28 | | - | FOR the purpose of prohibiting a certain person in possession of certain data, information, 5 |
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29 | | - | and records from sharing or otherwise making the data, information, and records 6 |
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30 | | - | available under certain circumstances; altering the limitations on certain 7 |
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31 | | - | prohibitions relating to the disclosure and inspection of certain public records under 8 |
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32 | | - | the Public Information Act; altering certain provisions of law to require a law 9 |
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33 | | - | enforcement agency or, a unit of State or local government to deny access to certain 10 |
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34 | | - | databases, facilities, or buildings by certain individuals seeking access for the 11 |
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35 | | - | purpose of enforcing federal immigration law, under certain circumstances; 12 |
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36 | | - | requiring the Attorney General to enforce certain provisions of this Act; providing 13 |
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37 | | - | that a State employee that violates certain provisions of this Act is subject to certain 14 |
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38 | | - | discipline; and generally relating to access to information held by law enforcement 15 |
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39 | | - | agencies and, State and local agencies federal immigration law. 16 |
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| 22 | + | FOR the purpose of altering certain provisions of law to require a law enforcement agency 5 |
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| 23 | + | or a unit of State or local government to deny access to certain databases, facilities, 6 |
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| 24 | + | or buildings by certain individuals seeking access for the purpose of enforcing federal 7 |
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| 25 | + | immigration law, under certain circumstances; requiring the Attorney General to 8 |
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| 26 | + | enforce certain provisions of this Act; providing that a State employee that violates 9 |
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| 27 | + | certain provisions of this Act is subject to certain discipline; and generally relating 10 |
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| 28 | + | to access to information held by law enforcement agencies and State and local 11 |
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| 29 | + | agencies. 12 |
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55 | | - | BY repealing and reenacting, with amendments, 4 |
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56 | | - | Article – Public Safety 5 |
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57 | | - | Section 3–529 6 |
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58 | | - | Annotated Code of Maryland 7 |
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59 | | - | (2022 Replacement Volume and 2024 Supplement) 8 |
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60 | | - | |
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61 | | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 |
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62 | | - | That the Laws of Maryland read as follows: 10 |
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63 | | - | |
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64 | | - | Article – Business Regulation 11 |
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65 | | - | |
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66 | | - | 1–211. 12 |
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67 | | - | |
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68 | | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13 |
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69 | | - | INDICATED. 14 |
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70 | | - | |
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71 | | - | (2) “COVERED RECORD ” MEANS A COPY OF ANY DATA, INFORMATION , 15 |
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72 | | - | OR RECORD THAT : 16 |
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73 | | - | |
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74 | | - | (I) WAS MADE BY A UNIT O R INSTRUMENTALITY OF STATE OR 17 |
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75 | | - | LOCAL GOVERNMENT ; AND 18 |
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76 | | - | |
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77 | | - | (II) CONTAINS PERSONAL IN FORMATION. 19 |
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78 | | - | |
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79 | | - | (3) “PERSONAL INFORMATION ” MEANS ANY INFORMATIO N THAT IS 20 |
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80 | | - | LINKED OR CAN BE REASONABLY LINKED TO AN IDENTIFIED OR IDE NTIFIABLE 21 |
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81 | | - | INDIVIDUAL WHO RESID ES IN THE STATE. 22 |
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82 | | - | |
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83 | | - | (B) THIS SECTION DOES NOT APPLY TO THE INDIVID UAL TO WHOM THE 23 |
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84 | | - | PERSONAL INFORMATION IS LINKED OR CAN BE REASONABLY LINKED . 24 |
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85 | | - | |
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86 | | - | (C) A PERSON IN POSSESSION OF A COVERED RECORD MAY NOT SHARE OR 25 |
