The members of the county police are hereby required to report to the director of the county police immediately after their appointment and qualification and shall be at all times under the supervision and orders of such director.

(a) Definitions. As used in this Section: Department means the Montgomery County Department of Police. Law enforcement agency means a government agency charged with enforcing Federal, State, or County law. Officer involved death means the death of an individual resulting from an action by a police officer or while the individual is in police custody. Police officer means a sworn officer employed by the County Department of Police. State’s Attorney means the State’s Attorney for Montgomery County. (b) Independent investigation required. Except as provided in subsection (f), the Executive must ensure that an independent investigation is performed for each officer involved death. The independent investigation must be led by at least 2 sworn independent investigators: (1) who are not employed by the County or the State’s Attorney; (2) who have significant experience and expertise in conducting homicide and law enforcement officer use of force investigations; and (3) work for a: (A) local law enforcement agency located outside of the County; (B) Federal law enforcement agency; or (C) State law enforcement agency. (c) Report. The independent investigators must submit a final written report to the State’s Attorney. (d) Publication of the investigation report. (1) Except as provided in paragraph (2), the written report must be released to the public to the extent permitted by law: (A) if no criminal charges are filed against the police officer; or (B) after the conclusion of any criminal case against the police officer. (2) The custodian of the report may deny inspection of any part of the written report if it would: (A) interfere with a valid and proper law enforcement proceeding; (B) deprive a person of a right to a fair trial or an impartial adjudication; (C) constitute an unwarranted invasion of personal privacy; (D) disclose the identity of a confidential source; (E) disclose an investigative technique or procedure; (F) prejudice an investigation; or (G) endanger the life or physical safety of an individual. (3) This subsection must apply to a written investigation report prepared by the independent investigators or a report prepared by the Department if the Executive is unable to obtain an independent investigation. (e) Internal investigation. This Section must not be interpreted to prohibit: (1) an internal administrative review of the incident by the Department for possible discipline of a police officer pursuant to the Law Enforcement Officers’ Bill of Rights, MD Public Safety Code, §§3-101 to 3-113, as amended; or (2) the Department from: (A) responding to the crime scene to perform routine police duties to protect members of the public and members of the Department; or (B) providing support and assistance to the independent investigators leading the investigation as requested by the independent investigators. (f) Reporting. If, after making good faith efforts, the Executive is unable to enter into an agreement with another law enforcement agency to perform the required independent investigation, the Executive must submit: (1) a report to the Council on or before January 1, 2020: (A) explaining all efforts made to secure an agreement with another law enforcement agency; and (B) recommending changes to the law to support its goals; and (2) updates to the Council every 90 days beginning on April 1, 2020 explaining continuing efforts to secure an agreement.

(a) Chief executive officer. The director of police is the chief executive officer of the department of police and in the exercise of official duties the director shall be subject to such orders, rules and regulations as may be issued by the county executive from time to time and shall be responsible to the county executive for the proper and efficient conduct, control and discipline of the department of police. (b) Law enforcement. The director of police shall take such measures as will ensure prompt and vigorous enforcement of all criminal statutes, laws, regulations and ordinances, enforcement of which comes properly within the scope of the police function and power. (c) Adoption of regulations, orders, etc., generally. The director of police shall adopt, under method (2) of section 2A-15 of this Code, all regulations for the county which pertain to the work of the department of police. The director shall issue such additional instructions and adopt such orders and administrative procedures, not inconsistent with law, as deemed proper in the exercise of the functions of chief executive officer of the department of police. (d) Duty assignments, etc. The director of police shall order and direct such assignments to duty, detail and transfers as deemed necessary in the interest of public service. (e) Fires, riots, etc. The director of police shall maintain contact with supervisors on the scene of any large fire within the jurisdiction of the county police and at the scene of any riot, tumultuous assemblage, catastrophe or other unusual occurrence where the services of large details of police are necessary and shall take command of the police and direct their efforts in the work at hand through his/her supervisors. (f) Operation of department generally. The director of police shall exact from all members of the police unquestioned loyalty, unfailing energy and strict obedience and shall take prompt action in prosecuting any member guilty of interfering with, or in any manner impeding, the orderly and efficient operation and conduct of the department of police. (g) Charges against members. The director shall refer all charges properly filed with the director or the department against any member of the police to the office of internal affairs. (h) Instruction and training. The director of police shall order and direct the instruction and training for the members of the police. (i) Inspections. The director of police shall develop and implement policies and procedures within the department of police which will ensure an inspection program function at every level of management responsibility. The inspection program will encompass personnel, facilities and property, resource management and operations. (j) Reports and recommendations. The director of police shall make a written report annually to the county council and county executive as to the operation of the department of police, for the fiscal year ending June 30, and shall submit recommendations for improvements, and shall make such other general and special reports as may be required. (k) Notice of appointments, transfers, separations, etc. The director of police shall promptly notify the county personnel board of all appointments, transfers, promotions, demotions, suspensions and separations from the department of police.

