Maryland 2025 Regular Session

Maryland House Bill HB1431 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1431
6	6
7	7	HOUSE BILL 1431
8	8	E4, P3, L6 5lr2189
9	9
10	10	By: Delegates Charkoudian, Acevero, Addison, Allen, Amprey, Boafo , Cullison,
11	11	Fair, Foley, Fraser–Hidalgo, Ivey, A. Johnson, D. Jones, Kaufman, Kerr,
12	12	Lehman, J. Long, Martinez, McCaskill, Mireku –North, Palakovich Carr,
13	13	Pasteur, Phillips, Roberson, Shetty, Simmons, Simpson, Spiegel, Stein,
14	14	Stewart, Taveras, Taylor, Terrasa, Vogel, White Holland, Wilkins, Williams,
15	15	Wims, Wolek, Woorman, and Young
16	16	Introduced and read first time: February 7, 2025
17	17	Assigned to: Judiciary
18	18
19	19	A BILL ENTITLED
20	20
21	21	AN ACT concerning 1
22	22
23	23	State and Local Agencies – Enforcement of Federal Immigration Law – 2
24	24	Restrictions on Access to Information 3
25	25	(Maryland Data Privacy Act) 4
26	26
27	27	FOR the purpose of altering certain provisions of law to require a law enforcement agency 5
28	28	or a unit of State or local government to deny access to certain databases by certain 6
29	29	individuals seeking access for the purpose of enforcing federal immigration law, 7
30	30	under certain circumstances; requiring the Attorney General to enforce certain 8
31	31	provisions of this Act; providing that a State employee that violates certain 9
32	32	provisions of this Act is subject to certain discipline; and generally relating to access 10
33	33	to information held by law enforcement agencies and State and local agencies. 11
34	34
35	35	BY repealing and reenacting, without amendments, 12
36	36	Article – General Provisions 13
37	37	Section 4–320(g)(2) and 4–320.1 14
38	38	Annotated Code of Maryland 15
39	39	(2019 Replacement Volume and 2024 Supplement) 16
40	40
41	41	BY repealing and reenacting, with amendments, 17
42	42	Article – Public Safety 18
43	43	Section 3–529 19
44	44	Annotated Code of Maryland 20
45	45	(2022 Replacement Volume and 2024 Supplement) 21
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
48	48	That the Laws of Maryland read as follows: 23 2 HOUSE BILL 1431
49	49
50	50
51	51
52	52	Article – General Provisions 1
53	53
54	54	4–320. 2
55	55
56	56	(g) (2) A person receiving personal information under subsection (d), (e), or (f) 3
57	57	of this section may not disclose the personal information to a federal agent or federal agency 4
58	58	for the purpose of federal immigration enforcement unless the person is presented with a 5
59	59	valid warrant issued by a federal court or a court of this State. 6
60	60
61	61	4–320.1. 7
62	62
63	63	(a) In this section, “facial recognition” means a biometric software application 8
64	64	that identifies or verifies a person by comparing and analyzing patterns based on a person’s 9
65	65	facial contours. 10
66	66
67	67	(b) (1) Notwithstanding any other provision of this title, an officer, an 11
68	68	employee, an agent, or a contractor of the State or a political subdivision shall deny 12
69	69	inspection of the part of a public record that contains personal information or inspection of 13
70	70	a photograph of an individual by any federal agency seeking access for the purpose of 14
71	71	enforcing federal immigration law, unless the officer, employee, agent, or contractor is 15
72	72	provided with a valid warrant issued by a federal court or a court of this State. 16
73	73
74	74	(2) Notwithstanding any other provision of this title, an officer, an 17
75	75	employee, an agent, or a contractor of the State or a political subdivision shall deny 18
76	76	inspection using a facial recognition search of a digital photographic image or actual stored 19
77	77	data of a digital photographic image by any federal agency seeking access for the purpose 20
78	78	of enforcing federal immigration law, unless the officer, employee, agent, or contractor is 21
79	79	provided with a valid warrant issued by a federal court or a court of this State. 22
80	80
81	81	(3) On or before June 1, 2023, and each June 1 thereafter, the Motor 23
82	82	Vehicle Administration, the Department of State Police, and the Department of Public 24
83	83	Safety and Correctional Services shall, with respect to requests from federal agencies 25
84	84	seeking access for the purpose of federal immigration enforcement for personal information, 26
85	85	a photograph of an individual, or a facial recognition search, whether or not the request 27
86	86	was initiated through a State or local law enforcement agency, report to the General 28
87	87	Assembly, in accordance with § 2–1257 of the State Government Article, the following 29
88	88	information for the immediately preceding calendar year: 30
89	89