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87 | | - | OTHERWISE MAKE AVAIL ABLE THE COVERED REC ORD IN EXCHANGE FOR ANYTHING 26 |
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88 | | - | OF VALUE OR FOR THE PURPOSE OF RESALE . 27 |
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89 | | - | |
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90 | | - | (D) A PERSON WHO OBTAINS A COVERED RECORD IN EX CHANGE FOR 28 |
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91 | | - | ANYTHING OF VALUE MA Y NOT SHARE OR OTHER WISE MAKE AVAILABLE THE 29 |
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92 | | - | COVERED RECORD FOR T HE PURPOSE OF IMMIGR ATION ENFORCEMENT , UNLESS: 30 |
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93 | | - | |
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94 | | - | (1) THE PERSON IS PRESEN TED WITH A VALID WAR RANT ISSUED BY A 31 |
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95 | | - | FEDERAL COURT OR A C OURT OF THE STATE; OR 32 SENATE BILL 977 3 |
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| 48 | + | 4–320. 26 2 SENATE BILL 977 |
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108 | | - | (g) (2) A person receiving personal information under subsection (d), (e), or (f) 7 |
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109 | | - | of this section may not disclose the personal information to a federal agent or federal agency 8 |
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110 | | - | ANOTHER PERSON OR A GOVERNMENTAL ENTITY for the purpose of federal immigration 9 |
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111 | | - | enforcement unless the person DISCLOSING THE PERSO NAL INFORMATION is presented 10 |
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112 | | - | with a valid warrant issued by a federal court or a court of this State. 11 |
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| 63 | + | (b) (1) Notwithstanding any other provision of this title, an officer, an 9 |
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| 64 | + | employee, an agent, or a contractor of the State or a political subdivision shall deny 10 |
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| 65 | + | inspection of the part of a public record that contains personal information or inspection of 11 |
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| 66 | + | a photograph of an individual by any federal agency seeking access for the purpose of 12 |
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| 67 | + | enforcing federal immigration law, unless the officer, employee, agent, or contractor is 13 |
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| 68 | + | provided with a valid warrant issued by a federal court or a court of this State. 14 |
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116 | | - | (a) In this section, “facial recognition” means a biometric software application 13 |
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117 | | - | that identifies or verifies a person by comparing and analyzing patterns based on a person’s 14 |
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118 | | - | facial contours. 15 |
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| 77 | + | (3) On or before June 1, 2023, and each June 1 thereafter, the Motor 21 |
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| 78 | + | Vehicle Administration, the Department of State Police, and the Department of Public 22 |
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| 79 | + | Safety and Correctional Services shall, with respect to requests from federal agencies 23 |
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| 80 | + | seeking access for the purpose of federal immigration enforcement for personal information, 24 |
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| 81 | + | a photograph of an individual, or a facial recognition search, whether or not the request 25 |
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| 82 | + | was initiated through a State or local law enforcement agency, report to the General 26 |
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| 83 | + | Assembly, in accordance with § 2–1257 of the State Government Article, the following 27 |
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| 84 | + | information for the immediately preceding calendar year: 28 |
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120 | | - | (b) (1) Notwithstanding any other provision of this title, an officer, an 16 |
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121 | | - | employee, an agent, or a contractor of the State or a political subdivision shall deny 17 |
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122 | | - | inspection of the part of a public record that contains personal information or inspection of 18 |
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123 | | - | a photograph of an individual by any federal agency PERSON OR GOVERNMENT AL 19 |
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124 | | - | ENTITY seeking access for the purpose of enforcing federal immigration law, unless the 20 |
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125 | | - | officer, employee, agent, or contractor is provided with a valid warrant issued by a federal 21 |
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126 | | - | court or a court of this State. 22 |
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| 86 | + | (i) the number of requests received from any federal agency for 29 |
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| 87 | + | personal information, a photograph of an individual, or a facial recognition search; 30 |
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128 | | - | (2) Notwithstanding any other provision of this title, an officer, an 23 |
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129 | | - | employee, an agent, or a contractor of the State or a political subdivision shall deny 24 |
