Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | 5 | Underlining indicates amendments to bill. | |
6 | 6 | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | 7 | amendment. | |
8 | - | Italics indicate opposite chamber/conference committee amendments. | |
9 | 8 | *sb0381* | |
10 | 9 | ||
11 | 10 | SENATE BILL 381 | |
12 | - | R5 (5lr1591) | |
13 | - | ENROLLED BILL | |
14 | - | — Judicial Proceedings/Environment and Transportation — | |
15 | - | Introduced by Senator Love Senators Love, Folden, McCray, McKay, Smith, and | |
16 | - | Sydnor | |
17 | - | ||
18 | - | Read and Examined by Proofreaders: | |
19 | - | ||
20 | - | _______________________________________________ | |
21 | - | Proofreader. | |
22 | - | _______________________________________________ | |
23 | - | Proofreader. | |
24 | - | ||
25 | - | Sealed with the Great Seal and presented to the Governor, for his approval t his | |
26 | - | ||
27 | - | _______ day of _______________ at ________________________ o’clock, ________M. | |
28 | - | ||
29 | - | ______________________________________________ | |
30 | - | President. | |
11 | + | R5 5lr1591 | |
12 | + | CF HB 516 | |
13 | + | By: Senator Love Senators Love, Folden, McCray, McKay, Smith, and Sydnor | |
14 | + | Introduced and read first time: January 17, 2025 | |
15 | + | Assigned to: Judicial Proceedings | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted with floor amendments | |
18 | + | Read second time: February 7, 2025 | |
31 | 19 | ||
32 | 20 | CHAPTER ______ | |
33 | 21 | ||
34 | 22 | AN ACT concerning 1 | |
35 | 23 | ||
36 | 24 | Motor Vehicles – Automated Enforcement Programs – Privacy Protections 2 | |
37 | 25 | ||
38 | 26 | FOR the purpose of requiring a custodian of recorded images produced by certain 3 | |
39 | 27 | automated enforcement systems to deny inspection of the recorded images, subject 4 | |
40 | 28 | to certain exceptions; prohibiting certain State and local agencies from using a 5 | |
41 | 29 | recorded image or associated data produced by an automated enforcement system 6 | |
42 | 30 | without a warrant, subpoena, or court order unless the use is for an appropriate 7 | |
43 | 31 | traffic enforcement purpose;, subject to certain exceptions; establishing certain 8 | |
44 | 32 | requirements and authorizations for the removal and destruction of recorded images 9 | |
45 | 33 | and associated data produced by an automated enforcement system; establishing 10 | |
46 | 34 | certain prohibitions and requirements for privacy protection under automated 11 | |
47 | 35 | enforcement programs; and generally relating to privacy protections for automated 12 | |
48 | 36 | enforcement programs. 13 | |
49 | - | 2 SENATE BILL 381 | |
50 | 37 | ||
38 | + | BY repealing and reenacting, with amendments, 14 | |
39 | + | Article – General Provisions 15 | |
40 | + | Section 4–321 16 | |
41 | + | Annotated Code of Maryland 17 | |
42 | + | (2019 Replacement Volume and 2024 Supplement) 18 | |
51 | 43 | ||
52 | - | BY repealing and reenacting, with amendments, 1 | |
53 | - | Article – General Provisions 2 | |
54 | - | Section 4–321 3 | |
55 | - | Annotated Code of Maryland 4 | |
56 | - | (2019 Replacement Volume and 2024 Supplement) 5 | |
57 | - | ||
58 | - | BY adding to 6 | |
59 | - | Article – Transportation 7 | |
60 | - | Section 12–113.1 8 | |
61 | - | Annotated Code of Maryland 9 | |
62 | - | (2020 Replacement Volume and 2024 Supplement) 10 | |
63 | - | ||
64 | - | BY repealing and reenacting, without amendments, 11 | |
65 | - | Article – Transportation 12 | |
66 | - | Section 21–202.1(c), 21–704.1(b) and (e)(1), 21–706.1(c)(1), 21–707.1(c)(2), 13 | |
67 | - | 21–809(b)(1)(i), 21–810(b)(1), 21–1134(b)(1), 22–612(c)(1)(i), and 24–111.3(b) 14 | |
68 | - | and (c)(1) 15 | |
69 | - | Annotated Code of Maryland 16 | |
70 | - | (2020 Replacement Volume and 2024 Supplement) 17 | |
71 | - | ||
72 | - | BY repealing and reenacting, with amendments, 18 | |
73 | - | Article – Transportation 19 | |
74 | - | Section 21–202.1(j), 21–704.1(k), 21–706.1(k), 21–707.1(k), 21–809(i), 21–810(i), 20 | |
75 | - | 21–1134(k), 22–612(j), and 24–111.3(j) 21 | |
44 | + | BY adding to 19 | |
45 | + | Article – Transportation 20 | |
46 | + | Section 12–113.1 21 | |
76 | 47 | Annotated Code of Maryland 22 | |
77 | - | (2020 Replacement Volume and 2024 Supplement) 23 | |
78 | - | ||
79 | - | BY repealing and reenacting, with amendments, 24 | |
80 | - | Article – General Provisions 25 | |
81 | - | Section 4–321(b) and (c) 26 | |
82 | - | Annotated Code of Maryland 27 | |
83 | - | (2019 Replacement Volume and 2024 Supplement) 28 | |
84 | - | (As enacted by Section 1 of this Act) 29 | |
85 | - | ||
86 | - | BY repealing and reenacting, with amendments, 30 | |
87 | - | Article – Transportation 31 | |
88 | - | Section 12–113.1(b) 32 | |
89 | - | Annotated Code of Maryland 33 | |
90 | - | (2020 Replacement Volume and 2024 Supplement) 34 | |
91 | - | (As enacted by Section 1 of this Act) 35 | |
92 | - | ||
93 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36 | |
94 | - | That the Laws of Maryland read as follows: 37 | |
95 | - | ||
96 | - | Article – General Provisions 38 | |
97 | - | ||
98 | - | 4–321. 39 SENATE BILL 381 3 | |
48 | + | (2020 Replacement Volume and 2024 Supplement) 23 2 SENATE BILL 381 | |
99 | 49 | ||
100 | 50 | ||
101 | 51 | ||
102 | - | (a) In this section, “RECORDED IMAGE ” OR “recorded images” has the meaning 1 | |
103 | - | stated in § 21–202.1, § 21–706.1, § 21–809, § 21–810, § 21–1134, or § 24–111.3 of the 2 | |
104 | - | Transportation Article. 3 | |
52 | + | BY repealing and reenacting, without amendments, 1 | |
53 | + | Article – Transportation 2 | |
54 | + | Section 21–202.1(c), 21–704.1(b) and (e)(1), 21–706.1(c)(1), 21–707.1(c)(2), 3 | |
55 | + | 21–809(b)(1)(i), 21–810(b)(1), 21–1134(b)(1), 22–612(c)(1)(i), and 24–111.3(b) 4 | |
56 | + | and (c)(1) 5 | |
57 | + | Annotated Code of Maryland 6 | |
58 | + | (2020 Replacement Volume and 2024 Supplement) 7 | |
105 | 59 | ||
106 | - | (b) Except as provided in subsection (c) of this section, a custodian shall deny 4 | |
107 | - | inspection of recorded images produced by: 5 | |
60 | + | BY repealing and reenacting, with amendments, 8 | |
61 | + | Article – Transportation 9 | |
62 | + | Section 21–202.1(j), 21–704.1(k), 21–706.1(k), 21–707.1(k), 21–809(i), 21–810(i), 10 | |
63 | + | 21–1134(k), 22–612(j), and 24–111.3(j) 11 | |
64 | + | Annotated Code of Maryland 12 | |
65 | + | (2020 Replacement Volume and 2024 Supplement) 13 | |
108 | 66 | ||
109 | - | (1) a traffic control signal monitoring system operated under § 21–202.1 of 6 | |
110 | - | the Transportation Article; 7 | |
67 | + | BY repealing and reenacting, with amendments, 14 | |
68 | + | Article – General Provisions 15 | |
69 | + | Section 4–321(b) and (c) 16 | |
70 | + | Annotated Code of Maryland 17 | |
71 | + | (2019 Replacement Volume and 2024 Supplement) 18 | |
72 | + | (As enacted by Section 1 of this Act) 19 | |
111 | 73 | ||
112 | - | (2) AN AUTOMATED RAILROA D GRADE CR OSSING ENFORCEMENT 8 | |
113 | - | SYSTEM OPERATED UNDE R § 21–704.1 OF THE TRANSPORTATION ARTICLE; 9 | |
74 | + | BY repealing and reenacting, with amendments, 20 | |
75 | + | Article – Transportation 21 | |
76 | + | Section 12–113.1(b) 22 | |
77 | + | Annotated Code of Maryland 23 | |
78 | + | (2020 Replacement Volume and 2024 Supplement) 24 | |
79 | + | (As enacted by Section 1 of this Act) 25 | |
114 | 80 | ||
115 | - | | |
116 | - | ||
81 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 | |
82 | + | That the Laws of Maryland read as follows: 27 | |
117 | 83 | ||
118 | - | (4) A STOP SIGN MONITORI NG SYSTEM OPERATED U NDER § 21–707.1 12 | |
119 | - | OF THE TRANSPORTATION ARTICLE; 13 | |
84 | + | Article – General Provisions 28 | |
120 | 85 | ||
121 | - | [(2)] (5) a speed monitoring system operated under § 21–809 of the 14 | |
122 | - | Transportation Article; 15 | |
86 | + | 4–321. 29 | |
123 | 87 | ||
124 | - | [(3)] (6) a work zone speed control system operated under § 21–810 of the 16 | |
125 | - | Transportation Article; [or] 17 | |
88 | + | (a) In this section, “RECORDED IMAGE ” OR “recorded images” has the meaning 30 | |
89 | + | stated in § 21–202.1, § 21–706.1, § 21–809, § 21–810, § 21–1134, or § 24–111.3 of the 31 | |
90 | + | Transportation Article. 32 | |
126 | 91 | ||
127 | - | ( | |
128 | - | ||
92 | + | (b) Except as provided in subsection (c) of this section, a custodian shall deny 33 | |
