MD
Maryland House Bill HB669

Maryland 2025 Regular Session

Maryland House Bill HB669 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0669*
66
77 HOUSE BILL 669
88 E4 5lr0769
99
1010 By: Delegate Williams
1111 Introduced and read first time: January 24, 2025
1212 Assigned to: Judiciary
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Law Enforcement Officers – Body–Worn Cameras – Requirements 2
1919
2020 FOR the purpose of authorizing a recording of a body–worn camera worn by a law 3
2121 enforcement officer to be used as evidence in any administrative, judicial, legislative, 4
2222 or disciplinary proceeding; requiring a custodian to deny inspection of a recording 5
2323 made with the use of a body–worn camera of a law enforcement officer, subject to 6
2424 certain exceptions; establishing minimum requirements for a body–worn camera 7
2525 policy for a law enforcement agency and the model policy created by the Maryland 8
2626 Police Training and Standards Commission; requiring certain law enforcement 9
2727 agencies to require the use of body–worn cameras by certain law enforcement officers 10
2828 on or before a certain date; requiring each law enforcement agency to submit certain 11
2929 information to the Commission each year; requiring the Commission to submit a 12
3030 certain report each year; and generally relating to the use of body–worn cameras by 13
3131 law enforcement officers. 14
3232
3333 BY adding to 15
3434 Article – Courts and Judicial Proceedings 16
3535 Section 10–926 17
3636 Annotated Code of Maryland 18
3737 (2020 Replacement Volume and 2024 Supplement) 19
3838
3939 BY adding to 20
4040 Article – General Provisions 21
4141 Section 4–315.1 22
4242 Annotated Code of Maryland 23
4343 (2019 Replacement Volume and 2024 Supplement) 24
4444
4545 BY repealing and reenacting, with amendments, 25
4646 Article – Public Safety 26
4747 Section 3–511 27
4848 Annotated Code of Maryland 28 2 HOUSE BILL 669
4949
5050
5151 (2022 Replacement Volume and 2024 Supplement) 1
5252
5353 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF M ARYLAND, 2
5454 That the Laws of Maryland read as follows: 3
5555
5656 Article – Courts and Judicial Proceedings 4
5757
5858 10–926. 5
5959
6060 (A) A RECORDING OF A BODY –WORN CAMERA OF A LAW ENFORCEMENT 6
6161 OFFICER MAY BE USED IN ANY ADMINISTRATIVE , JUDICIAL, LEGISLATIVE, OR 7
6262 DISCIPLINARY PROCEED ING. 8
6363
6464 (B) IF A COURT OR OTHER F INDER OF FACT FINDS BY A PREPONDERANCE 9
6565 OF THE EVIDENCE THAT A RECORDING WAS INTE NTIONALLY NOT CAPTUR ED, 10
6666 DESTROYED, ALTERED, OR INTERMITTENTLY CA PTURED IN VIOLATION OF THE 11
6767 BODY–WORN CAMERA REQUIREM ENTS UNDER § 3–511 OF THE PUBLIC SAFETY 12
6868 ARTICLE, THEN THE COURT OR OT HER FINDER OF FACT S HALL CONSIDER OR BE 13
6969 INSTRUCTED TO CONSID ER THAT VIOLATION IN WEIGHING THE EVIDENC E, UNLESS 14