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130 | | - | inspection using a facial recognition search of a digital photographic image or actual stored 25 |
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131 | | - | data of a digital photographic image by any federal agency PERSON OR GOVERNMENT AL 26 |
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132 | | - | ENTITY seeking access for the purpose of enforcing federal immigration law, unless the 27 |
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133 | | - | officer, employee, agent, or contractor is provided with a valid warrant issued by a federal 28 |
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134 | | - | court or a court of this State. 29 |
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| 89 | + | (ii) the number of requests received from any federal agency for 31 |
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| 90 | + | personal information, a photograph of an individual, or a facial recognition search for which 32 |
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| 91 | + | a valid warrant issued by a federal court or a court of this State was provided; 33 |
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136 | | - | (3) On or before June 1, 2023, and each June 1 thereafter, the Motor 30 |
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137 | | - | Vehicle Administration, the Department of State Police, and the Department of Public 31 |
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138 | | - | Safety and Correctional Services shall, with respect to requests from federal agencies 32 |
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139 | | - | seeking access for the purpose of federal immigration enforcement for personal information, 33 |
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140 | | - | a photograph of an individual, or a facial recognition search, whether or not the request 34 |
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141 | | - | was initiated through a State or local law enforcement agency, report to the General 35 |
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142 | | - | Assembly, in accordance with § 2–1257 of the State Government Article, the following 36 |
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143 | | - | information for the immediately preceding calendar year: 37 4 SENATE BILL 977 |
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| 93 | + | (iii) the number and purpose of facial recognition searches completed 34 |
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| 94 | + | for any federal agency based on personal information or a photograph of an individual 35 |
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| 95 | + | provided to the federal agency by the Motor Vehicle Administration, the Department of 36 |
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| 96 | + | State Police, or the Department of Public Safety and Correctional Services; and 37 |
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| 97 | + | SENATE BILL 977 3 |
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| 98 | + | |
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| 99 | + | |
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| 100 | + | (iv) the number of individuals whose personal information or 1 |
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| 101 | + | photograph was provided to any federal agency by, respectively, the Motor Vehicle 2 |
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| 102 | + | Administration, the Department of State Police, and the Department of Public Safety and 3 |
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| 103 | + | Correctional Services. 4 |
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| 104 | + | |
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| 105 | + | Article – Public Safety 5 |
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| 106 | + | |
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| 107 | + | 3–529. 6 |
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| 108 | + | |
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| 109 | + | (a) (1) In this section the following words have the meanings indicated. 7 |
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| 110 | + | |
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| 111 | + | (2) (i) “Database” means any database operated by: 8 |
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| 112 | + | |
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| 113 | + | 1. State and local law enforcement agencies, including 9 |
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| 114 | + | databases maintained for a law enforcement agency by a private vendor; OR 10 |
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| 115 | + | |
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| 116 | + | 2. A UNIT OF STATE OR LOCAL GOVERN MENT, 11 |
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| 117 | + | INCLUDING DATABASES MAINTAINED FOR A UNI T OF STATE GOVERNMENT BY A 12 |
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| 118 | + | PRIVATE VENDOR . 13 |
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| 119 | + | |
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| 120 | + | (ii) “Database” does not include a registry operated under Title 11, 14 |
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| 121 | + | Subtitle 7 of the Criminal Procedure Article. 15 |
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| 122 | + | |
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| 123 | + | (3) (i) “Law enforcement agency” means a federal, state, or local agency 16 |
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| 124 | + | authorized to enforce criminal laws. 17 |
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| 125 | + | |