93 | + | inspection of recorded images produced by: 34 | |
129 | 94 | ||
130 | - | (8) A NOISE ABATEMENT MO NITORING SYSTEM OPERATED UNDER § 20 | |
131 | - | 22–612 OF THE TRANSPORTATION ARTICLE; OR 21 | |
132 | - | ||
133 | - | [(4)] (9) a vehicle height monitoring system operated under § 24–111.3 of 22 | |
134 | - | the Transportation Article. 23 | |
135 | - | ||
136 | - | (c) A custodian shall allow inspection of recorded images: 24 | |
137 | - | ||
138 | - | (1) as required in § 12–113.1, § 21–202.1, § 21–704.1, § 21–706.1, § 25 | |
139 | - | 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the Transportation 26 | |
140 | - | Article; 27 | |
141 | - | ||
142 | - | (2) by any person issued a citation under § 21–202.1, § 21–704.1, § 28 | |
143 | - | 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the 29 | |
144 | - | Transportation Article, or by an attorney of record for the person; or 30 | |
145 | - | 4 SENATE BILL 381 | |
95 | + | (1) a traffic control signal monitoring system operated under § 21–202.1 of 35 | |
96 | + | the Transportation Article; 36 | |
97 | + | SENATE BILL 381 3 | |
146 | 98 | ||
147 | 99 | ||
148 | - | (3) by an employee or agent of an agency in an investigation or a proceeding 1 | |
149 | - | relating to the imposition of or indemnification from civil liability under § 2 | |
150 | - | 21–202.1, § 21–704.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, 3 | |
151 | - | or § 24–111.3 of the Transportation Article. 4 | |
100 | + | (2) AN AUTOMATED RAILROA D GRADE C ROSSING ENFORCEMENT 1 | |
101 | + | SYSTEM OPERATED UNDE R § 21–704.1 OF THE TRANSPORTATION ARTICLE; 2 | |
152 | 102 | ||
153 | - | Article – Transportation 5 | |
103 | + | (3) A SCHOOL BUS MONITOR ING CAMERA OPERATED UNDER § 3 | |
104 | + | 21–706.1 OF THE TRANSPORTATION ARTICLE; 4 | |
154 | 105 | ||
155 | - | 12–113.1. 6 | |
106 | + | (4) A STOP SIGN MONITORI NG SYSTEM OPERATED U NDER § 21–707.1 5 | |
107 | + | OF THE TRANSPORTATION ARTICLE; 6 | |
156 | 108 | ||
157 | - | ( | |
158 | - | ||
109 | + | [(2)] (5) a speed monitoring system operated under § 21–809 of the 7 | |
110 | + | Transportation Article; 8 | |
159 | 111 | ||
160 | - | (2) “AGENCY” MEANS A STATE POLICE DEPARTME NT, THE STATE 9 | |
161 | - | HIGHWAY ADMINISTRATION , A LOCAL POLICE DEPAR TMENT, OR ANOTHER LOCAL 10 | |
162 | - | AGENCY THAT IMPLEMEN TS AND OPERATES AN A UTOMATED ENFORCEMENT 11 | |
163 | - | PROGRAM. 12 | |
112 | + | [(3)] (6) a work zone speed control system operated under § 21–810 of the 9 | |
113 | + | Transportation Article; [or] 10 | |
164 | 114 | ||
165 | - | (3) “APPROPRIATE TRAFFIC E NFORCEMENT PURPOSE ” MEANS THE 13 | |
166 | - | DETECTION, INVESTIGATION , OR ANALYSIS OF, OR ASSESSMENT OR ADJ UDICATION 14 | |
167 | - | OF LIABILITY FOR, A VIOLATION. 15 | |
115 | + | (7) A BUS LANE MONITORIN G SYSTEM OPERATED UN DER § 11 | |
116 | + | 21–1134 OF THE TRANSPORTATION ARTICLE; 12 | |
168 | 117 | ||
169 | - | (4) “AUTOMATED ENFORCEMENT ” MEANS THE USE OF CAM ERAS, 16 | |
170 | - | MONITORING DEVICES , AND OTHER TECHNOLOGY BY AN AGENCY TO CAPT URE 17 | |
171 | - | RECORDED IMAGES OF A MOTOR VEHICLE BEING OPERATED IN VIOLATIO N OF A 18 | |
172 | - | TRAFFIC LAW. 19 | |
118 | + | (8) A NOISE ABATEMENT MO NITORING SYSTEM OPERATED UNDER § 13 | |
119 | + | 22–612 OF THE TRANSPORTATION ARTICLE; OR 14 | |
173 | 120 | ||
174 | - | (5) “FACIAL RECOGNITION TE CHNOLOGY” MEANS A BIOMETRIC 20 | |
175 | - | SOFTWARE APPLI CATION THAT IDENTIFI ES OR VERIFIES THE I DENTITY OF AN 21 | |
176 | - | INDIVIDUAL BY COMPAR ING AND ANALYZING PA TTERNS BASED ON AN I NDIVIDUAL’S 22 | |
177 | - | FACIAL CONTOURS . 23 | |
121 | + | [(4)] (9) a vehicle height monitoring system operated under § 24–111.3 of 15 | |
122 | + | the Transportation Article. 16 | |
178 | 123 | ||
179 | - | (6) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 24 | |
180 | - | 3–201 OF THE PUBLIC SAFETY ARTICLE. 25 | |
124 | + | (c) A custodian shall allow inspection of recorded images: 17 | |
181 | 125 | ||
182 | - | (6) (7) “PROGRAM” MEANS AN AUTOMATED E NFORCEMENT 26 | |
183 | - | PROGRAM IMPLEMENTED AND OPERATED BY AN A GENCY. 27 | |
126 | + | (1) as required in § 12–113.1, § 21–202.1, § 21–704.1, § 21–706.1, § 18 | |
127 | + | 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the Transportation 19 | |
128 | + | Article; 20 | |
184 | 129 | ||
185 | - | ( | |
186 | - | ||
187 | - | ||
130 | + | (2) by any person issued a citation under § 21–202.1, § 21–704.1, § 21 | |
131 | + | 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the 22 | |
132 | + | Transportation Article, or by an attorney of record for the person; or 23 | |
188 | 133 | ||
189 | - | (I) SHOWS A MOTOR VEHICLE ; 31 | |
190 | - | SENATE BILL 381 5 | |
134 | + | (3) by an employee or agent of an agency in an investigation or a proceeding 24 | |
135 | + | relating to the imposition of or indemnification from civil liability under § 25 | |
136 | + | 21–202.1, § 21–704.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, 26 | |
137 | + | or § 24–111.3 of the Transportation Article. 27 | |
191 | 138 | ||
139 | + | Article – Transportation 28 | |
192 | 140 | ||
193 | - | (II) CLEARLY IDENTIFIES TH E ENTIRE REGISTRATIO N PLATE 1 | |
194 | - | NUMBER OF THE MOTOR VEHICLE; AND 2 | |
141 | + | 12–113.1. 29 | |
195 | 142 | ||
196 | - | (III) MAY CONSTITUTE EVIDEN CE OF A VIOLATION . 3 | |
197 | - | ||
198 | - | (8) (9) “VIOLATION” MEANS A TRAFFIC VIOL ATION THAT A 4 | |
199 | - | PARTICULA R AUTOMATED ENFORCEM ENT SYSTEM IS INTEND ED TO CAPTURE . 5 | |
200 | - | ||
201 | - | (B) THIS SECTION APPLIES TO: 6 | |
202 | - | ||
203 | - | (1) TRAFFIC CONTROL SIGNA L MONITORING SYSTEMS UNDER § 7 | |
204 | - | 21–202.1 OF THIS ARTICLE; 8 | |
205 | - | ||
206 | - | (2) AUTOMATED RAILROAD GR ADE CROSSING ENFORCE MENT 9 | |
207 | - | SYSTEMS UNDER § 21–704.1 OF THIS ARTICLE; 10 | |
208 | - | ||
209 | - | (3) SCHOOL BUS MONITORING CAMERAS UNDER § 21–706.1 OF THIS 11 | |
210 | - | ARTICLE; 12 | |
211 | - | ||
212 | - | (4) STOP SIGN MONITORING SYSTEMS UNDER § 21–707.1 OF THIS 13 | |
213 | - | ARTICLE; 14 | |
214 | - | ||
215 | - | (5) SPEED MONITORING SYST EMS UNDER § 21–809 OF THIS ARTICLE; 15 | |
216 | - | ||
217 | - | (6) WORK ZONE SPEED CONTR OL SYSTEMS UNDER § 21–810 OF THIS 16 | |
218 | - | ARTICLE; 17 | |
219 | - | ||
220 | - | (7) BUS LANE MONITORING S YSTEMS UNDER § 21–1134 OF THIS 18 | |
221 | - | ARTICLE; 19 | |
222 | - | ||
223 | - | (8) NOISE ABATEMENT MONIT ORING SYSTEMS UNDER § 22–612 OF 20 | |
224 | - | THIS ARTICLE; 21 | |
225 | - | ||
226 | - | (9) VEHICLE HEIGHT MONITO RING SYSTEMS UNDER § 24–111.3 OF 22 | |
227 | - | THIS ARTICLE; AND 23 | |
228 | - | ||
229 | - | (10) ANY OTHER AUTOMATED T RAFFIC ENFORCEMENT S YSTEM 24 | |
230 | - | AUTHORIZED UNDER STATE LAW. 25 | |
231 | - | ||
232 | - | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 26 | |
233 | - | SUBSECTION, AN AGENCY MAY NOT ACCES S OR USE A RECORDED IMAGE OR 27 | |
234 | - | ASSOCIATED DATA WITHOUT A WARRANT , SUBPOENA, OR COURT ORDER UNLESS 28 | |
235 | - | THE ACCESS OR USE IS FOR AN APPROP RIATE TRAFFIC ENFORCEMENT PURPOSE. 29 | |
236 | - | 6 SENATE BILL 381 | |
237 | - | ||
238 | - | ||
239 | - | (2) AN AGENCY MAY ACCESS AND USE A RECORDED I MAGE AND 1 | |
240 | - | ASSOCIATED DATA WITH OUT A WARRANT , SUBPOENA, OR COURT ORDER IN EX IGENT 2 | |
241 | - | CIRCUMSTANCES . 3 | |
242 | - | ||
243 | - | (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 4 | |
244 | - | LAW ENFORCEMENT AGEN CY MAY ACCESS AND US E A RECORDED IMAGE O R 5 | |
245 | - | ASSOCIATED DATA ALRE ADY RETAINED BY THE LAW ENFORCEMENT AGEN CY IF: 6 | |
246 | - | ||
247 | - | 1. THE LAW ENFORCEMENT A GENCY DOCUMENTS A 7 | |
248 | - | REQUEST TO ACCESS AND USE THE RECORDED IMAGE O R ASSOCIATED DATA TH AT 8 | |
249 | - | ARTICULATES A SPECIF IC LEGITIMATE LAW EN FORCEMENT PURPOSE FO R 9 | |
250 | - | ACCESSING AND USING THE RECORDED IMAGE O R ASSOCIATED DATA ; AND 10 | |
251 | - | ||
252 | - | 2. THE CUSTODIAN OF THE RECORDED IMAGE OR 11 | |
253 | - | ASSOCIATED DATA MAIN TAINS A WRITTEN RECOR D OF THE REQUEST AND WHETHER 12 | |
254 | - | OR NOT THE REQUEST W AS GRANTED. 13 | |
255 | - | ||
256 | - | (II) A LAW ENFORCEMENT AGEN CY THAT ACCESSES A 14 | |
257 | - | RECORDED IMAGE OR AS SOCIATED DATA UNDER THIS PARAGRAPH MAY U SE THE 15 | |
258 | - | RECORDED IMAGE OR AS SOCIATED DATA ONLY F OR THE LEGITIMATE LAW 16 | |
259 | - | ENFORCEMENT PURPOSE DESCRIBED IN THE REQ UEST REQUIRED BY 17 | |