7070 THE STATE PROVIDES A REAS ONABLE JUSTIFICATION FOR THE VIOLATION. 15
7171
7272 Article – General Provisions 16
7373
7474 4–315.1. 17
7575
7676 (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A CUSTODIAN SHALL 18
7777 DENY INSPECTION OF A RECORDING MADE WITH THE USE OF A BODY –WORN CAMERA 19
7878 OF A LAW ENFORCEMENT OFFICER. 20
7979
8080 (B) A CUSTODIAN SHALL ALLO W INSPECTION OF A RECORDING MADE WITH 21
8181 THE USE OF A BODY –WORN CAMERA OF A LAW ENFORCEMENT OFFICER : 22
8282
8383 (1) IF THE LAW ENFORCEMENT AGENCY OBTAINS WRITT EN 23
8484 PERMISSION TO DISCLOSE THE RECO RDING FROM EACH INDIVIDUAL CAPTURED ON 24
8585 THE RECORDING OR THE INDIVIDUAL’S LEGAL REPRESENTATI VE; 25
8686
8787 (2) IF THE RECORDING IS FLA GGED ACCORDING TO § 3–511(C)(10)(I), 26
8888 (II), (III), OR (IV) OF THE PUBLIC SAFETY ARTICLE, EXCEPT IF AN INDIVIDUAL 27
8989 CAPTURED ON THE RECO RDING WHO WAS NOT ARRESTED AS A RE SULT OF THE 28
9090 RECORDED ENCOUNTER : 29
9191
9292 (I) HAS A REASONABLE EXP ECTATION OF PRIVACY IN WHAT 30
9393 WAS RECORDED ; OR 31
9494 HOUSE BILL 669 3
9595
9696
9797 (II) IS A VICTIM OF OR WI TNESS TO A CRIME ; 1
9898
9999 (3) BY AN INDIVIDUAL CAPTURED ON THE RECORDING OR THE 2
100100 INDIVIDUAL’S ATTORNEY; OR 3
101101
102102 (4) BY THE RECORDING LAW ENFORCEMENT OFFICER OR THE 4
103103 OFFICER’S ATTORNEY. 5
104104
105105 (C) A RECORDING REQUESTED FOR INSPECTION UN DER THIS SECTION 6
106106 SHALL BE REDACTED TO REMOVE IDENTIFICA TION OF ANY INDIVIDU AL APPEARING 7
107107 ON THE RECORDING WHO IS NOT: 8
108108
109109 (1) THE RECORDING OFFICER; 9
110110
111111 (2) THE SUBJECT OF THE RECORDED ENCOUNTER ; OR 10
112112
113113 (3) DIRECTLY INVOLVED IN THE RECORDED ENCOUNTER . 11
114114
115115 Article – Public Safety 12
116116
117117 3–511. 13
118118
119119 (a) (1) In this section[, “law] THE FOLLOWING WORDS HAVE THE 14
120120 MEANINGS INDICATED . 15
121121
122122 (2) (I) “COMMUNITY CARETAKING FUNCTION ” MEANS A TASK 16
123123 UNDERTAKEN BY A LAW ENFORCEMENT OFFICER IN WHICH THE OFFICER IS 17
124124 PERFORMING AN ACT UN RELATED TO THE INVES TIGATION OF A CRIME . 18
125125
126126 (II) “COMMUNITY CARETAKING FUNCTION” INCLUDES 19
127127 PARTICIPATING IN TOW N HALLS OR OTHER COM MUNITY OUTREACH, HELPING A 20
128128 CHILD FIND THE CHILD’S PARENTS, PROVIDING DEATH NOTI FICATIONS, AND 21
129129 PERFORMING IN –HOME OR HOSPITAL WEL L–BEING CHECKS ON THE SICK, THE 22
130130 ELDERLY, OR INDIVIDUALS PRESU MED MISSING. 23
131131
132132 (3) “LAW enforcement agency” has the meaning stated in § 3–201 of this 24
133133 title. 25
134134
135135 (b) On or before January 1, 2016, the Maryland Police Training and Standards 26
136136 Commission shall develop and publish online a policy for the issuance and use of a 27
137137 body–worn camera by a law enforcement officer that addresses: 28
138138
139139 (1) the testing of body–worn cameras to ensure adequate functioning; 29