The county executive is hereby authorized to establish and maintain within the county headquarters and substations of the county police and to fix the locations thereof. The present headquarters and substations of such police shall continue to be maintained unless otherwise provided by the county executive.

(a) If the County does not provide police protection in the City of Takoma Park, and the City provides its own citywide police protection, reimbursements to the City for police services must be the greater of the amount calculated under Section 30A-3 or $4,020,521. (b) If the County resumes police services in the City of Takoma Park after a fiscal year begins, the amount paid under subsection (a) must be prorated according to the number of days in that fiscal year that the County provides the services. (c) Nothing in this Section limits the jurisdiction of the County police in the City of Takoma Park.

(a) Definitions. In this Section the following words have the meanings indicated: Commission means the Advisory Commission on Policing. Department means the Montgomery County Police Department. Institutional members are: (A) the Police Chief or the Police Chief’s designee; and (B) the President of an employee organization certified under Article V of Chapter 33 or the President’s designee. (b) Established. County Council must appoint an Advisory Commission on Policing. (c) Composition and terms of members. (1) The Commission has 15 members consisting of 13 public members and 2 institutional members. (2) The Council must appoint all members. Except for the institutional members, every other member should represent a community organization operating in the County or be an individual. Each Councilmember must nominate one public member. If there is a vacancy on the Commission and the Councilmember who appointed the Commissioner is no longer on the Council, then the Councilmember’s successor must appoint the public member to fill the vacancy. (3) Of the public members: (A) one member, known as the youth member, must be 25 years of age or younger at the time of appointment; (B) one member, known as the young adult member, must be 26-35 years of age at the time of appointment; and (C) both the youth member and young adult member must be nominated by the County Executive. (4) The public members appointed under paragraphs (2) and (3) should: (A) reflect a range of ethnicities, socioeconomic status, and places of origin to reflect the racial and economic diversity of the County’s communities, including religious creed, age, sex - including on the basis of gender identity or orientation, disability, and geographic location, with emphasis on those disproportionately impacted by inequities; and (B) have an interest or expertise in policing matters. (5) The term of each member is 3 years. A member must not serve more than two consecutive full terms. A member must continue in office until a successor is appointed and qualified. After an appointment to fill a vacancy before a term expires, the successor serves a three-year term. (d) New member orientation. Every new member must participate in an orientation program consisting of a menu of training opportunities determined by the Chair in consultation with staff. (e) Voting, officers, meetings, and compensation. (1) Except the institutional members, all members of the Commission are voting members. (2) The Commission must elect a Chair and Vice-Chair from among its voting members. (3) The Commission meets at the call of the Chair. The Commission must meet as often as necessary to perform its duties, but not less than 6 times each year. (4) A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County. (f) Duties. The Commission must: (1) advise the Council on policing matters; (2) provide information regarding best practices on policing matters; (3) recommend policies, programs, legislation, or regulations; (4) comment on matters referred to it by the Council; (5) conduct at least one public forum each year for community input on policing matters; (6) accept correspondence and comments from members of the public, except that the Commission must forward to the Police Advisory Board complaints involving police misconduct and discipline that fall under the jurisdiction of the Police Advisory Board pursuant to Section 35-24; and (7) engage in public education. (g) Requests for information. The County, including the Police Department, should respond to Commission requests for information within 30 days after the County receives the request. (h) Annual Report. By July 1 each year, the Commission must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, and plans and objectives. (i) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (j) Staff. The Executive Director of the Office of the County Council must provide appropriate staff to the Commission. (k) The Commission is not a regulatory or disciplinary body over any law enforcement agency.