260 | - | SUBPARAGRAPH (I)1 OF THIS PARAGRAPH . 18 | |
261 | - | ||
262 | - | (3) AN EMPLOYEE OR A CONT RACTOR OF AN AGENCY MAY ACCESS 19 | |
263 | - | AND USE A RECORDED I MAGE AND ASSOCIATED DATA: 20 | |
264 | - | ||
265 | - | (I) TO ADMINISTER AND PROCE SS CITATIONS OR TO AUDIT OR 21 | |
266 | - | EVALUATE THE ACCURAC Y OF THE AUTOMATED E NFORCEMENT SYSTEM ; AND 22 | |
267 | - | ||
268 | - | (II) IN A MANNER CONSISTEN T WITH SUBSECTION (D) OF THIS 23 | |
269 | - | SECTION. 24 | |
270 | - | ||
271 | - | (4) AN AGENCY THAT KNOWIN GLY VIOLATES THIS SU BSECTION IS 25 | |
272 | - | SUBJECT TO A FINE NO T EXCEEDING $1,000 FOR EACH VIOLATI ON. 26 | |
273 | - | ||
274 | - | (D) (1) AN AGENCY SHALL IMMED IATELY REMOVE FROM I TS RECORDS 27 | |
275 | - | AND DESTROY ANY RECO RDED IMAGE OR ASSOCI ATED DATA CAPTURED U NDER A 28 | |
276 | - | PROGRAM THAT DOES NO T CONSTITUTE EVIDENC E OF A VIOLATION. 29 | |
277 | - | ||
278 | - | (2) A RECORDED IMAGE OR AS SOCIATED DATA CAPTUR ED UNDER A 30 | |
279 | - | PROGRAM THAT CONSTIT UTES EVIDENCE OF A V IOLATION MAY BE RETA INED ONLY 31 | |
280 | - | FOR UP TO 6 MONTHS OR UNTIL THE CONCLUSION OF ANY CR IMINAL INVESTIGATION 32 | |
281 | - | OR CRIMINAL OR CIVIL COURT ACTION INVOLVI NG THE RECORDED IMAG E OR 33 | |
282 | - | ASSOCIATED DATA UNTIL THE EARLIER OF : 34 SENATE BILL 381 7 | |
143 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30 | |
144 | + | INDICATED. 31 4 SENATE BILL 381 | |
283 | 145 | ||
284 | 146 | ||
285 | 147 | ||
286 | - | (I) 1 YEAR FOLLOWING THE C ONCLUSION OF ANY CRI MINAL 1 | |
287 | - | INVESTIGATION OR THE EXHAUSTION OF ALL TH E AVENUES OF ADJUDIC ATION FOR 2 | |
288 | - | THE VIOLATION; OR 3 | |
148 | + | (2) “AGENCY” MEANS A STATE POLICE DEPARTME NT, THE STATE 1 | |
149 | + | HIGHWAY ADMINISTRATION , A LOCAL POLICE DEPAR TMENT, OR ANOTHER LOCAL 2 | |
150 | + | AGENCY THAT IMPLEMEN TS AND OPERATES AN A UTOMATED ENFORCEMENT 3 | |
151 | + | PROGRAM. 4 | |
289 | 152 | ||
290 | - | (II) 5 YEARS AFTER THE DAY ON WHICH THE RECORDE D IMAGE 4 | |
291 | - | OR ASSOCIATED DATA W AS CAPTURED. 5 | |
153 | + | (3) “APPROPRIATE TRAFFIC E NFORCEMENT PURPOSE ” MEANS THE 5 | |
154 | + | DETECTION, INVESTIGATION , OR ANALYSIS OF, OR ASSESSMENT OR ADJ UDICATION 6 | |
155 | + | OF LIABILITY FOR, A VIOLATION. 7 | |
292 | 156 | ||
293 | - | ( | |
294 | - | ||
295 | - | ||
296 | - | ||
157 | + | (4) “AUTOMATED ENFORCEMENT ” MEANS THE USE OF CAM ERAS, 8 | |
158 | + | MONITORING DEVICES , AND OTHER TECHNOLOGY BY AN AGENCY TO CAPT URE 9 | |
159 | + | RECORDED IMAGES OF A MOTOR VEHICLE BEING OPERATED IN VIOLATIO N OF A 10 | |
160 | + | TRAFFIC LAW. 11 | |
297 | 161 | ||
298 | - | (E) (1) AN AGENCY THAT IMPLEM ENTS AND OPERATES A PROGRAM 10 | |
299 | - | SHALL ADOPT PROCEDUR ES RELATING TO THE OPER ATION OF THE PROGRAM AND 11 | |
300 | - | THE USE OF AUTOMATED ENFORCEMENT SYSTEMS . 12 | |
162 | + | (5) “FACIAL RECOGNITION TE CHNOLOGY” MEANS A BIOMETRIC 12 | |
163 | + | SOFTWARE APPLICATION THAT IDENTIFIES OR V ERIFIES THE IDENTITY OF AN 13 | |
164 | + | INDIVIDUAL BY COMPAR ING AND ANALYZING PA TTERNS BASED ON AN I NDIVIDUAL’S 14 | |
165 | + | FACIAL CONTOURS . 15 | |
301 | 166 | ||
302 | - | (2) THE PROCEDURES SHALL : 13 | |
167 | + | (6) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 16 | |
168 | + | 3–201 OF THE PUBLIC SAFETY ARTICLE. 17 | |
303 | 169 | ||
304 | - | (I) IDENTIFY THE EMPLOYEE CLASSIFICATIONS IN T HE 14 | |
305 | - | AGENCY THAT HAVE AUT HORIZATION TO ACCESS OR USE RECORDED IMAGES AND 15 | |
306 | - | ASSOCIATED DATA PR ODUCED BY AN AUTOMAT ED ENFORCEMENT SYSTE M; 16 | |
170 | + | (6) (7) “PROGRAM” MEANS AN AUTOMATED E NFORCEMENT 18 | |
171 | + | PROGRAM IMPLEMENTED AND OPERATED BY AN A GENCY. 19 | |
307 | 172 | ||
308 | - | (II) ESTABLISH AN AUDIT PR OCESS TO ENSURE THAT 17 | |
309 | - | INFORMATION OBTAINED THROUGH THE USE OF A N AUTOMATED ENFORCEM ENT 18 | |
310 | - | SYSTEM IS USED ONLY FOR APPROPRIATE TRAF FIC ENFORCEMENT PURP OSES AS 19 | |
311 | - | AUTHORIZED IN THIS S ECTION; 20 | |
173 | + | (7) (8) “RECORDED IMAGE OR ASS OCIATED DATA ” MEANS ANY 20 | |
174 | + | IMAGE OR DATA RECORD ED UNDER A PROGRAM B Y ELECTRONIC OR DIGI TAL MEANS, 21 | |
175 | + | BY PHOTOGRAPHIC MEAN S, OR BY WAY OF ANY OTHER MEDI UM THAT: 22 | |
312 | 176 | ||
313 | - | (III) ESTABLISH PROCEDURES AND SAFEGUARDS TO EN SURE 21 | |
314 | - | THAT AGENCY PERSONNE L WITH ACCESS TO REC ORDED IMAGES AND ASS OCIATED 22 | |
315 | - | DATA ARE ADEQUATELY SCREENED AND TRAINED ; 23 | |
177 | + | (I) SHOWS A MOTOR VEHICLE ; 23 | |
316 | 178 | ||
317 | - | (IV) ESTABLISH PROCEDURES AND SAFEGUARDS FOR T HE 24 | |
318 | - | SECURE STORAGE OF TH E RECORDED IMAGES AND ASSOCIATED DATA BEFORE THE 25 | |
319 | - | IMAGES AND DATA ARE REMOVED AND DESTROYE D; AND 26 | |
179 | + | (II) CLEARLY IDENTIFIES TH E ENTIRE REGISTRATIO N PLATE 24 | |
180 | + | NUMBER OF THE MOTOR VEHICLE; AND 25 | |
320 | 181 | ||
321 | - | (V) ESTABLISH PROCEDURES FOR THE REMOVAL AND 27 | |
322 | - | DESTRUCTION OF RECOR DED IMAGES AND ASSOC IATED DATA. 28 | |
182 | + | (III) MAY CONSTITUTE EVIDEN CE OF A VIOLATION . 26 | |
323 | 183 | ||
324 | - | (F) (1) RECORDED IMAGES AND A SSOCIATED DATA SHALL BE STORED 29 | |
325 | - | USING SOFTWARE THAT IS INDEPENDENT FROM AND INACCESSIBL E TO OTHER 30 | |
326 | - | SYSTEMS AND NETWORKS . 31 | |
327 | - | 8 SENATE BILL 381 | |
184 | + | (8) (9) “VIOLATION” MEANS A TRAFFIC VIOL ATION THAT A 27 | |
185 | + | PARTICULAR AUTOMATED ENFORCEMENT SYSTEM I S INTENDED TO CAPTUR E. 28 | |
186 | + | ||
187 | + | (B) THIS SECTION APPLIES TO: 29 | |
188 | + | ||
189 | + | (1) TRAFFIC CONTROL SIGNA L MONITORING SYSTEMS UNDER § 30 | |
190 | + | 21–202.1 OF THIS ARTICLE; 31 SENATE BILL 381 5 | |
328 | 191 | ||
329 | 192 | ||
330 | - | (2) AN AUTOMATED ENFORCEM ENT SYSTEM SHALL BE SITUATED AND 1 | |
331 | - | FOCUSED IN A MANNER THAT: 2 | |
332 | 193 | ||
333 | - | ( | |
334 | - | ||
194 | + | (2) AUTOMATED RAILROAD GR ADE CROSSING ENFORCE MENT 1 | |
195 | + | SYSTEMS UNDER § 21–704.1 OF THIS ARTICLE; 2 | |
335 | 196 | ||
336 | - | (II) TO THE MAXIMUM EXTENT POSSIBLE , DOES NOT CAPTURE 5 | |
337 | - | IDENTIFYING IMAGES O F THE DRIVER , OTHER DRIVERS OR VEH ICLES, OR 6 | |
338 | - | PEDESTRIANS . 7 | |
197 | + | (3) SCHOOL BUS MONITORING CAMERAS UNDER § 21–706.1 OF THIS 3 | |
198 | + | ARTICLE; 4 | |
339 | 199 | ||
340 | - | (3) AN AUTOMATED ENFORCEM ENT SYSTEM MAY NOT U SE 8 | |
341 | - | BIOMETRIC IDENTIFYIN G TECHNOLOGY , INCLUDING FACIAL REC OGNITION 9 | |
342 | - | TECHNOLOGY . 10 | |
200 | + | (4) STOP SIGN MONITORING SYSTEMS UNDER § 21–707.1 OF THIS 5 | |
201 | + | ARTICLE; 6 | |
343 | 202 | ||
344 | - | (4) (I) AN AGENCY OR A CONTRACTOR OF AN AGENCY MAY NOT 11 | |
345 | - | SELL OR OTHERWISE TR ANSFER OR SHARE RECO RDED IMAGES AND ASSO CIATED 12 | |
346 | - | DATA WITH ANOTHER PE RSON OTHER THAN : 13 | |
203 | + | (5) SPEED MONITORING SYST EMS UNDER § 21–809 OF THIS ARTICLE; 7 | |
347 | 204 | ||
348 | - | | |
349 | - | ||
205 | + | (6) WORK ZONE SPEED CONTR OL SYSTEMS UNDER § 21–810 OF THIS 8 | |
206 | + | ARTICLE; 9 | |
350 | 207 | ||
351 | - | | |
352 | - | ||
208 | + | (7) BUS LANE MONITORING S YSTEMS UNDER § 21–1134 OF THIS 10 | |
209 | + | ARTICLE; 11 | |
353 | 210 | ||
354 | - | 3. ANOTHER LAW ENFORCEME NT AGENCY FOR USE 18 | |
355 | - | ONLY IN AN ONGOING I NVESTIGATION :, AFTER THE OTHER LAW ENFORCEMENT 19 | |
356 | - | AGENCY HAS OBTAINED AN APPROPRIATE WARRA NT, SUBPOENA, OR COURT ORDER . 20 | |
211 | + | (8) NOISE ABATEMENT MONIT ORING SYSTEMS UNDER § 22–612 OF 12 | |
212 | + | THIS ARTICLE; 13 | |
357 | 213 | ||
358 | - | | |
359 | - | ||
214 | + | (9) VEHICLE HEIGHT MONITO RING SYSTEMS UNDER § 24–111.3 OF 14 | |
215 | + | THIS ARTICLE; AND 15 | |
360 | 216 | ||
361 | - | B. IN EXIGENT CIRCUMSTAN CES. 23 | |
217 | + | (10) ANY OTHER AUTOMATED T RAFFIC ENFORCEMENT S YSTEM 16 | |
218 | + | AUTHORIZED UNDER STATE LAW. 17 | |
362 | 219 | ||
363 | - | (II) A LAW ENFORCEMENT AGEN CY THAT RECEIVES REC ORDED 24 | |
364 | - | IMAGES OR ASSOCIATED DATA UNDER SUBPARAGR APH (I)3 OF THIS PARAGRAPH IS 25 | |
365 | - | SUBJECT TO THE PROHI BITIONS AND REQUIREM ENTS OF THIS SECTION . 26 | |
220 | + | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 18 | |
221 | + | SUBSECTION, AN AGENCY MAY NOT ACCES S OR USE A RECORDED IMAGE OR 19 | |
222 | + | ASSOCIATED DATA WITHOUT A WARRANT , SUBPOENA, OR COURT ORDER UNLESS 20 | |
223 | + | THE ACCESS OR USE IS FOR AN APPROP RIATE TRAFFIC ENFORCEMENT PURPOSE. 21 | |