140140 4 HOUSE BILL 669
141141
142142
143143 (2) the procedure for the law enforcement officer to follow if the camera 1
144144 fails to properly operate at the beginning of or during the law enforcement officer’s shift; 2
145145
146146 (3) when recording is mandatory; 3
147147
148148 (4) when recording is prohibited; 4
149149
150150 (5) when recording is discretionary; 5
151151
152152 (6) when recording may require consent of a subject being recorded; 6
153153
154154 (7) when a recording may be ended; 7
155155
156156 (8) providing notice of recording; 8
157157
158158 (9) access to and confidentiality of recordings; 9
159159
160160 (10) the secure storage of data from a body–worn camera; 10
161161
162162 (11) review and use of recordings; 11
163163
164164 (12) retention of recordings; 12
165165
166166 (13) dissemination and release of recordings; 13
167167
168168 (14) consequences for violations of the agency’s body–worn camera policy; 14
169169
170170 (15) notification requirements when another individual becomes a party to 15
171171 the communication following the initial notification; 16
172172
173173 (16) specific protections for individuals when there is an expectation of 17
174174 privacy in private or public places; and 18
175175
176176 (17) any additional issues determined to be relevant in the implementation 19
177177 and use of body–worn cameras by law enforcement officers. 20
178178
179179 (c) (1) THE POLICY DEVELOPED UND ER SUBSECTION (B) OF THIS 21
180180 SECTION SHALL, AT A MINIMUM , INCLUDE AND BE CONSISTENT WITH THE 22
181181 REQUIREMENTS AND GUIDELINES CONTAINED IN THIS SU BSECTION. 23
182182
183183 (2) UNLESS PURCHASED AND ACQUIRED BY A LAW EN FORCEMENT 24
184184 AGENCY PRIOR TO JULY 1, 2015, A BODY–WORN CAMERA SHALL BE: 25
185185
186186 (I) EQUIPPED WITH PRE –EVENT RECORDING , CAPABLE OF 26
187187 RECORDING AT LEAST T HE 30 SECONDS PRIOR TO CAM ERA ACTIVATION ; AND 27
188188 HOUSE BILL 669 5
189189
190190
191191 (II) CAPABLE OF RECORDING FOR A PERIOD OF AT LEAST 10 1
192192 HOURS. 2
193193
194194 (3) A LAW ENFORCEMENT OFFI CER SHALL TURN ON THE OFFICER’S 3
195195 BODY–WORN CAMERA WHEN THE OFFICER IS IN UNIFOR M AND IS RESPONDING TO 4
196196 CALLS FOR SERVICE OR ENGAGED IN A LAW ENFORCEMENT –RELATED ACTIVITY 5
197197 THAT OCCURS WHILE TH E OFFICER IS ON DUTY UNLESS: 6
198198
199199 (I) EXIGENT CIRCUMSTANCES PREVENT THE CAMERA FROM 7
200200 BEING TURNED ON IMMEDIATELY ; 8
201201
202202 (II) THE OFFICER IS INSIDE A PATROL CAR THAT IS EQUIPPED 9
203203 WITH A FUNCTIONING I N–CAR CAMERA ; OR 10
204204
205205 (III) THE OFFICER IS INSIDE A CORRECTIONAL FACIL ITY OR 11
206206 COURTHOUSE THAT IS EQUIPPED WITH A F UNCTIONING CAMERA SYSTEM. 12
207207
208208 (4) (I) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
209209 PARAGRAPH , A LAW ENFORCEMENT OFFI CER SHALL TURN OFF THE OFFICER ’S 14
210210 BODY–WORN CAMERA WHEN: 15
