Maryland 2025 Regular Session

Maryland Senate Bill SB381 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *sb0381*
109
1110 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
3119
3220 CHAPTER ______
3321
3422 AN ACT concerning 1
3523
3624 Motor Vehicles – Automated Enforcement Programs – Privacy Protections 2
3725
3826 FOR the purpose of requiring a custodian of recorded images produced by certain 3
3927 automated enforcement systems to deny inspection of the recorded images, subject 4
4028 to certain exceptions; prohibiting certain State and local agencies from using a 5
4129 recorded image or associated data produced by an automated enforcement system 6
4230 without a warrant, subpoena, or court order unless the use is for an appropriate 7
4331 traffic enforcement purpose;, subject to certain exceptions; establishing certain 8
4432 requirements and authorizations for the removal and destruction of recorded images 9
4533 and associated data produced by an automated enforcement system; establishing 10
4634 certain prohibitions and requirements for privacy protection under automated 11
4735 enforcement programs; and generally relating to privacy protections for automated 12
4836 enforcement programs. 13
49- 2 SENATE BILL 381
5037
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
5143
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
7647 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
9949
10050
10151
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
10559
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
10866
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
11173
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
11480
115- (3) A SCHOOL BUS MONITOR ING CAMERA OPERATED UNDER § 10
116-21–706.1 OF THE TRANSPORTATION ARTICLE; 11
81+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
82+That the Laws of Maryland read as follows: 27
11783
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
12085
121- [(2)] (5) a speed monitoring system operated under § 21–809 of the 14
122-Transportation Article; 15
86+4–321. 29
12387
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
12691
127- (7) A BUS LANE MONITORIN G SYSTEM OPERATED UN DER § 18
128-21–1134 OF THE TRANSPORTATION ARTICLE; 19
92+ (b) Except as provided in subsection (c) of this section, a custodian shall deny 33
93+inspection of recorded images produced by: 34
12994
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
14698
14799
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
152102
153-Article – Transportation 5
103+ (3) A SCHOOL BUS MONITOR ING CAMERA OPERATED UNDER § 3
104+21–706.1 OF THE TRANSPORTATION ARTICLE; 4
154105
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
156108
157- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
158-INDICATED. 8
109+ [(2)] (5) a speed monitoring system operated under § 21–809 of the 7
110+Transportation Article; 8
159111
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
164114
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
168117
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
173120
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
178123
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
181125
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
184129
185- (7) (8) “RECORDED IMAGE OR ASS OCIATED DATA ” MEANS ANY 28
186-IMAGE OR DATA RECORD ED UNDER A PROGRAM B Y ELECTRONIC OR DIGI TAL MEANS, 29
187-BY PHOTOGRAPHIC MEAN S, OR BY WAY OF ANY OTHER MEDIUM THAT : 30
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
188133
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
191138
139+Article – Transportation 28
192140
193- (II) CLEARLY IDENTIFIES TH E ENTIRE REGISTRATIO N PLATE 1
194-NUMBER OF THE MOTOR VEHICLE; AND 2
141+12–113.1. 29
195142
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
283145
284146
285147
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
289152
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
292156
293- (3) BEFORE AN AGENCY REMO VES AND DESTROYS A R ECORDED 6
294-IMAGE OR ASSOCIATED DATA, THE AGENCY MAY DISAG GREGATE THE DATA FOR 7
295-ANALYSIS PURPOSES IN A MANNER THAT DOES N OT IDENTIFY ANY INDI VIDUAL OR 8
296-VEHICLE. 9
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
297161
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
301166
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
303169
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
307172
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
312176
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
316178
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
320181
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
323183
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
328191
329192
330- (2) AN AUTOMATED ENFORCEM ENT SYSTEM SHALL BE SITUATED AND 1
331-FOCUSED IN A MANNER THAT: 2
332193
333- (I) CAPTURES RECORDED IMA GES AND ASSOCIATED D ATA OF 3
334-VIOLATIONS; AND 4
194+ (2) AUTOMATED RAILROAD GR ADE CROSSING ENFORCE MENT 1
195+SYSTEMS UNDER § 21–704.1 OF THIS ARTICLE; 2
335196
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
339199
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
343202
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
347204
348- 1. A PERSON ALLEGED TO BE LIABLE FOR A CIVIL 14
349-VIOLATION RECORDED B Y AN AUTOMATED ENFOR CEMENT SYSTEM ; 15
205+ (6) WORK ZONE SPEED CONTR OL SYSTEMS UNDER § 21–810 OF THIS 8
206+ARTICLE; 9
350207
351- 2. A COURT OF COMPETENT J URISDICTION WHEN 16
352-ADJUDICATING LIABILI TY; OR 17
208+ (7) BUS LANE MONITORING S YSTEMS UNDER § 21–1134 OF THIS 10
209+ARTICLE; 11
353210
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
357213
358- A. AFTER THE OTHER LAW E NFORCEMENT AGENCY HA S 21
359-OBTAINED AN APPROPRI ATE WARRANT , SUBPOENA, OR COURT ORDER ; OR 22
214+ (9) VEHICLE HEIGHT MONITO RING SYSTEMS UNDER § 24–111.3 OF 14
215+THIS ARTICLE; AND 15
360216
361- B. IN EXIGENT CIRCUMSTAN CES. 23
217+ (10) ANY OTHER AUTOMATED T RAFFIC ENFORCEMENT S YSTEM 16
218+AUTHORIZED UNDER STATE LAW. 17
362219
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
366224
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
368228
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
372237
373238
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
377475
378476 (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 4
379477 PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 5
380478 ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUE D 6
381479 UNDER THIS SECTION . 7
382480
383-21704.1. 8
481+22612. 8
384482
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
386486
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
392490
393- (k) (1) In consultation with local law enforcement agencies in Montgomery 15
394-County and Prince George’s County, the Chief Judge of the District Court shall adopt 16
395-procedures for the issuance of citations, the trial of violations, and the collection of civil 17
396-penalties under this section. 18
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
397495
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
402497
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
404500
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
408505
409- (k) (1) In consultation with law enforcement agencies, the Chief Judge of the 27
410-District Court shall adopt procedures for the issuance of citations, trials for violations, and 28
411-the collection of civil penalties imposed under this section. 29
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
412509
413- (2) THE STANDARDS AND REQ UIREMENTS FOR THE US E, 30
414-PROCESSING, AND DISPOSAL OF RECO RDED IMAGES AND ASSO CIATED DATA 31
415-ESTABLISHED UNDER § 12–113.1 OF THIS ARTICLE APPL Y TO CITATIONS ISSUED 32
416-UNDER THIS SECTION . 33
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
417514
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
419615
420616
421617
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
423620
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
427623
428- (ii) May only be used at a location approved by the Prince George’s 5
429-County Council. 6
624+ (5)] a speed monitoring system operated under § 21 –809 of the 5
625+Transportation Article; 6
430626
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
434629
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
439632
440-21–809. 14
633+ [(8)] (7) a noise abatement monitoring system operated under § 22–612 11
634+of the Transportation Article; or 12
441635
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
445638
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
449640
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
454644
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
456648
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
459653
460- (i) Within a work zone; and 28
654+Article – Transportation 26
461655
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
466663
467664
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
472667
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
477669
478-21–1134. 9
670+ (4) [Stop sign monitoring systems under § 21–707.1 of this article; 4
479671
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
483673
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
487675
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
492677
493-22–612. 20
678+ [(8)] (7) Noise abatement monitoring systems under § 22–612 of this 8
679+article; 9
494680
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
498683
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
502686
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
507692
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
509698
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
513701
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.