366 | 224 | ||
367 | - | 21–202.1. 27 | |
225 | + | (2) AN AGENCY MAY ACCESS AND USE A RECORDED I MAGE AND 22 | |
226 | + | ASSOCIATED DATA WITH OUT A WARRANT , SUBPOENA, OR COURT ORDER IN EX IGENT 23 | |
227 | + | CIRCUMSTANCES. 24 | |
368 | 228 | ||
369 | - | (c) This section applies to a violation of § 21–202(h) of this subtitle at an 28 | |
370 | - | intersection monitored by a traffic control signal monitoring system. 29 | |
371 | - | SENATE BILL 381 9 | |
229 | + | (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 25 | |
230 | + | LAW ENFORCEMENT AGEN CY MAY ACCESS AND US E A RECORDED IMAGE O R 26 | |
231 | + | ASSOCIATED DATA ALRE ADY RETAINED BY THE LAW ENFORCEMENT AGEN CY IF: 27 | |
232 | + | ||
233 | + | 1. THE LAW ENFORCEMENT A GENCY DOCUMENTS A 28 | |
234 | + | REQUEST TO ACCESS AND USE THE R ECORDED IMAGE OR ASS OCIATED DATA THAT 29 | |
235 | + | ARTICULATES A SPECIF IC LEGITIMATE LAW EN FORCEMENT PURPOSE FO R 30 | |
236 | + | ACCESSING AND USING THE RECORDED IMAGE O R ASSOCIATED DATA ; AND 31 6 SENATE BILL 381 | |
372 | 237 | ||
373 | 238 | ||
374 | - | (j) (1) In consultation with local governments, the chief judge of the District 1 | |
375 | - | Court shall adopt procedures for the issuance of citations, the trial of civil violations, and 2 | |
376 | - | the collection of civil penalties under this section. 3 | |
239 | + | ||
240 | + | 2. THE CUSTODIAN OF THE RECORDED IMAGE OR 1 | |
241 | + | ASSOCIATED DATA MAIN TAINS A WRITTEN RECORD OF THE REQUEST AND WHET HER 2 | |
242 | + | OR NOT THE REQUEST W AS GRANTED. 3 | |
243 | + | ||
244 | + | (II) A LAW ENFORCEMENT AGEN CY THAT ACCESSES A 4 | |
245 | + | RECORDED IMAGE OR AS SOCIATED DATA UNDER THIS PARAGRAPH MAY U SE THE 5 | |
246 | + | RECORDED IMAGE OR AS SOCIATED DATA ONLY F OR THE LEGITIMATE LA W 6 | |
247 | + | ENFORCEMENT PURPOSE D ESCRIBED IN THE REQU EST REQUIRED BY 7 | |
248 | + | SUBPARAGRAPH (I)1 OF THIS PARAGRAPH . 8 | |
249 | + | ||
250 | + | (3) AN EMPLOYEE OR A CONT RACTOR OF AN AGENCY MAY ACCESS 9 | |
251 | + | AND USE A RECORDED I MAGE AND ASSOCIATED DATA: 10 | |
252 | + | ||
253 | + | (I) TO AUDIT OR EVALUATE THE ACCURACY OF THE 11 | |
254 | + | AUTOMATE D ENFORCEMENT SYSTEM ; AND 12 | |
255 | + | ||
256 | + | (II) IN A MANNER CONSISTEN T WITH SUBSECTION (D) OF THIS 13 | |
257 | + | SECTION. 14 | |
258 | + | ||
259 | + | (4) AN AGENCY THAT KNOWIN GLY VIOLATES THIS SU BSECTION IS 15 | |
260 | + | SUBJECT TO A FINE NO T EXCEEDING $1,000 FOR EACH VIOLATION . 16 | |
261 | + | ||
262 | + | (D) (1) AN AGENCY SHALL IMMED IATELY REMOVE FROM ITS RECO RDS 17 | |
263 | + | AND DESTROY ANY RECO RDED IMAGE OR ASSOCI ATED DATA CAPTURED U NDER A 18 | |
264 | + | PROGRAM THAT DOES NO T CONSTITUTE EVIDENC E OF A VIOLATION. 19 | |
265 | + | ||
266 | + | (2) A RECORDED IMAGE OR AS SOCIATED DATA CAPTUR ED UNDER A 20 | |
267 | + | PROGRAM THAT CONSTIT UTES EVIDENCE OF A V IOLATION MAY BE RETAINED ON LY 21 | |
268 | + | FOR UP TO 6 MONTHS OR UNTIL THE CONCLUSION OF ANY CR IMINAL INVESTIGATION 22 | |
269 | + | OR CRIMINAL OR CIVIL COURT ACTION INVOLVI NG THE RECORDED IMAG E OR 23 | |
270 | + | ASSOCIATED DATA UNTIL THE EARLIER OF : 24 | |
271 | + | ||
272 | + | (I) 1 YEAR FOLLOWING THE C ONCLUSION OF ANY CRI MINAL 25 | |
273 | + | INVESTIGATION OR THE EXHAUSTION OF ALL TH E AVENUES OF ADJUDIC ATION FOR 26 | |
274 | + | THE VIOLATION; OR 27 | |
275 | + | ||
276 | + | (II) 5 YEARS AFTER THE DAY ON WHICH THE RECORDE D IMAGE 28 | |
277 | + | OR ASSOCIATED DATA W AS CAPTURED. 29 | |
278 | + | ||
279 | + | (3) BEFORE AN AGENCY REMO VES AND DESTROYS A R ECORDED 30 | |
280 | + | IMAGE OR ASSOCIATE D DATA, THE AGENCY MAY DISAG GREGATE THE DATA FOR 31 | |
281 | + | ANALYSIS PURPOSES IN A MANNER THAT DOES N OT IDENTIFY ANY INDI VIDUAL OR 32 | |
282 | + | VEHICLE. 33 SENATE BILL 381 7 | |
283 | + | ||
284 | + | ||
285 | + | ||
286 | + | (E) (1) AN AGENCY THAT IMPLEM ENTS AND OPERATES A PROGRAM 1 | |
287 | + | SHALL ADOPT PROCEDUR ES RELATING TO THE O PERATION OF THE PROG RAM AND 2 | |
288 | + | THE USE OF AUTOMATED ENFORCEMENT SYSTEMS . 3 | |
289 | + | ||
290 | + | (2) THE PROCEDURES SHALL : 4 | |
291 | + | ||
292 | + | (I) IDENTIFY THE EMPLOYEE CLASSIFICATIONS IN T HE 5 | |
293 | + | AGENCY THAT HAVE AUT HORIZATION TO ACCESS OR USE RECORDED IMAGES AND 6 | |
294 | + | ASSOCIATED DATA PROD UCED BY AN AUTOMATED ENFORCEMENT SYSTEM ; 7 | |
295 | + | ||
296 | + | (II) ESTABLISH AN AUDIT PR OCESS TO ENSURE THAT 8 | |
297 | + | INFORMATION OBTAINED THROUGH THE USE OF A N AUTOMATED ENFORCEM ENT 9 | |
298 | + | SYSTEM IS USED ONLY FOR APPROPRIATE TRAF FIC ENFORCEMENT PURP OSES AS 10 | |
299 | + | AUTHORIZED IN THIS S ECTION; 11 | |
300 | + | ||
301 | + | (III) ESTABLISH PROCEDURES AND SAFEGUARDS T O ENSURE 12 | |
302 | + | THAT AGENCY PERSONNE L WITH ACCESS TO REC ORDED IMAGES AND ASS OCIATED 13 | |
303 | + | DATA ARE ADEQUATELY SCREENED AND TRAINED ; 14 | |
304 | + | ||
305 | + | (IV) ESTABLISH PROCEDURES AND SAFEGUARDS FOR T HE 15 | |
306 | + | SECURE STORAGE OF TH E RECORDED IMAGES AN D ASSOCIATED DATA BE FORE THE 16 | |
307 | + | IMAGES AND DATA ARE REMOVED AND DEST ROYED; AND 17 | |
308 | + | ||
309 | + | (V) ESTABLISH PROCEDURES FOR THE REMOVAL AND 18 | |
310 | + | DESTRUCTION OF RECOR DED IMAGES AND ASSOC IATED DATA. 19 | |
311 | + | ||
312 | + | (F) (1) RECORDED IMAGES AND A SSOCIATED DATA SHALL BE STORED 20 | |
313 | + | USING SOFTWARE THAT IS INDEPENDENT FROM AND INACCESSIBLE TO OTHER 21 | |
314 | + | SYSTEMS AND NETWORKS . 22 | |
315 | + | ||
316 | + | (2) AN AUTOMATED ENFORCEM ENT SYSTEM SHALL BE SITUATED AND 23 | |
317 | + | FOCUSED IN A MANNER THAT: 24 | |
318 | + | ||
319 | + | (I) CAPTURES RECORDED IMA GES AND ASSOCIATED D ATA OF 25 | |
320 | + | VIOLATIONS; AND 26 | |
321 | + | ||
322 | + | (II) TO THE MAXIMUM EXTENT POSSIBLE, DOES NOT CAPTURE 27 | |
323 | + | IDENTIFYING IMAGES OF THE DRIVER , OTHER DRIVERS OR VEH ICLES, OR 28 | |
324 | + | PEDESTRIANS . 29 | |
325 | + | ||
326 | + | (3) AN AUTOMATED ENFORCEM ENT SYSTEM MAY NOT U SE 30 | |
327 | + | BIOMETRIC IDENTIFYIN G TECHNOLOGY , INCLUDING FACIAL REC OGNITION 31 | |
328 | + | TECHNOLOGY . 32 8 SENATE BILL 381 | |
329 | + | ||
330 | + | ||
331 | + | ||
332 | + | (4) (I) AN AGENCY OR A CONTRA CTOR OF AN AGENCY MA Y NOT 1 | |
333 | + | SELL OR OTHERWISE TRANSFER OR SHARE RECORDED IM AGES AND ASSOCIATED 2 | |
334 | + | DATA WITH ANOTHER PE RSON OTHER THAN : 3 | |
335 | + | ||
336 | + | 1. A PERSON ALLEGED TO BE LIABLE FOR A CIVIL 4 | |
337 | + | VIOLATION RECORDED B Y AN AUTOMATED ENFOR CEMENT SYSTEM ; 5 | |
338 | + | ||
339 | + | 2. A COURT OF COMPETENT J URISDICTION WHEN 6 | |
340 | + | ADJUDICATING LIABILITY; OR 7 | |
341 | + | ||
342 | + | 3. ANOTHER LAW ENFORCEME NT AGENCY FOR USE 8 | |
343 | + | ONLY IN AN ONGOING I NVESTIGATION :, AFTER THE OTHER LAW ENFORCEMENT 9 | |
344 | + | AGENCY HAS OBTAINED AN APPROPRIATE WARRA NT, SUBPOENA, OR COURT ORDER . 10 | |
345 | + | ||
346 | + | A. AFTER THE OTHER LAW E NFORCEMENT AGENCY HA S 11 | |
347 | + | OBTAINED AN APPROPRI ATE WARRANT , SUBPOENA, OR COURT ORDER ; OR 12 | |
348 | + | ||
349 | + | B. IN EXIGENT CIRCUMSTAN CES. 13 | |
350 | + | ||
351 | + | (II) A LAW ENFORCEMENT AGEN CY THAT RECEIVES REC ORDED 14 | |
352 | + | IMAGES OR ASSOCIATED DATA UNDER SUBPARAGR APH (I)3 OF THIS PARAGRAPH IS 15 | |
353 | + | SUBJECT TO THE PROHI BITIONS AND REQUIREMENTS OF THIS SECTION. 16 | |
354 | + | ||
355 | + | 21–202.1. 17 | |
356 | + | ||
357 | + | (c) This section applies to a violation of § 21–202(h) of this subtitle at an 18 | |
358 | + | intersection monitored by a traffic control signal monitoring system. 19 | |
359 | + | ||
360 | + | (j) (1) In consultation with local governments, the chief judge of the District 20 | |
361 | + | Court shall adopt procedures for the issuance of citations, the trial of civil violations, and 21 | |
362 | + | the collection of civil penalties under this section. 22 | |
363 | + | ||
364 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 23 | |
365 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSOCIATED DATA 24 | |
366 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 25 | |
367 | + | UNDER THIS SECTION . 26 | |
368 | + | ||
369 | + | 21–704.1. 27 | |
370 | + | ||
371 | + | (b) This section applies only in Montgomery County and Prince George’s County. 28 | |
372 | + | ||
373 | + | (e) (1) Unless the driver of the motor vehicle received a citation from a police 29 | |