211211
212212 A. A VICTIM OR WITNESS OF A CRIME REQUESTS THAT 16
213213 THE BODY–WORN CAMERA BE TURNED OFF ; 17
214214
215215 B. THE OFFICER IS INTER ACTING WITH A CONFIDENTIAL 18
216216 INFORMANT USED BY THE LAW ENFO RCEMENT AGENCY; OR 19
217217
218218 C. A FIELD ENFORCEMENT AGENT OF THE 20
219219 COMPTROLLER OF MARYLAND ENTERS A COMPTROLLER FACILITY OR CONDUCTS 21
220220 AN INTERVIEW DURING WHICH RETURN INFORMA TION WILL BE DISCUSS ED OR 22
221221 VISIBLE. 23
222222
223223 2. UNLESS IMPRACTICAL OR IMPOSSIBLE, A REQUEST 24
224224 OF A VICTIM OR WITNESS THAT A BODY –WORN CAMERA BE TURNE D OFF UNDER 25
225225 SUBSUBPARAGRAPH 1A OF THIS SUBPARAGRAPH SHALL BE MADE ON THE 26
226226 RECORDING. 27
227227
228228 (II) 1. NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 28
229229 PARAGRAPH , AN OFFICER MAY CONTI NUE TO RECORD A VICTIM, WITNESS, OR 29
230230 CONFIDENTIAL INFORMA NT IF: 30
231231
232232 A. EXIGENT CIRCUMSTANCE S EXIST; OR 31
233233 6 HOUSE BILL 669
234234
235235
236236 B. THE OFFICER HAS REAS ONABLE, ARTICULABLE 1
237237 SUSPICION THAT THE V ICTIM, WITNESS, OR INFORMANT HAS COM MITTED OR IS IN 2
238238 THE PROCESS OF COMMI TTING A CRIME. 3
239239
240240 2. UNLESS IMPRACTICAL OR IMPOSSIBLE, THE OFFICER 4
241241 SHALL INDICATE ON TH E RECORDING THE REAS ON FOR CONTINUING TO RECORD 5
242242 UNDER THIS SUBPARAGR APH. 6
243243
244244 (5) A LAW ENFORCEMENT OFFI CER MAY TURN OFF THE OFFICER’S 7
245245 BODY–WORN C AMERA WHEN THE OFFIC ER IS ENGAGED IN A COMMUNITY 8
246246 CARETAKING FUNCTION , UNLESS THE OFFICER HAS REAS ON TO BELIEVE THAT THE 9
247247 PERSON ON WHOSE BEHA LF THE OFFICER IS PERFORMING A COMMUNI TY 10
248248 CARETAKING FUNCTION HAS COMMITTED OR IS IN THE PROCESS OF COMMITTING A 11
249249 CRIME. 12
250250
251251 (6) (I) IF A PERSON HAS A REA SONABLE EXPECTATION OF 13
252252 PRIVACY, A LAW ENFORCEMENT OFFICER SHALL NOTIFY THE PERSON THAT THE 14
253253 OFFICER IS RECORDING IN A MANNER THAT IS EVIDENT IN THE RECOR DING. 15
254254
255255 (II) IF EXIGENT CIRCUMSTAN CES EXIST THAT PREVENT THE 16
256256 OFFICER FROM PROVIDI NG NOTICE, NOTICE MUST BE PROVIDED AS SOON AS 17
257257 PRACTICABLE . 18
258258
259259 (7) (I) ONLY PERSONNEL RESPON SIBLE FOR REDACTING OR 19
260260 DUPLICATING RECORDIN GS MAY ACCESS A BODY –WORN CAMERA RECORDIN G TO 20
261261 REDACT OR DUPLICATE THE RECORDING . 21
262262
263263 (II) NEITHER A RECORDING OFFICER NOR THE OFFICER ’S 22
264264 SUPERVISOR MAY REDAC T, DUPLICATE, OR OTHERWISE ALTER T HE RECORDING 23
265265 OFFICER’S BODY–WORN CAMERA RECORDINGS . 24
266266
267267 (8) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , A 25
268268 RECORDING OFFICER AN D THE OFFICER’S SUPERVISOR MAY ACC ESS AND REVIEW A 26
269269 BODY–WORN CAMERA RECORDING BEFORE COM PLETING AN INCIDENT REPORT OR 27
270270 OTHER DOCUMENTATION ONLY IF THE SUPERVISOR DISCL OSES THE ACCESS AND 28