(a) Legislative findings. (1) The United States Department of Justice advises that: (A) strong relationships of mutual trust between police agencies and the communities they serve are critical to maintaining public safety and effective policing; (B) police officials rely on the cooperation of community members to provide information about crime in their neighborhoods, and to work with the police to devise solutions to crime and disorder problems; and (C) community members’ willingness to trust the police depends on whether they believe that police actions reflect community values and incorporate the principles of procedural justice and legitimacy. (2) The Police Executive Research Forum hosted a national meeting of police and community leaders. The following key issues and recommendations were determined to be useful to help police departments and their communities to develop collaborative strategies for moving forward. Police departments should: (A) acknowledge and discuss with communities the challenges local police departments face; (B) be transparent and accountable; (C) take steps to reduce bias and improve cultural competency; (D) maintain focus on the importance of collaboration and be visible in the community; and (E) promote internal diversity and ensure professional growth opportunities. (b) Community policing guidelines. To further community policing objectives: (1) officers must strive to regularly initiate and engage in positive nonenforcement activities with their communities; (2) the Department must ensure cultural competency throughout the Department and increase officer knowledge of the County’s diverse population; (3) the Department must emphasize the recruitment of candidates with ties to the County; (4) the Department must increase community outreach initiatives and officers must attend community events on behalf of the Department; (5) the Department must provide adequate training in de-escalation tactics; (6) the Police Chief must designate a liaison to each population that is disproportionately impacted by inequities, as appropriate; and (7) the Department must incorporate mental health and positive youth development initiatives in partnership with County departments, agencies, and community-based organizations. (c) Reporting requirements. (1) By April 1 each year, the Montgomery County Department of Police must report the following information to the Executive and Council for the prior calendar year: (A) information about the demographic makeup of the Department, including: (i) the total number of sworn police officers in the Department; (ii) the total number of sworn racial minority police officers in the Department by race and ethnicity; (iii) the total number of sworn female police officers in the Department; (iv) the number of sworn police officers in the Department that reside in the County; and (v) any other demographic information voluntarily provided by sworn police officers; (B) the number of recruiting events the Department sponsored or participated in the County; (C) the number of instances of use of force that resulted in an injury when the injury occurred as a direct result of an officer’s actions; (D) the number of civilian complaints about the use of force by an officer; (E) the number of civilian complaints regarding discrimination and harassment; (F) the number of officers who were suspended with pay; (G) the number of officers who were suspended without pay; (H) the percentage of patrol officers who were assigned to neighborhood patrols; (I) the number of youth under the age of 18 years referred to intervention programs by officers; (J) data, in the manner prescribed by the Director of the Department of Health and Human Services, regarding the number of calls for service involving substance abuse, the responses to those calls, and the outcomes of those calls; (K) data, in the manner prescribed by the Director of the Department of Health and Human Services, regarding the number of calls for service involving mental health issues, the responses to those calls, and the outcomes of those calls; (L) demographic information regarding individuals stopped (including a stop and frisk that does not result in a citation or arrest), searched, cited, arrested, or the subject of a use of force incident by the Department, including: (i) race; (ii) ethnicity; (iii) gender; (iv) age; and (v) any other demographic information