374 | + | officer at the time of the violation, the owner or, in accordance with subsection (h)(5) of this 30 | |
375 | + | section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 31 SENATE BILL 381 9 | |
376 | + | ||
377 | + | ||
378 | + | recorded by an automated railroad grade crossing enforcement system during the 1 | |
379 | + | commission of a violation. 2 | |
380 | + | ||
381 | + | (k) (1) In consultation with local law enforcement agencies in Montgomery 3 | |
382 | + | County and Prince George’s County, the Chief Judge of the District Court shall adopt 4 | |
383 | + | procedures for the issuance of citations, the trial of violations, and the collection of civil 5 | |
384 | + | penalties under this section. 6 | |
385 | + | ||
386 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 7 | |
387 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 8 | |
388 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPLY TO CIT ATIONS ISSUED 9 | |
389 | + | UNDER THIS SECTION . 10 | |
390 | + | ||
391 | + | 21–706.1. 11 | |
392 | + | ||
393 | + | (c) (1) A school bus monitoring camera may not be used in a local jurisdiction 12 | |
394 | + | under this section unless its use is authorized by the governing body of the local jurisdiction 13 | |
395 | + | by local law enacted after reasonable notice and a public hearing. 14 | |
396 | + | ||
397 | + | (k) (1) In consultation with law enforcement agencies, the Chief Judge of the 15 | |
398 | + | District Court shall adopt procedures for the issuance of citations, trials for violations, and 16 | |
399 | + | the collection of civil penalties imposed under this section. 17 | |
400 | + | ||
401 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 18 | |
402 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 19 | |
403 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 20 | |
404 | + | UNDER THIS SECTION . 21 | |
405 | + | ||
406 | + | 21–707.1. 22 | |
407 | + | ||
408 | + | (c) (2) A stop sign monitoring system: 23 | |
409 | + | ||
410 | + | (i) May not be used in a local jurisdiction under this section unless 24 | |
411 | + | its use is authorized by the governing body of the local jurisdiction by local law enacted 25 | |
412 | + | after reasonable notice and a public hearing; and 26 | |
413 | + | ||
414 | + | (ii) May only be used at a location approved by the Prince George’s 27 | |
415 | + | County Council. 28 | |
416 | + | ||
417 | + | (k) (1) In consultation with law enforcement agencies, the Chief Judge of the 29 | |
418 | + | District Court shall adopt procedures for the issuance of citations, trials for violations, and 30 | |
419 | + | the collection of civil penalties imposed under this section. 31 | |
420 | + | ||
421 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 32 | |
422 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 33 10 SENATE BILL 381 | |
423 | + | ||
424 | + | ||
425 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 1 | |
426 | + | UNDER THIS SECTION . 2 | |
427 | + | ||
428 | + | 21–809. 3 | |
429 | + | ||
430 | + | (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 4 | |
431 | + | under this section unless its use is authorized by the governing body of the local jurisdiction 5 | |
432 | + | by local law enacted after reasonable notice and a public hearing. 6 | |
433 | + | ||
434 | + | (i) (1) In consultation with the appropriate local government agencies, the 7 | |
435 | + | Chief Judge of the District Court shall adopt procedures for the issuance of citations, the 8 | |
436 | + | trial of civil violations, and the collection of civil penalties under this section. 9 | |
437 | + | ||
438 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 10 | |
439 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 11 | |
440 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 12 | |
441 | + | UNDER THIS SECTION . 13 | |
442 | + | ||
443 | + | 21–810. 14 | |
444 | + | ||
445 | + | (b) (1) A work zone speed control system that meets the requirements of this 15 | |
446 | + | subsection may be used to record the images of motor vehicles traveling on a highway: 16 | |
447 | + | ||
448 | + | (i) Within a work zone; and 17 | |
449 | + | ||
450 | + | (ii) On which the speed limit, as posted before the work zone was 18 | |
451 | + | implemented and established using generally accepted traffic engineering practices, is 45 19 | |
452 | + | miles per hour or greater. 20 | |
453 | + | ||
454 | + | (i) (1) In consultation with local police departments and State police 21 | |
455 | + | departments, the Chief Judge of the District Court shall adopt procedures for the issuance 22 | |
456 | + | of citations, the trial of civil violations, and the collection of civil penalties under this 23 | |
457 | + | section. 24 | |
458 | + | ||
459 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 25 | |
460 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 26 | |
461 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 27 | |
462 | + | UNDER THIS SECTION . 28 | |
463 | + | ||
464 | + | 21–1134. 29 | |
465 | + | ||
466 | + | (b) (1) An agency may use a bus lane monitoring system that meets the 30 | |
467 | + | requirements of this subsection to record the images of motor vehicles during the 31 | |
468 | + | commission of a violation. 32 | |
469 | + | SENATE BILL 381 11 | |
470 | + | ||
471 | + | ||
472 | + | (k) (1) In consultation with the appropriate local government agencies, the 1 | |
473 | + | Chief Judge of the District Court shall adopt procedures for the issuance of citations, trials 2 | |
474 | + | for violations, and the collection of civil penalties imposed under this section. 3 | |
377 | 475 | ||
378 | 476 | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 4 | |
379 | 477 | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 5 | |
380 | 478 | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 6 | |
381 | 479 | UNDER THIS SECTION . 7 | |
382 | 480 | ||
383 | - | ||
481 | + | 22–612. 8 | |
384 | 482 | ||
385 | - | (b) This section applies only in Montgomery County and Prince George’s County. 9 | |
483 | + | (c) (1) (i) A county may use not more than three noise abatement 9 | |
484 | + | monitoring systems under this section if the use is authorized by the county governing body 10 | |
485 | + | by local law enacted after reasonable notice and a public hearing. 11 | |
386 | 486 | ||
387 | - | (e) (1) Unless the driver of the motor vehicle received a citation from a police 10 | |
388 | - | officer at the time of the violation, the owner or, in accordance with subsection (h)(5) of this 11 | |
389 | - | section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 12 | |
390 | - | recorded by an automated railroad grade crossing enforcement system during the 13 | |
391 | - | commission of a violation. 14 | |
487 | + | (j) (1) In consultation with the appropriate county agencies, the Chief Judge 12 | |
488 | + | of the District Court shall adopt procedures for the issuance of citations, the trial of civil 13 | |
489 | + | violations, and the collection of civil penalties under this section. 14 | |
392 | 490 | ||
393 | - | ( | |
394 | - | ||
395 | - | ||
396 | - | ||
491 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 15 | |
492 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSOCI ATED DATA 16 | |
493 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 17 | |
494 | + | UNDER THIS SECTION . 18 | |
397 | 495 | ||
398 | - | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 19 | |
399 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 20 | |
400 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 21 | |
401 | - | UNDER THIS SECTION . 22 | |
496 | + | 24–111.3. 19 | |
402 | 497 | ||
403 | - | 21–706.1. 23 | |
498 | + | (b) This section applies only in Baltimore City, Baltimore County, Harford 20 | |
499 | + | County, and Prince George’s County. 21 | |
404 | 500 | ||
405 | - | (c) (1) A school bus monitoring camera may not be used in a local jurisdiction 24 | |
406 | - | under this section unless its use is authorized by the governing body of the local jurisdiction 25 | |
407 | - | by local law enacted after reasonable notice and a public hearing. 26 | |
501 | + | (c) (1) A vehicle height monitoring system may be used to record images of 22 | |
502 | + | vehicles traveling on a highway in a local jurisdiction under this section only if the use of 23 | |
503 | + | vehicle height monitoring systems is authorized by local law adopted by the governing body 24 | |