271271 REVIEW IN THE INCIDENT REPORT OR OTHER DOCU MENTATION. 29
272272
273273 (II) A LAW ENFORCEMENT OFFI CER MAY NOT HAVE ACCESS TO, 30
274274 OR REVIEW, A BODY–WORN CAMERA RECORDING OF THE OFFICER OR ANOTHER 31
275275 OFFICER BEFORE COMPLETING AN INCIDENT REPORT OR O THER DOCUMENTATION 32
276276 IF THE OFFICER: 33
277277 HOUSE BILL 669 7
278278
279279
280280 1. HAS BEEN INVOLVED IN , OR IS A WITNESS TO , AN 1
281281 OFFICER–INVOLVED SHOOTING , USE OF DEADLY FORCE INCIDENT, OR USE OF 2
282282 FORCE INCIDENT RESULTING I N GREAT BODILY HARM ; OR 3
283283
284284 2. IS ORDERED TO WRITE A REPORT IN RESPONSE TO, OR 4
285285 DURING THE INVESTIGA TION OF, A MISCONDUCT COMPLAINT AGAINST TH E 5
286286 OFFICER. 6
287287
288288 (III) 1. A LAW ENFORCEMENT OFFI CER DESCRIBED IN 7
289289 SUBPARAGRAPH (II) OF THIS PARAGRAPH MAY FILE AN AMENDATORY REPORT TO 8
290290 THE INCIDENT REPORT AFTER VIEWING ONE OR MORE BODY–WORN CAMERA 9
291291 RECORDINGS . 10
292292
293293 2. AN AMENDATORY REPORT FILED UNDER 11
294294 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL INCLUDE DOCUMENTATION 12
295295 REGARDING ACCESS TO THE RECORDING OR RECORDINGS . 13
296296
297297 (9) (I) A RECORDING OFFICER ’S ASSIGNED FIELD TRAINING 14
298298 OFFICER MAY ACCESS AND REVIE W BODY–WORN CAMERA RECORDIN GS FOR 15
299299 TRAINING PURPOSES . 16
300300
301301 (II) A DETECTIVE OR INVESTI GATOR DIRECTLY INVOLVED IN AN 17
302302 INVESTIGATION MAY ACCESS AND REVIE W BODY–WORN CAMERA RECORDIN GS THAT 18
303303 PERTAIN TO TH E INVESTIGATION BUT MAY NOT DELETE O R ALTER SUCH 19
304304 RECORDINGS . 20
305305
306306 (10) A BODY–WORN CAMERA RECORDING SHALL BE RETAINED BY THE 21
307307 LAW ENFORCEMENT AGEN CY OR BY THE CAMERA VENDOR USED BY THE AGENCY 22
308308 FOR 90 DAYS AFTER THE RECORDING IS MADE AND DESTROYED THEREA FTER 23
309309 UNLESS THE RECORDING IS FLA GGED BECAUSE : 24
310310
311311 (I) A FORMAL OR INFORMAL COMPLAINT HAS BEEN F ILED 25
312312 REGARDING AN ENCOUNT ER CAPTURED ON THE R ECORDING; 26
313313
314314 (II) THE RECORDING OFFICE R DISCHAR GED THE OFFICER ’S 27
315315 FIREARM OR USED FORC E DURING THE RECORDE D ENCOUNTER ; 28
316316
317317 (III) A PERSON CAPTURED IN THE RECORDING DIED O R 29
318318 SUFFERED GREAT BODIL Y HARM; 30
319319
320320 (IV) THE RECORDED ENCOUNT ER RESULTED IN A DET ENTION 31
321321 OR AN ARREST, EXCLUDING TRAFFIC ST OPS THAT RESULTED IN ONLY AN OFFENSE 32
322322 PUNISHABLE BY A FINE ; 33
323323 8 HOUSE BILL 669
324324
325325
326326 (V) THE OFFICER IS THE S UBJECT OF AN INTERNA L 1
327327 INVESTIGATION OR OTH ER MISCONDUCT INVEST IGATION; 2
328328
329329 (VI) THE SUPERVISOR OF TH E RECORDING OFFICER , A 3
330330 PROSECUTOR , A DEFENDANT , OR THE COURT DETERMI NES THAT THE EN COUNTER 4
331331 HAS EVIDENTIARY VALU E IN A CRIMINAL PROS ECUTION; OR 5
332332
333333 (VII) THE RECORDING OFFICE R REQUESTS THAT THE 6
334334 RECORDING BE SAVED : 7
335335