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| 126 | + | (ii) “Law enforcement agency” includes the Maryland Department of 18 |
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| 127 | + | Public Safety and Correctional Services. 19 |
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| 128 | + | |
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| 129 | + | (4) “SENSITIVE INFORMATION ” INCLUDES PERSONAL IN FORMATION 20 |
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| 130 | + | ON INDIVIDUALS WHO A RE SERVED OR ENGAGED BY A GRANTEE, CONTRACTOR , OR 21 |
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| 131 | + | CONSULTANT OF A UNIT OF STATE OR LOCAL GOVERN MENT. 22 |
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| 132 | + | |
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| 133 | + | (b) [An entity] A LAW ENFORCEMENT AGEN CY OR A UNIT OF STATE OR 23 |
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| 134 | + | LOCAL GOVERNMENT operating a database shall: 24 |
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| 135 | + | |
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| 136 | + | (1) deny access to the database to any individual who is OR APPEARS TO 25 |
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| 137 | + | BE seeking access for the purpose of enforcing federal immigration law, unless the 26 |
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| 138 | + | individual presents a valid warrant issued by a federal court or a court of this State AND 27 |
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| 139 | + | CLEARLY IDENTIFIES T HE RECORD TO BE ACCE SSED; and 28 |
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| 140 | + | |
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| 141 | + | (2) require an individual accessing the database to provide to the [entity] 29 |
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| 142 | + | LAW ENFORCEMENT AGEN CY OR THE UNIT OF STATE OR LOCAL GOVERN MENT: 30 |
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| 143 | + | |
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| 144 | + | (i) the individual’s name; 31 4 SENATE BILL 977 |
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159 | | - | (iv) the number of individuals whose personal information or 10 |
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160 | | - | photograph was provided to any federal agency by, respectively, the Motor Vehicle 11 |
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161 | | - | Administration, the Department of State Police, and the Department of Public Safety and 12 |
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162 | | - | Correctional Services. 13 |
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| 159 | + | (1) DENY ACCESS TO THE B UILDING OR FACILITY TO ANY INDIVIDUAL 9 |
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| 160 | + | WHO IS OR APPEARS TO BE SEEKING ACCESS FOR THE PURPOSE OF ENFORCING 10 |
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| 161 | + | FEDERAL IMMIGRATION LAW, UNLESS THE INDIVIDUA L PRESENTS A VALID 11 |
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| 162 | + | WARRANT ISSUED BY A FEDERAL COURT OR A C OURT OF THIS STATE AND CLEARLY 12 |
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| 163 | + | IDENTIFIES THE BUILD ING OR FACILITY, OR RECORD OR INFORMA TION WITHIN THE 13 |
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| 164 | + | BUILDING OR FACILITY, TO BE ACCESSED ; AND 14 |
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170 | | - | (2) (i) “Database” means any database operated by: 17 |
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| 175 | + | (III) UNLESS THE INDIVIDUA L PRESENTS A VALID W ARRANT 21 |
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| 176 | + | ISSUED BY A FEDERAL COURT OR A COURT OF THIS STATE AND CLEARLY IDE NTIFIES 22 |
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| 177 | + | THE BUILDING OR FACI LITY, OR RECORD OR INFORMATION WITHIN T HE BUILDING 23 |
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| 178 | + | OR FACILITY, TO BE ACCESSED , A STATEMENT BY THE I NDIVIDUAL, UNDER PENALTY 24 |
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| 179 | + | OF PERJURY, THAT THE INDIVIDUAL IS NOT ACCESSING THE BUILDING, FACILITY, 25 |
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| 180 | + | RECORD, OR INFORMATION FOR T HE PURPOSE OF ENFORC ING FEDERAL 26 |
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| 181 | + | IMMIGRATION LAW . 27 |
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175 | | - | 2. A UNIT OF STATE OR LOCAL GOVERN MENT, 20 |
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176 | | - | INCLUDING DATABASES MAINTAINED FOR A UNI T OF STATE GOVERNMENT BY A 21 |
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177 | | - | PRIVATE VENDOR . 22 |
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178 | | - | |
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179 | | - | (ii) “Database” does not include a registry operated under Title 11, 23 |
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180 | | - | Subtitle 7 of the Criminal Procedure Article. 24 |
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181 | | - | |
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182 | | - | (3) (i) “Law enforcement agency” means a federal, state, or local agency 25 |
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183 | | - | authorized to enforce criminal laws. 26 |
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184 | | - | |
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185 | | - | (ii) “Law enforcement agency” includes the Maryland Department of 27 |
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186 | | - | Public Safety and Correctional Services. 28 |
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187 | | - | |
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188 | | - | (4) “SENSITIVE INFORMATION ” INCLUDES PERSONAL IN FORMATION 29 |