504 | + | of the local jurisdiction after reasonable notice and a public hearing. 25 | |
408 | 505 | ||
409 | - | ( | |
410 | - | District Court shall adopt procedures for the issuance of citations, | |
411 | - | the collection of civil penalties | |
506 | + | (j) (1) In consultation with the appropriate local government agency, the 26 | |
507 | + | Chief Judge of the District Court shall adopt procedures for the issuance of citations, the 27 | |
508 | + | trial of civil violations, and the collection of civil penalties under this section. 28 | |
412 | 509 | ||
413 | - | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, | |
414 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA | |
415 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS | |
416 | - | UNDER THIS SECTION | |
510 | + | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 29 | |
511 | + | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 30 | |
512 | + | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 31 | |
513 | + | UNDER THIS SECTION. 32 | |
417 | 514 | ||
418 | - | 21–707.1. 34 10 SENATE BILL 381 | |
515 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 33 | |
516 | + | as follows: 34 | |
517 | + | 12 SENATE BILL 381 | |
518 | + | ||
519 | + | ||
520 | + | Article – General Provisions 1 | |
521 | + | ||
522 | + | 4–321. 2 | |
523 | + | ||
524 | + | (b) Except as provided in subsection (c) of this section, a custodian shall deny 3 | |
525 | + | inspection of recorded images produced by: 4 | |
526 | + | ||
527 | + | (1) a traffic control signal monitoring system operated under § 21–202.1 of 5 | |
528 | + | the Transportation Article; 6 | |
529 | + | ||
530 | + | (2) an automated railroad grade crossing enforcement system operated 7 | |
531 | + | under § 21–704.1 of the Transportation Article; 8 | |
532 | + | ||
533 | + | (3) a school bus moni toring camera operated under § 9 | |
534 | + | 21–706.1 of the Transportation Article; 10 | |
535 | + | ||
536 | + | (4) a stop sign monitoring system operated under § 21–707.1 of the 11 | |
537 | + | Transportation Article; 12 | |
538 | + | ||
539 | + | (5) a speed monitoring system operated under § 21 –809 of the 13 | |
540 | + | Transportation Article; 14 | |
541 | + | ||
542 | + | (6) a work zone speed control system operated under § 21–810 of the 15 | |
543 | + | Transportation Article; 16 | |
544 | + | ||
545 | + | (7) a bus lane monitoring system operated under § 17 | |
546 | + | 21–1134 of the Transportation Article; OR 18 | |
547 | + | ||
548 | + | (8) [a noise abatement monitoring system operated under § 22–612 of the 19 | |
549 | + | Transportation Article; or 20 | |
550 | + | ||
551 | + | (9)] a vehicle height monitoring system operated under § 24–111.3 of the 21 | |
552 | + | Transportation Article. 22 | |
553 | + | ||
554 | + | (c) A custodian shall allow inspection of recorded images: 23 | |
555 | + | ||
556 | + | (1) as required in § 12–113.1, § 21–202.1, § 21–704.1, § 21–706.1, § 24 | |
557 | + | 21–707.1, § 21–809, § 21–810, § 21–1134, [§ 22–612,] or § 24–111.3 of the Transportation 25 | |
558 | + | Article; 26 | |
559 | + | ||
560 | + | (2) by any person issued a citation under § 21–202.1, § 21–704.1, § 27 | |
561 | + | 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, [§ 22–612,] or § 24–111.3 of the 28 | |
562 | + | Transportation Article, or by an attorney of record for the person; or 29 | |
563 | + | ||
564 | + | (3) by an employee or agent of an agency in an investigation or a proceeding 30 | |
565 | + | relating to the imposition of or indemnification from civil liability under § 31 SENATE BILL 381 13 | |
566 | + | ||
567 | + | ||
568 | + | 21–202.1, § 21–704.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, [§ 22–612,] 1 | |
569 | + | or § 24–111.3 of the Transportation Article. 2 | |
570 | + | ||
571 | + | Article – Transportation 3 | |
572 | + | ||
573 | + | 12–113.1. 4 | |
574 | + | ||
575 | + | (b) This section applies to: 5 | |
576 | + | ||
577 | + | (1) Traffic control signal monitoring systems under § 6 | |
578 | + | 21–202.1 of this article; 7 | |
579 | + | ||
580 | + | (2) Automated railroad grade crossing enforcement systems under § 8 | |
581 | + | 21–704.1 of this article; 9 | |
582 | + | ||
583 | + | (3) School bus monitoring cameras under § 21–706.1 of this article; 10 | |
584 | + | ||
585 | + | (4) Stop sign monitoring systems under § 21–707.1 of this article; 11 | |
586 | + | ||
587 | + | (5) Speed monitoring systems under § 21–809 of this article; 12 | |
588 | + | ||
589 | + | (6) Work zone speed control systems under § 21–810 of this article; 13 | |
590 | + | ||
591 | + | (7) Bus lane monitoring systems under § 21–1134 of this article; 14 | |
592 | + | ||
593 | + | (8) [Noise abatement monitoring systems under § 22–612 of this article; 15 | |
594 | + | ||
595 | + | (9)] Vehicle height monitoring systems under § 24–111.3 of this article; and 16 | |
596 | + | ||
597 | + | [(10)] (9) Any other automated traffic enforcement system authorized 17 | |
598 | + | under State law. 18 | |
599 | + | ||
600 | + | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19 | |
601 | + | as follows: 20 | |
602 | + | ||
603 | + | Article – General Provisions 21 | |
604 | + | ||
605 | + | 4–321. 22 | |
606 | + | ||
607 | + | (b) Except as provided in subsection (c) of this section, a custodian shall deny 23 | |
608 | + | inspection of recorded images produced by: 24 | |
609 | + | ||
610 | + | (1) a traffic control signal monitoring system operated under § 21–202.1 of 25 | |
611 | + | the Transportation Article; 26 | |
612 | + | ||
613 | + | (2) an automated railroad grade crossing enforcement system operated 27 | |
614 | + | under § 21–704.1 of the Transportation Article; 28 14 SENATE BILL 381 | |
419 | 615 | ||
420 | 616 | ||
421 | 617 | ||
422 | - | (c) (2) A stop sign monitoring system: 1 | |
618 | + | (3) a school bus monit oring camera operated under § 1 | |
619 | + | 21–706.1 of the Transportation Article; 2 | |
423 | 620 | ||
424 | - | (i) May not be used in a local jurisdiction under this section unless 2 | |
425 | - | its use is authorized by the governing body of the local jurisdiction by local law enacted 3 | |
426 | - | after reasonable notice and a public hearing; and 4 | |
621 | + | (4) [a stop sign monitoring system operated under § 21–707.1 of the 3 | |
622 | + | Transportation Article; 4 | |
427 | 623 | ||
428 | - | ( | |
429 | - | ||
624 | + | (5)] a speed monitoring system operated under § 21 –809 of the 5 | |
625 | + | Transportation Article; 6 | |
430 | 626 | ||
431 | - | (k) (1) In consultation with law enforcement agencies, the Chief Judge of the 7 | |
432 | - | District Court shall adopt procedures for the issuance of citations, trials for violations, and 8 | |
433 | - | the collection of civil penalties imposed under this section. 9 | |
627 | + | [(6)] (5) a work zone speed control system operated under § 21–810 of the 7 | |
628 | + | Transportation Article; 8 | |
434 | 629 | ||
435 | - | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 10 | |
436 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 11 | |
437 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 12 | |
438 | - | UNDER THIS SECTION . 13 | |
630 | + | [(7)] (6) a bus lane monitoring system operated under § 9 | |
631 | + | 21–1134 of the Transportation Article; 10 | |
439 | 632 | ||
440 | - | 21–809. 14 | |
633 | + | [(8)] (7) a noise abatement monitoring system operated under § 22–612 11 | |
634 | + | of the Transportation Article; or 12 | |
441 | 635 | ||
442 | - | (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 15 | |
443 | - | under this section unless its use is authorized by the governing body of the local jurisdiction 16 | |
444 | - | by local law enacted after reasonable notice and a public hearing. 17 | |
636 | + | [(9)] (8) a vehicle height monitoring system operated under § 24–111.3 of 13 | |
637 | + | the Transportation Article. 14 | |
445 | 638 | ||
446 | - | (i) (1) In consultation with the appropriate local government agencies, the 18 | |
447 | - | Chief Judge of the District Court shall adopt procedures for the issuance of citations, the 19 | |
448 | - | trial of civil violations, and the collection of civil penalties under this section. 20 | |
639 | + | (c) A custodian shall allow inspection of recorded images: 15 | |
449 | 640 | ||
450 | - | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 21 | |