voluntarily provided by the detainee; (M) demographic information regarding individuals subject to a field interview, including: (i) race; (ii) ethnicity; (iii) gender; (iv) location; (v) age; and (vi) any other demographic information voluntarily provided by the detainee; (N) a description of the Department’s training standards and practices, including training and practices related to de-escalation; (O) a description of the Department’s community policing efforts, including community policing programs, participation in town hall meetings, and efforts to engage with schools, recreation centers, community centers, and senior centers; (P) the number of officers subject to each type of officer discipline; (Q) the number of violations of the use of force policy, and the number of officers found to have violated the use of force policy; (R) the number of investigations conducted by the Internal Affairs Division of the Department; (S) with respect to civilian complaints, the number of complaints per police district, the number of officers against whom the complaints were made, and the outcomes of the complaints; (T) the number of overtime hours worked per police district; and (U) data, in the manner prescribed by the Director of the Department of Health and Human Services, regarding the number of service calls involving a homeless individual, the responses to those calls, and the outcomes of those calls. (2) The Council annually must hold a public hearing regarding the report submitted under paragraph (1). (3) Subject to state and federal law, the Department must maintain the following public datasets, to include race, gender, age, and ethnicity data, and data by police district, division, and bureau, on the web portal identified in Article XIV of Chapter 2: (A) use of force incidents; (B) field interview reports; (C) juvenile citations; (D) criminal citations, including trespassing citations; (E) alcohol beverage violations; (F) possession of marijuana violations less than 10 grams; (G) smoking marijuana in public places; (H) the pointing of a service weapon, taser, or pepper spray at an individual; (I) the issuance of a stay-away order for trespass enforcement, and the location of property where the enforcement occurs; (J) information identified under Section 5 of Chapter 59 of the 2021 Laws of Maryland regarding the activation, deployment, and results of the SWAT team; (K) information identified under Section 1 of Chapter 62 of the 2021 Laws of Maryland regarding search warrants; (L) arrests, including arrests on or immediately adjacent to school property; (M) searches, including searches that result in arrest or the discovery of contraband; (N) stops (including stop and frisks that does not result in citations or arrests); (U) service calls related to mental health; (V) service calls related to substance abuse issues; (W) service calls related to homeless individuals; and (X) service calls determined to be unfounded. (4) If state or federal law prevents the Department from publishing a dataset under paragraph (3), the Department must, in its report under paragraph (1), identify the dataset and explain the reason that the dataset is confidential. (5) For the datasets published under paragraph (3), the Department must provide an explanation of terms used in the data, such as the term other to identify race or ethnicity, and guidelines regarding how to navigate the data. (6) The Department must also provide the information reported under paragraph (1) to the Advisory Commission on Policing established under Section 35-6. (d) Annual survey. (1) The Department annually must conduct an anonymous survey of residents and officers regarding police-community relations, including, at a minimum, the levels of trust communities have in the police. (2) The survey must be administered to residents in multiple languages. (3) The survey must contain demographic information, including racial, ethnic, age, gender, and geographic information, regarding respondents. (4) The Department must post the survey results on the web portal identified in Article XIV of Chapter 2. (e) The Department must designate an individual officer as the point of contact responsible for the data collection and transparency requirements under this Section. (f) The Department must post online each written agreement it has entered into with a property owner regarding the enforcement of trespass laws.