336336 1. FOR PURPOSES RELATED TO THE OFFICER’S OFFICIAL 8
337337 DUTIES; OR 9
338338
339339 2. BECAUSE THE OFFICER BELIEVES IT MAY HAVE 10
340340 EVIDENTIARY VALUE IN A CRIMINAL PROSECUTI ON. 11
341341
342342 (11) (I) A BODY–WORN CAMERA RECORDIN G OF A LAW 12
343343 ENFORCEMENT –RELATED ACTIVITY MAY NOT BE ALTERED, ERASED, OR DESTROYED 13
344344 BEFORE THE EXPIRATIO N OF THE 90–DAY STORAGE PERIOD SPECIFIED IN 14
345345 PARAGRAPH (10) OF THIS SUBSECTION. 15
346346
347347 (II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 16
348348 PARAGRAPH , IF A RECORDING IS ALTERED, ERASED, OR DESTROYED BEFORE THE 17
349349 EXPIRATION OF THE 90–DAY STORAGE PERIOD SPECIFIED IN PARAGRA PH (10) OF 18
350350 THIS SUBSECTION , THE LAW ENFORCEMENT AGENCY SHALL MAINTAIN, FOR 1 YEAR, 19
351351 A WRITTEN RECORD OF THE ACTION INCLUD ING THE NAME OF THE INDI VIDUAL WHO 20
352352 MADE THE ALTERATION, ERASURE, OR DESTRUCTION AND T HE REASON FOR THE 21
353353 ALTERATION, ERASURE, OR DESTRUCTION . 22
354354
355355 (12) A FLAGGED RECORDING UN DER PARAGRAPH (10) OF THIS 23
356356 SUBSECTION MAY NOT BE ALTERED OR DESTRO YED: 24
357357
358358 (I) FOR 2 YEARS AFTER THE RECO RDING IS FLAGGED; OR 25
359359
360360 (II) IF THE RECORDING IS USED IN A CRIMINAL , CIVIL, OR 26
361361 ADMINISTRATIVE PROCE EDING, UNTIL AFTER A FINAL DISPOSITION AND ORDER 27
362362 FROM THE COURT. 28
363363
364364 (13) A LAW ENFORCEMENT AGENCY MAY LABEL A BODY–WORN 29
365365 CAMERA RECORDING WITHIN THE RECORDING MEDIUM IF THE LABELING DOES NOT 30
366366 ALTER THE ACTUAL REC ORDING OF THE INCIDE NT CAPTURED ON THE BODY–WORN 31
367367 BODY CAMERA . 32
368368 HOUSE BILL 669 9
369369
370370
371371 (14) (I) A RECORDING MAY BE RETAINED BEYOND THE STORAGE 1
372372 REQUIREMENTS CONTAINED IN THIS SU BSECTION IF A SUPERVISOR AT T HE LAW 2
373373 ENFORCEMENT AGENCY DESIGNATES TH E RECORDING FOR TRAI NING PURPOSES . 3
374374
375375 (II) A RECORDING DESIGNATED FOR TRAINING PURPOSE S 4
376376 UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY BE VIEWED BY AN OFFICER, IN 5
377377 THE PRESENCE OF A SUPERVISOR OR TRAINI NG INSTRUCTOR , FOR THE PURPOSES 6
378378 OF INSTRUCTION, TRAINING, OR ENSURING COMPLIAN CE WITH AGENCY POLICIES. 7
379379
380380 (15) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 8
381381 BODY–WORN CAMERA R ECORDING MAY NOT BE USED TO DISCI PLINE A LAW 9
382382 ENFORCEMENT OFFICER UNLESS: 10
383383
384384 1. A FORMAL OR INFORMAL COMPLAINT OF 11
385385 MISCONDUCT HAS BEEN MADE ; 12
386386
387387 2. A USE OF FORCE INCID ENT HAS OCCURRED ; 13
388388
389389 3. THE ENCOUNTER ON THE RECORDING COULD RESU LT 14
390390 IN AN INTERNAL INVESTIGATION UNDER SUBTITLE 1 OF THIS TITLE; OR 15
391391
392392 4. THE RECORDING IS USED FOR CORROBORATION OF 16
393393 OTHER EVIDENCE OF MISCONDUCT . 17
394394
395395 (II) NOTHING IN SUBPARAGRA PH (I) OF THIS PARAGRAPH 18