451 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 22 | |
452 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 23 | |
453 | - | UNDER THIS SE CTION. 24 | |
641 | + | (1) as required in § 12–113.1, § 21–202.1, § 21–704.1, § 21–706.1, [§ 16 | |
642 | + | 21–707.1,] § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the Transportation 17 | |
643 | + | Article; 18 | |
454 | 644 | ||
455 | - | 21–810. 25 | |
645 | + | (2) by any person issued a citation under § 21–202.1, § 21–704.1, § 19 | |
646 | + | 21–706.1, [§ 21–707.1,] § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the 20 | |
647 | + | Transportation Article, or by an attorney of record for the person; or 21 | |
456 | 648 | ||
457 | - | (b) (1) A work zone speed control system that meets the requirements of this 26 | |
458 | - | subsection may be used to record the images of motor vehicles traveling on a highway: 27 | |
649 | + | (3) by an employee or agent of an agency in an investigation or a proceeding 22 | |
650 | + | relating to the imposition of or indemnification from civil liability under § 23 | |
651 | + | 21–202.1, § 21–704.1, § 21–706.1, [§ 21–707.1,] § 21–809, § 21–810, § 21–1134, § 22–612, 24 | |
652 | + | or § 24–111.3 of the Transportation Article. 25 | |
459 | 653 | ||
460 | - | ||
654 | + | Article – Transportation 26 | |
461 | 655 | ||
462 | - | (ii) On which the speed limit, as posted before the work zone was 29 | |
463 | - | implemented and established using generally accepted traffic engineering practices, is 45 30 | |
464 | - | miles per hour or greater. 31 | |
465 | - | SENATE BILL 381 11 | |
656 | + | 12–113.1. 27 | |
657 | + | ||
658 | + | (b) This section applies to: 28 | |
659 | + | ||
660 | + | (1) Traffic control signal monitoring syst ems under § 29 | |
661 | + | 21–202.1 of this article; 30 | |
662 | + | SENATE BILL 381 15 | |
466 | 663 | ||
467 | 664 | ||
468 | - | (i) (1) In consultation with local police departments and State police 1 | |
469 | - | departments, the Chief Judge of the District Court shall adopt procedures for the issuance 2 | |
470 | - | of citations, the trial of civil violations, and the collection of civil penalties under this 3 | |
471 | - | section. 4 | |
665 | + | (2) Automated railroad grade crossing enforcement systems under § 1 | |
666 | + | 21–704.1 of this article; 2 | |
472 | 667 | ||
473 | - | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 5 | |
474 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND AS SOCIATED DATA 6 | |
475 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 7 | |
476 | - | UNDER THIS SECTION . 8 | |
668 | + | (3) School bus monitoring cameras under § 21–706.1 of this article; 3 | |
477 | 669 | ||
478 | - | 21– | |
670 | + | (4) [Stop sign monitoring systems under § 21–707.1 of this article; 4 | |
479 | 671 | ||
480 | - | (b) (1) An agency may use a bus lane monitoring system that meets the 10 | |
481 | - | requirements of this subsection to record the images of motor vehicles during the 11 | |
482 | - | commission of a violation. 12 | |
672 | + | (5)] Speed monitoring systems under § 21–809 of this article; 5 | |
483 | 673 | ||
484 | - | (k) (1) In consultation with the appropriate local government agencies, the 13 | |
485 | - | Chief Judge of the District Court shall adopt procedures for the issuance of citations, trials 14 | |
486 | - | for violations, and the collection of civil penalties imposed under this section. 15 | |
674 | + | [(6)] (5) Work zone speed control systems under § 21–810 of this article; 6 | |
487 | 675 | ||
488 | - | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 16 | |
489 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 17 | |
490 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 18 | |
491 | - | UNDER THIS SECTION . 19 | |
676 | + | [(7)] (6) Bus lane monitoring systems under § 21–1134 of this article; 7 | |
492 | 677 | ||
493 | - | 22–612. 20 | |
678 | + | [(8)] (7) Noise abatement monitoring systems under § 22–612 of this 8 | |
679 | + | article; 9 | |
494 | 680 | ||
495 | - | (c) (1) (i) A county may use not more than three noise abatement 21 | |
496 | - | monitoring systems under this section if the use is authorized by the county governing body 22 | |
497 | - | by local law enacted after reasonable notice and a public hearing. 23 | |
681 | + | [(9)] (8) Vehicle height monitoring systems under § 24–111.3 of this 10 | |
682 | + | article; and 11 | |
498 | 683 | ||
499 | - | (j) (1) In consultation with the appropriate county agencies, the Chief Judge 24 | |
500 | - | of the District Court shall adopt procedures for the issuance of citations, the trial of civil 25 | |
501 | - | violations, and the collection of civil penalties under this section. 26 | |
684 | + | [(10)] (9) Any other automated traffic enforcement system authorized 12 | |
685 | + | under State law. 13 | |
502 | 686 | ||
503 | - | (2) THE STANDARDS AND REQ UIREMENT S FOR THE USE , 27 | |
504 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 28 | |
505 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 29 | |
506 | - | UNDER THIS SECTION . 30 | |
687 | + | SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 14 | |
688 | + | effect July 1, 2026, the termination date of Chapter 625 of the Acts of the General Assembly 15 | |
689 | + | of 2024. If the termination date of Chapter 625 is amended, this Act shall take effect on the 16 | |
690 | + | termination of Chapter 625. This Act may not be interpreted to have any effect on that 17 | |
691 | + | termination provision. 18 | |
507 | 692 | ||
508 | - | 24–111.3. 31 | |
693 | + | SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 19 | |
694 | + | effect July 1, 2029, the termination date of Chapter 678 of the Acts of the General Assembly 20 | |
695 | + | of 2024. If the termination date of Chapter 678 is amended, this Act shall take effect on the 21 | |
696 | + | termination of Chapter 678. This Act may not be interpreted to have any effect on that 22 | |
697 | + | termination provision. 23 | |
509 | 698 | ||
510 | - | (b) This section applies only in Baltimore City, Baltimore County, Harford 32 | |
511 | - | County, and Prince George’s County. 33 | |
512 | - | 12 SENATE BILL 381 | |
699 | + | SECTION 6. AND BE IT FURTHER EN ACTED, That, except as provided in 24 | |
700 | + | Sections 4 and 5 of this Act, this Act shall take effect October 1, 2025. 25 | |
513 | 701 | ||
514 | - | ||
515 | - | (c) (1) A vehicle height monitoring system may be used to record images of 1 | |
516 | - | vehicles traveling on a highway in a local jurisdiction under this section only if the use of 2 | |
517 | - | vehicle height monitoring systems is authorized by local law adopted by the governing body 3 | |
518 | - | of the local jurisdiction after reasonable notice and a public hearing. 4 | |
519 | - | ||
520 | - | (j) (1) In consultation with the appropriate local government agency, the 5 | |
521 | - | Chief Judge of the District Court shall adopt procedures for the issuance of citations, the 6 | |
522 | - | trial of civil violations, and the collection of civil penalties under this section. 7 | |
523 | - | ||
524 | - | (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 8 | |
525 | - | PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 9 | |
526 | - | ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 10 | |
527 | - | UNDER THIS SECTION . 11 | |
528 | - | ||
529 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12 | |
530 | - | as follows: 13 | |
531 | - | ||
532 | - | Article – General Provisions 14 | |
533 | - | ||
534 | - | 4–321. 15 | |
535 | - | ||
536 | - | (b) Except as provided in subsection (c) of this section, a custodian shall deny 16 | |
537 | - | inspection of recorded images produced by: 17 | |
538 | - | ||
539 | - | (1) a traffic control signal monitoring system operated under § 21–202.1 of 18 | |
540 | - | the Transportation Article; 19 | |
541 | - | ||
542 | - | (2) an automated railroad grade crossing enforcement system operated 20 | |
543 | - | under § 21–704.1 of the Transportation Article; 21 | |
544 | - | ||
545 | - | (3) a school bus monitoring camera operated under § 22 | |
546 | - | 21–706.1 of the Transportation Article; 23 | |
547 | - | ||
548 | - | (4) a stop sign monitoring system operated under § 21–707.1 of the 24 | |
549 | - | Transportation Article; 25 | |
550 | - | ||
551 | - | (5) a speed monitoring system operated under § 21–809 of the 26 | |
552 | - | Transportation Article; 27 | |