(a) Definitions. For purposes of this Section, the following terms have the meanings indicated. Active listening means a process by which parties reach a peaceful resolution to a dispute, including through the skills of: (1) managing stress quickly while remaining alert and calm; (2) controlling emotions and behavior; (3) paying attention to the words and feelings expressed by others; and (4) being aware of and respecting differences. Cadet or police cadet means a uniformed civilian employee of the Department who participates in the Cadet Program established by the Department for college students. Civic engagement means participation by community members in social and political processes designed to communicate ideas, values, and beliefs, and to promote legal, political, or social change. Community policing means a policing strategy to develop trusting relationships with the community, and to work in partnership with the community to address crime, public safety, and quality of life issues. Health means a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity. Police academy means the entry-level police training academy required by the Department for all prospective police officers. Policing history means a social, political, and historical understanding of why and how policing developed in the United States, including an examination of the transitional eras of policing (Political Era, Reform/Professional Era, and Community Era) and the structural changes that occurred under each of those eras since the mid nineteenth century. Racial equity has the meaning stated in Section 2-64A. Social justice has the meaning stated in Section 2-64A. Wellness means a positive approach to living. (b) Cadet program. The Department must collaborate and partner with local educational institutions to: (1) expand the recruitment of police cadets who reflect the diversity of the County; (2) sponsor communication sessions with prospective cadets and community members; and (3) develop internship programs for prospective cadets. (c) Police academy – required program regarding community services and social justice. (1) Prior to the commencement of field training, a member of the police academy must complete a program regarding community services and social justice. (2) The program must consist of 30 hours or their equivalent. (3) The program must be designed, in collaboration and partnership with one or more local educational institutions, to develop competency in the topics of: (A) racial equity and social justice; (B) health and wellness; (C) community policing; (D) policing history; (E) active listening and conflict resolution; and (F) civic engagement. (4) In selecting an applicant for admission into the police academy, the Department must consider: (A) the applicant’s performance in the program under this subsection; and (B) the applicant’s performance in any implicit bias test required by the Maryland Police Training and Standards Commission. (d) Continuing Education. The Department must collaborate and partner with local educational institutions and national law enforcement professional organizations to provide continuing education, as demonstrated by the awarding of Continuing Education Units (CEU’s) or similar credentialing indicating content mastery: (1) to all County police officers regarding: (A) socially just policing and community engagement; and (B) emerging topics in law enforcement, including cybersecurity, human trafficking, and proactive community engagement; (2) to executive-level police officers regarding leadership and management challenges in socially just policing; and (3) to new police sergeants regarding supervisory skills, with a focus on community policing, mentorship, and ethical leadership. (e) State requirements. The training provided under this Section must incorporate to the extent practicable, and must comply with, the requirements of the Public Safety Article of the Maryland Code, including the Maryland Use of Force Statute. Sec. 3. Effective Date. This Act must take effect on the 181st day after it becomes law.