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189 | | - | ON INDIVIDUALS WHO A RE SERVED OR ENGAGED BY A GRANTEE, CONTRACTOR , OR 30 |
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190 | | - | CONSULTANT OF A UNIT OF STATE OR LOCAL GOVERN MENT. 31 |
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| 189 | + | (E) EACH UNIT OF STATE GOVERNMENT SHAL L: 33 |
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231 | | - | (II) THE INDIVIDUAL ’S CONTACT INFORMATIO N, INCLUDING A 28 |
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232 | | - | TELEPHONE NUMBER , AN E–MAIL ADDRESS , AND A PHYSICAL ADDRE SS; AND 29 |
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233 | | - | |
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234 | | - | (III) UNLESS THE INDIVIDUA L PRESENTS A VALID W ARRANT 30 |
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235 | | - | ISSUED BY A FEDERAL COURT OR A COURT OF THIS STATE AND CLEARLY IDE NTIFIES 31 |
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236 | | - | THE BUILDING OR FACI LITY, OR RECORD OR INFORMA TION WITHIN THE BUIL DING 32 |
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237 | | - | OR FACILITY, TO BE ACCESSED , A STATEMENT BY THE I NDIVIDUAL, UNDER PENALTY 33 |
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238 | | - | OF PERJURY, THAT THE INDIVIDUAL IS NOT ACCESSING THE BUILDING, FACILITY, 34 6 SENATE BILL 977 |
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239 | | - | |
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240 | | - | |
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241 | | - | RECORD, OR INFORMATION FOR T HE PURPOSE OF ENFORCING FEDERAL 1 |
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242 | | - | IMMIGRATION LAW . 2 |
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243 | | - | |
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244 | | - | (D) A LAW ENFORCEMENT AGEN CY OR A UNIT OF STATE OR LOCAL 3 |
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245 | | - | GOVERNMENT MAY NOT E NTER INTO A MEMORAND UM OF UNDERSTANDING OR 4 |
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246 | | - | SIMILAR AGREEMENT TH AT REQUIRES COLLABOR ATION OR INFORMATION SHARING 5 |
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247 | | - | WITH A FEDERAL AGEN CY FOR THE PURPOSE O F ENFORCING FEDERAL 6 |
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248 | | - | IMMIGRATION LAW . 7 |
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249 | | - | |
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250 | | - | (E) (C) EACH UNIT OF STATE GOVERNMENT SHAL L: 8 |
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251 | | - | |
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252 | | - | (1) MAINTAIN A RECORD OF EACH REQUEST BY AN I NDIVIDUAL 9 |
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253 | | - | SEEKING ACCESS TO A DATABASE, FACILITY, BUILDING, RECORD, OR INFORMATION 10 |
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254 | | - | AS DESCRIBED UNDER T HIS SECTION; AND 11 |
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255 | | - | |
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256 | | - | (2) ON OR BEFORE DECEMBER 1, 2025, AND EACH YEAR 12 |
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257 | | - | THEREAFTER , SUBMIT A REPORT TO T HE ATTORNEY GENERAL AND , IN 13 |
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258 | | - | ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 14 |
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259 | | - | ASSEMBLY ON: 15 |
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260 | | - | |
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261 | | - | (I) THE NUMBER AND NATUR E OF ACCESS REQUESTS 16 |
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262 | | - | RECEIVED; 17 |
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263 | | - | |
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264 | | - | (II) WHETHER THE REQUESTS WERE GRANTED OR DENI ED; AND 18 |
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265 | | - | |
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266 | | - | (III) ANY OTHER INFORMATIO N REQUIRED TO ENSURE 19 |
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267 | | - | COMPLIANCE WITH THIS SECTION. 20 |
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268 | | - | |
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269 | | - | (F) THE ATTORNEY GENERAL SHALL : 21 |
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270 | | - | |
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271 | | - | (1) ENFORCE THE REQUIREMENTS OF THIS SECTION THROUGH ANY 22 |
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272 | | - | MEANS NORMALLY AVAIL ABLE IN THE ENFORCEM ENT OF CIVIL VIOLATI ONS; AND 23 |
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273 | | - | |
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274 | | - | (2) ESTABLISH A SYSTEM O F CIVIL PENALTIES NO T EXCEEDING 24 |
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275 | | - | $1,000 PER VIOLATION OF THI S SECTION. 25 |
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276 | | - | |
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277 | | - | (G) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A STATE 26 |
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278 | | - | EMPLOYEE WHO VIOLATE S THIS SECTION IS SU BJECT TO DISCIPLINE , INCLUDING 27 |
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279 | | - | TERMINATION FROM EMP LOYMENT. 28 |
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280 | | - | |
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281 | | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 |
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282 | | - | October 1, 2025. 30 |
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