553 | - | ||
554 | - | (6) a work zone speed control system operated under § 21–810 of the 28 | |
555 | - | Transportation Article; 29 | |
556 | - | ||
557 | - | (7) a bus lane monitoring system operated under § 30 | |
558 | - | 21–1134 of the Transportation Article; OR 31 | |
559 | - | SENATE BILL 381 13 | |
560 | - | ||
561 | - | ||
562 | - | (8) [a noise abatement monitoring system operated under § 22–612 of the 1 | |
563 | - | Transportation Article; or 2 | |
564 | - | ||
565 | - | (9)] a vehicle height monitoring system operated under § 24–111.3 of the 3 | |
566 | - | Transportation Article. 4 | |
567 | - | ||
568 | - | (c) A custodian shall allow inspection of recorded images: 5 | |
569 | - | ||
570 | - | (1) as required in § 12–113.1, § 21–202.1, § 21–704.1, § 21–706.1, § 6 | |
571 | - | 21–707.1, § 21–809, § 21–810, § 21–1134, [§ 22–612,] or § 24–111.3 of the Transportation 7 | |
572 | - | Article; 8 | |
573 | - | ||
574 | - | (2) by any person issued a citation under § 21–202.1, § 21–704.1, § 9 | |
575 | - | 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, [§ 22–612,] or § 24–111.3 of the 10 | |
576 | - | Transportation Article, or by an attorney of record for the person; or 11 | |
577 | - | ||
578 | - | (3) by an employee or agent of an agency in an investigation or a proceeding 12 | |
579 | - | relating to the imposition of or indemnification from civil liability under § 13 | |
580 | - | 21–202.1, § 21–704.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, [§ 22–612,] 14 | |
581 | - | or § 24–111.3 of the Transportation Article. 15 | |
582 | - | ||
583 | - | Article – Transportation 16 | |
584 | - | ||
585 | - | 12–113.1. 17 | |
586 | - | ||
587 | - | (b) This section applies to: 18 | |
588 | - | ||
589 | - | (1) Traffic control signal monitoring systems under § 19 | |
590 | - | 21–202.1 of this article; 20 | |
591 | - | ||
592 | - | (2) Automated railroad grade crossing enforcement systems under § 21 | |
593 | - | 21–704.1 of this article; 22 | |
594 | - | ||
595 | - | (3) School bus monitoring cameras under § 21–706.1 of this article; 23 | |
596 | - | ||
597 | - | (4) Stop sign monitoring systems under § 21–707.1 of this article; 24 | |
598 | - | ||
599 | - | (5) Speed monitoring systems under § 21–809 of this article; 25 | |
600 | - | ||
601 | - | (6) Work zone speed control systems under § 21–810 of this article; 26 | |
602 | - | ||
603 | - | (7) Bus lane monitoring systems under § 21–1134 of this article; 27 | |
604 | - | ||
605 | - | (8) [Noise abatement monitoring systems under § 22–612 of this article; 28 | |
606 | - | ||
607 | - | (9)] Vehicle height monitoring systems under § 24–111.3 of this article; and 29 14 SENATE BILL 381 | |
608 | - | ||
609 | - | ||
610 | - | ||
611 | - | [(10)] (9) Any other automated traffic enforcement system authorized 1 | |
612 | - | under State law. 2 | |
613 | - | ||
614 | - | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3 | |
615 | - | as follows: 4 | |
616 | - | ||
617 | - | Article – General Provisions 5 | |
618 | - | ||
619 | - | 4–321. 6 | |
620 | - | ||
621 | - | (b) Except as provided in subsection (c) of this section, a custodian shall deny 7 | |
622 | - | inspection of recorded images produced by: 8 | |
623 | - | ||
624 | - | (1) a traffic control signal monitoring system operated under § 21–202.1 of 9 | |
625 | - | the Transportation Article; 10 | |
626 | - | ||
627 | - | (2) an automated railroad grade crossing enforcement system operated 11 | |
628 | - | under § 21–704.1 of the Transportation Article; 12 | |
629 | - | ||
630 | - | (3) a school bus monitoring camera operated under § 13 | |
631 | - | 21–706.1 of the Transportation Article; 14 | |
632 | - | ||
633 | - | (4) [a stop sign monitoring system operated under § 21–707.1 of the 15 | |
634 | - | Transportation Article; 16 | |
635 | - | ||
636 | - | (5)] a speed monitoring system operated under § 21 –809 of the 17 | |
637 | - | Transportation Article; 18 | |
638 | - | ||
639 | - | [(6)] (5) a work zone speed control system operated under § 21–810 of the 19 | |
640 | - | Transportation Article; 20 | |
641 | - | ||
642 | - | [(7)] (6) a bus lane monitoring system operated under § 21 | |
643 | - | 21–1134 of the Transportation Article; 22 | |
644 | - | ||
645 | - | [(8)] (7) a noise abatement monitoring system operated under § 22–612 23 | |
646 | - | of the Transportation Article; or 24 | |
647 | - | ||
648 | - | [(9)] (8) a vehicle height monitoring system operated under § 24–111.3 of 25 | |
649 | - | the Transportation Article. 26 | |
650 | - | ||
651 | - | (c) A custodian shall allow inspection of recorded images: 27 | |
652 | - | ||
653 | - | (1) as required in § 12–113.1, § 21–202.1, § 21–704.1, § 21–706.1, [§ 28 | |
654 | - | 21–707.1,] § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the Transportation 29 | |
655 | - | Article; 30 SENATE BILL 381 15 | |
656 | - | ||
657 | - | ||
658 | - | ||
659 | - | (2) by any person issued a citation under § 21–202.1, § 21–704.1, § 1 | |
660 | - | 21–706.1, [§ 21–707.1,] § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the 2 | |
661 | - | Transportation Article, or by an attorney of record for the person; or 3 | |
662 | - | ||
663 | - | (3) by an employee or agent of an agency in an investigation or a proceeding 4 | |
664 | - | relating to the imposition of or indemnification from civil liability under § 5 | |
665 | - | 21–202.1, § 21–704.1, § 21–706.1, [§ 21–707.1,] § 21–809, § 21–810, § 21–1134, § 22–612, 6 | |
666 | - | or § 24–111.3 of the Transportation Article. 7 | |
667 | - | ||
668 | - | Article – Transportation 8 | |
669 | - | ||
670 | - | 12–113.1. 9 | |
671 | - | ||
672 | - | (b) This section applies to: 10 | |
673 | - | ||
674 | - | (1) Traffic control signal monitoring systems under § 11 | |
675 | - | 21–202.1 of this article; 12 | |
676 | - | ||
677 | - | (2) Automated railroad grade crossing enforcement systems under § 13 | |
678 | - | 21–704.1 of this article; 14 | |
679 | - | ||
680 | - | (3) School bus monitoring cameras under § 21–706.1 of this article; 15 | |
681 | - | ||
682 | - | (4) [Stop sign monitoring systems under § 21–707.1 of this article; 16 | |
683 | - | ||
684 | - | (5)] Speed monitoring systems under § 21–809 of this article; 17 | |
685 | - | ||
686 | - | [(6)] (5) Work zone speed control systems under § 21–810 of this article; 18 | |
687 | - | ||
688 | - | [(7)] (6) Bus lane monitoring systems under § 21–1134 of this article; 19 | |
689 | - | ||
690 | - | [(8)] (7) Noise abatement monitoring systems under § 22–612 of this 20 | |
691 | - | article; 21 | |
692 | - | ||
693 | - | [(9)] (8) Vehicle height monitoring systems under § 24–111.3 of this 22 | |
694 | - | article; and 23 | |
695 | - | ||
696 | - | [(10)] (9) Any other automated traffic enforcement system authorized 24 | |
697 | - | under State law. 25 | |
698 | - | ||
699 | - | SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 26 | |
700 | - | effect July 1, 2026, the termination date of Chapter 625 of the Acts of the General Assembly 27 | |
701 | - | of 2024. If the termination date of Chapter 625 is amended, this Act shall take effect on the 28 | |
702 | - | termination of Chapter 625. This Act may not be interpreted to have any effect on that 29 | |
703 | - | termination provision. 30 16 SENATE BILL 381 | |
704 | - | ||
705 | - | ||
706 | - | ||
707 | - | SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 1 | |
708 | - | effect July 1, 2029, the termination date of Chapter 678 of the Acts of the General Assembly 2 | |
709 | - | of 2024. If the termination date of Chapter 678 is amended, this Act shall take effect on the 3 | |
710 | - | termination of Chapter 678. This Act may not be interpreted to have any effect on that 4 | |
711 | - | termination provision. 5 | |
712 | - | ||
713 | - | SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in 6 | |
714 | - | Sections 4 and 5 of this Act, this Act shall take effect October 1, 2025. 7 | |
715 | - | ||
716 | - | ||
717 | - | ||
718 | - | ||
719 | - | ||
720 | - | Approved: | |
721 | - | ________________________________________________________________________________ | |
722 | - | Governor. | |
723 | - | ________________________________________________________________________________ | |
724 | - | President of the Senate. | |
725 | - | ________________________________________________________________________________ | |
726 | - | Speaker of the House of Delegates. |