396396 LIMITS OR PROHIBIT S A LAW ENFORCEMENT OF FICER FROM BEING SUB JECT TO AN 19
397397 ACTION THAT DOES NOT AMOUNT TO DISCIPLINE . 20
398398
399399 (16) A LAW ENFORCEMENT AGEN CY SHALL ENSURE PROP ER CARE AND 21
400400 MAINTENANCE OF A BODY–WORN CAMERA, INCLUDING: 22
401401
402402 (I) REQUIRING AN OFFICER TO DOCUMENT AND NOTIFY THE 23
403403 APPROPRIATE SUPERVIS OR OF TECHNICAL DIFFICULTIES, FAILURES, OR 24
404404 PROBLEMS WITH A BODY–WORN CAMERA OR ASSOCIATED EQUIPMENT ON 25
405405 BECOMING AWARE OF TH E ISSUE; AND 26
406406
407407 (II) REQUIRING A SUPERVIS OR, ON RECEIVING NOTICE OF A 27
408408 PROBLEM WITH BODY–WORN CAMERA EQUIPME NT, TO MAKE EVERY REASONABL E 28
409409 EFFORT TO CORRECT AN D REPAIR THE EQUIPMENT. 29
410410
411411 (17) (I) A LAW ENFORCEMENT OFFI CER MAY NOT HINDER OR 30
412412 PROHIBIT A MEMBER OF THE PUBLIC FROM RECORDING A LAW ENFORCEMENT 31
413413 OFFICER IN THE PERFO RMANCE OF THE OFFICER’S DUTIES IN A PUBLIC PLACE OR 32
414414 WHEN THE OFFICER HAS NO REASONABLE EXPECTATION OF PRIVA CY. 33 10 HOUSE BILL 669
415415
416416
417417
418418 (II) A WRITTEN POLICY CREATED IN ACCORDANC E WITH THIS 1
419419 SECTION SHALL INDICATE : 2
420420
421421 1. THE POTENTIAL CRIMIN AL PENALTIES AND 3
422422 ADMINISTRATIVE DISCIPLINE FOR UNLAWFUL CONFISCATIO N OR DESTRUCTION OF 4
423423 THE RECORDING MEDIUM OF A MEMBER OF THE PUBLIC ; AND 5
424424
425425 2. THAT AN OFFICER MAY TAKE REASONABLE ACTION TO 6
426426 MAINTAIN SAFETY AND CONTROL, SECURE CRIME SCENES AND ACCIDENT SITES , 7
427427 PROTECT THE INTEGRITY AND CONFID ENTIALITY OF INVESTI GATIONS, AND 8
428428 PROTECT THE PUBLIC SAFETY AN D ORDER. 9
429429
430430 (D) (1) (i) This paragraph applies to: 10
431431
432432 1. the Department of State Police; 11
433433
434434 2. the Anne Arundel County Police Department; 12
435435
436436 3. the Howard County Police Department; and 13
437437
438438 4. the Harford County Sheriff’s Office. 14
439439
440440 (ii) On or before July 1, 2023, a law enforcement agency to which this 15
441441 paragraph applies shall require the use of body–worn cameras, subject to the policy on the 16
442442 use of body–worn cameras developed by the law enforcement agency, by each law 17
443443 enforcement officer employed by the law enforcement agency who regularly interacts with 18
444444 members of the public as part of the law enforcement officer’s official duties. 19
445445
446446 (2) On or before July 1, 2025, a law enforcement agency of a county, other 20
447447 than a law enforcement agency described in paragraph (1) of this subsection, shall require 21
448448 the use of body–worn cameras, subject to the policy on the use of body–worn cameras 22
449449 developed by the law enforcement agency, by each law enforcement officer employed by the 23
450450 law enforcement agency who regularly interacts with members of the public as part of the 24
451451 law enforcement officer’s official duties. 25