90	90	(i) the number of requests received from any federal agency for 31
91	91	personal information, a photograph of an individual, or a facial recognition search; 32
92	92
93	93	(ii) the number of requests received from any federal agency for 33
94	94	personal information, a photograph of an individual, or a facial recognition search for which 34
95	95	a valid warrant issued by a federal court or a court of this State was provided; 35
96	96	HOUSE BILL 1431 3
97	97
98	98
99	99	(iii) the number and purpose of facial recognition searches completed 1
100	100	for any federal agency based on personal information or a photograph of an individual 2
101	101	provided to the federal agency by the Motor Vehicle Administration, the Department of 3
102	102	State Police, or the Department of Public Safety and Correctional Services; and 4
103	103
104	104	(iv) the number of individuals whose personal information or 5
105	105	photograph was provided to any federal agency by, respectively, the Motor Vehicle 6
106	106	Administration, the Department of State Police, and the Department of Public Safety and 7
107	107	Correctional Services. 8
108	108
109	109	Article – Public Safety 9
110	110
111	111	3–529. 10
112	112
113	113	(a) (1) In this section the following words have the meanings indicated. 11
114	114
115	115	(2) (i) “Database” means any database operated by: 12
116	116
117	117	1. State and local law enforcement agencies, including 13
118	118	databases maintained for a law enforcement agency by a private vendor; OR 14
119	119
120	120	2. A UNIT OF STATE OR LOCAL GOVERNMENT , 15
121	121	INCLUDING DATABASES MAINTAINED FOR A UNI T OF STATE GOVERNMENT BY A 16
122	122	PRIVATE VENDOR . 17
123	123
124	124	(ii) “Database” does not include a registry operated under Title 11, 18
125	125	Subtitle 7 of the Criminal Procedure Article. 19
126	126
127	127	(3) (i) “Law enforcement agency” means a federal, state, or local agency 20
128	128	authorized to enforce criminal laws. 21
129	129
130	130	(ii) “Law enforcement agency” includes the Maryland Department of 22
131	131	Public Safety and Correctional Services. 23
132	132
133	133	(b) [An entity] A LAW ENFORCEMENT AGEN CY OR A UNIT OF STATE OR 24
134	134	LOCAL GOVERNMENT operating a database shall: 25
135	135
136	136	(1) deny access to the database to any individual who is OR APPEARS TO 26
137	137	BE seeking access for the purpose of enforcing federal immigration law, unless the 27
138	138	individual presents a valid warrant issued by a federal court or a court of this State AND 28
139	139	CLEARLY IDENTIFIES T HE RECORD TO BE ACCE SSED; and 29
140	140
141	141	(2) require an individual accessing the database to provide to the [entity] 30
142	142	LAW ENFORCEMENT AGEN CY OR THE UNIT OF STATE OR LOCAL GOVERN MENT: 31
143	143
144	144	(i) the individual’s name; 32 4 HOUSE BILL 1431
145	145
146	146
147	147
148	148	(ii) the individual’s contact information, including a telephone 1
149	149	number, an e–mail address, and a physical address; and 2
150	150
151	151	(iii) unless the individual presents a valid warrant issued by a federal 3
152	152	court or a court of this State AND CLEARLY IDENTIFI ES THE RECORD TO BE ACCESSED, 4
153	153	a statement by the individual, under penalty of perjury, that the individual is not accessing 5
154	154	the database for the purpose of enforcing federal immigration law. 6
155	155
156	156	(C) EACH UNIT OF STATE GOVERNMENT SHALL: 7
157	157
158	158	(1) MAINTAIN A RECORD OF EACH REQUEST BY AN I NDIVIDUAL 8
159	159	SEEKING ACCESS TO A DATABASE, RECORD, OR INFORMATION AS DESCRIBED UNDER 9
160	160	THIS SECTION; AND 10
161	161
162	162	(2) ON OR BEFORE DECEMBER 1, 2025, AND EACH YEAR 11
163	163	THEREAFTER , SUBMIT A REPORT TO THE ATTORNEY GENERAL AND , IN 12
164	164	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 13
165	165	ASSEMBLY ON: 14
166	166
167	167	(I) THE NUMBER AND NATUR E OF ACCESS REQUESTS 15
168	168	RECEIVED; 16
169	169
170	170	(II) WHETHER THE REQUESTS WERE GRANTED OR DENI ED; AND 17
171	171
172	172	(III) ANY OTHER INFORMATIO N REQUIRED TO ENSURE 18
173	173	COMPLIANCE WITH THIS SECTION. 19
174	174
175	175	(D) THE ATTORNEY GENERAL SHALL : 20
176	176
177	177	(1) ENFORCE THE REQUIREM ENTS OF THIS SECTION THROUGH ANY 21
178	178	MEANS NORMALLY AVAILABLE IN THE ENFORCEMENT O F CIVIL VIOLATIONS; AND 22
179	179
180	180	(2) ESTABLISH A SYSTEM O F CIVIL PENALTIES NO T EXCEEDING 23
181	181	$1,000 PER VIOLATION OF THIS SECTION. 24
182	182
183	183	(E) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A STATE 25
184	184	EMPLOYEE WHO VIOLATE S THIS SECTION IS SU BJECT TO DISCIPLINE, INCLUDING 26
185	185	TERMINATION FROM EMP LOYMENT. 27
186	186
187	187	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
188	188	October 1, 2025. 29