND CLEARLY IDENTIFI ES THE RECORD TO BE ACCESSED, 4
a statement by the individual, under penalty of perjury, that the individual is not accessing 5
the database for the purpose of enforcing federal immigration law. 6
(C) EACH UNIT OF STATE GOVERNMENT SHALL: 7
(1) MAINTAIN A RECORD OF EACH REQUEST BY AN I NDIVIDUAL 8
SEEKING ACCESS TO A DATABASE, RECORD, OR INFORMATION AS DESCRIBED UNDER 9
THIS SECTION; AND 10
(2) ON OR BEFORE DECEMBER 1, 2025, AND EACH YEAR 11
THEREAFTER , SUBMIT A REPORT TO THE ATTORNEY GENERAL AND , IN 12
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 13
ASSEMBLY ON: 14
(I) THE NUMBER AND NATUR E OF ACCESS REQUESTS 15
RECEIVED; 16
(II) WHETHER THE REQUESTS WERE GRANTED OR DENI ED; AND 17
(III) ANY OTHER INFORMATIO N REQUIRED TO ENSURE 18
COMPLIANCE WITH THIS SECTION. 19
(D) THE ATTORNEY GENERAL SHALL : 20
(1) ENFORCE THE REQUIREM ENTS OF THIS SECTION THROUGH ANY 21
MEANS NORMALLY AVAILABLE IN THE ENFORCEMENT O F CIVIL VIOLATIONS; AND 22
(2) ESTABLISH A SYSTEM O F CIVIL PENALTIES NO T EXCEEDING 23
$1,000 PER VIOLATION OF THIS SECTION. 24
(E) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A STATE 25
EMPLOYEE WHO VIOLATE S THIS SECTION IS SU BJECT TO DISCIPLINE, INCLUDING 26
TERMINATION FROM EMP LOYMENT. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2025. 29