452452
453453 (3) ON OR BEFORE JULY 1, 2027, EACH LAW ENFORCEMENT AGENCY 26
454454 IN THE STATE SHALL REQUIRE T HE USE OF BODY–WORN CAMERAS , SUBJECT TO THE 27
455455 POLICY ON THE USE OF BODY–WORN CAMERAS DEVELOP ED BY THE LAW 28
456456 ENFORCEMENT AGENCY , BY EACH LAW ENFORCEM ENT OFFICER EMPLOYED BY THE 29
457457 LAW ENFORCEMENT AGEN CY WHO REGULARLY INT ERACTS WITH MEMBERS OF THE 30
458458 PUBLIC AS PART OF TH E LAW ENFORCEMENT OF FICER’S OFFICIAL DUTIES. 31
459459
460460 [(d)] (E) (1) A law enforcement agency described in subsection [(c)] (D) of this 32
461461 section shall develop and maintain a written policy consistent with the policy published by 33 HOUSE BILL 669 11
462462
463463
464464 the Maryland Police Training and Standards Commission under subsection (b) of this 1
465465 section for the use of body–worn cameras. 2
466466
467467 (2) A policy developed and maintained under paragraph (1) of this 3
468468 subsection shall specify which law enforcement officers employed by the law enforcement 4
469469 agency are required to use body–worn cameras. 5
470470
471471 [(e) A body–worn camera that possesses the requisite technological capability 6
472472 shall automatically record and save at least 60 seconds of video footage immediately prior 7
473473 to the officer activating the record button on the device.] 8
474474
475475 (f) A law enforcement agency may not negate or alter any of the requirements or 9
476476 policies established in accordance with this section through collective bargaining. 10
477477
478478 (G) (1) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 11
479479 THEREAFTER , EACH LAW ENFORCEMENT AGENCY REQUIRED TO USE BODY –WORN 12
480480 CAMERAS UNDER SUBSEC TION (D) OF THIS SECTION SHALL SUBMIT TO THE 13
481481 COMMISSION A REPORT ON THE USE OF BODY–WORN CAMERAS THAT INCLUDE S: 14
482482
483483 (I) A BRIEF OVERVIEW OF THE MAKEUP OF THE AG ENCY, 15
484484 INCLUDING THE NUMBER OF OFFICERS UTILIZIN G BODY–WORN CAMERAS; 16
485485
486486 (II) THE NUMBER OF BODY –WORN CAMERAS UTILIZED BY THE 17
487487 LAW ENFORCEMENT AGEN CY; 18
488488
489489 (III) ANY TECHNICAL ISSUES WITH THE BODY–WORN CAMERA 19
490490 EQUIPMENT AND HOW TH OSE ISSUES WERE REME DIED; 20
491491
492492 (IV) A BRIEF DESCRIPTION OF THE REVIEW PROCES S USED BY 21
493493 SUPERVISORS WITHIN T HE LAW ENFORCEMENT A GENCY; AND 22
494494
495495 (V) ANY OTHER INFORMATIO N RELEVANT TO THE 23
496496 ADMINISTRATION OF TH E PROGRAM. 24
497497
498498 (2) ON OR BEFORE JANUARY 1, 2027, AND EACH JANUARY 1 25
499499 THEREAFTER , THE COMMISSION SHALL REPO RT TO THE GOVERNOR AND , IN 26
500500 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 27
501501 ASSEMBLY ON THE INFORMATION COLL ECTED UNDER PARAGRAP H (1) OF THIS 28
502502 SUBSECTION. 29
503503
504504 SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect 30
505505 October 1, 2025. 31