All fees, costs and charges in any and all criminal and civil cases allowed constables under public local laws or public general laws of this state and county paid over to any member of the county police shall be paid forthwith by such member to the director of finance of the county, and the members of the county police shall not receive by way of fees, costs or otherwise any sum other than the salaries duly authorized to be paid them.

It shall be the duty of the members of the county police to serve and execute any and all writs, warrants and subpoenas and other papers issued by the circuit court for the county or the justices of the peace or the trial magistrates for the county, in the exercise of its criminal jurisdiction. No member of the county police shall receive any additional compensation for such services, and the police shall have all of the powers possessed by deputy sheriffs of the state under the general law of the state or the local laws of the county heretofore in existence, insofar as such powers are in reference to the criminal jurisdiction of such deputy sheriffs in making arrests or in any manner enforcing the laws of the state.

(a) Definitions. For purposes of this Section, the following terms have the meanings indicated. Administrative misconduct means alleged misconduct by a Department employee that, if true, could result in discipline against the employee. Body-worn camera recording or recording means a video or audio recording obtained through a camera system worn on the person of an employee of the Department. Chief or Police Chief means the Chief of the Department or the Chief’s designee. Department means the Montgomery County Police Department. Internal Affairs Division or Division means the division or unit of the Department with primary responsibility for investigating administrative misconduct by a Department employee if the investigation could result in disciplinary action against the employee. Investigation means an investigation conducted by the Division into allegations of administrative misconduct by an employee of the Department. Random review means reviewing, at regular intervals, statistically valid samples of a set, in which each item of the set has an equal opportunity of being chosen for a sample. (b) Mandatory issuance of body worn cameras. The Department must issue a body worn camera, for the use of an on-duty uniformed or plainclothes employee of the Department, whenever the employee: (1) is in uniform; or (2) prominently displays a badge or other insignia. (c) Mandatory random review of body-worn camera recordings. (1) The Professional Accountability Division of the Department must conduct periodic, random reviews of body-worn camera recordings to assess: (A) employee compliance with legal requirements and Department policy; (B) employee performance; and (C) consistency between employees’ written reports and recordings. (2) Except when performing a random review under paragraph (1), the Department must not review body-worn camera recordings, without cause, to discover acts of misconduct or instances of poor performance. (d) Mandatory review by the Internal Affairs Division. The Internal Affairs Division must investigate, in addition to any matter it is required to investigate by the Chief or under Department policy, any body-worn camera recording identified under subsection (c) that: (1) relates to potential administrative misconduct by an employee of the Department; and (2) involves: (A) a use of force under Section 35-22; (B) a child under the age of 18; (C) a potential criminal offense by a Department employee; (D) a fatality or serious bodily injury; or (E) potential discrimination or harassment by an employee on the basis of race, ethnicity, national origin, sex, sexual orientation, gender expression, gender identity, disability, or religion. (e) Monthly internal affairs reports to the Chief. At least once a month, the Internal Affairs Division must report to the Chief regarding the status of each pending investigation. For each investigation, the report must include, at a minimum: (1) the nature of the allegation; (2) the date of the complaint; (3) the name of each employee involved; (4) the name of the investigating officer; and (5) the source of the investigation, including whether the investigation arose from a random review under subsection (c). (f) Immediate reporting of certain investigations to the Chief. (1) The Internal Affairs Division immediately must report to the Chief regarding any investigation that involves: (A) a use of force under Section 35-22; (B) a child under the age of 18; (C) a potential criminal offense by a Department employee; (D) a fatality or serious bodily injury; or (E) potential discrimination or harassment by an employee on the basis of race, ethnicity, national origin, sex, sexual orientation, gender expression, gender identity, disability, or religion. (2) Within 48 hours of submitting a report under paragraph (1), the Division must provide to the Chief any body-worn camera recordings associated with the investigation. (g) Required reports to the County Executive and the County Council. Within 24 hours after receiving a report of an investigation under subsection (f), the Chief must notify the County Executive and the County Council of the existence and nature of the investigation, including: (1) the date of any complaint that precipitated the investigation; (2) the date and location of the incident under investigation; (3) the general nature of the allegations under investigation; (4) demographic information if known, including race, ethnicity, and gender information, regarding residents involved in the matter under investigation; and (5) the category of the investigation under paragraph (1) of subsection (f). (h) Required reports to the State’s Attorney. The Chief must notify the State’s Attorney regarding the existence and nature of an incident or investigation within 72 hours after the Chief: (1) receives a report under subsection (e) that involves a potential criminal offense by a Department employee; or (2) otherwise becomes aware of a potential criminal offense by a Department employee. (i) Copies of investigative files and recordings. (1) If the County Executive, the County Council, or the State’s Attorney requests a copy of an investigative file or a body-worn camera recording associated with an incident or investigation under subsections (g) or (h), the Department must provide the requested copy within 7 calendar days, unless a state or federal law: (A) requires an earlier disclosure; or (B) prohibits the disclosure. (2) The recipient of an investigative file or a body-worn camera recording under paragraph (1) must not redisclose the file or recording except in accordance with the Maryland Public Information Act or other applicable law. (j) Log of access to body-worn camera recordings. (1) The Department must maintain a log that records each instance that a person accesses or redacts a body-worn camera recording. (2) The log must include, at a minimum, the time and date of the access or redaction, and the identity of the person accessing or redacting the recording. (k) Prompt completion of internal investigations. At least once every 3 months, the Chief must report to the County Executive and the County Council regarding: (1) each investigation that is not complete within 180 days; (2) the reasons for the delay; and (3) an estimate of when the investigation will be complete.

Whenever, according to the procedure established under State law, a majority of the members of the County Police elect to be covered by the provisions of the federal Social Security Act, the Act applies to all members of the County Police in their police positions without any reduction or loss of the benefits provided them or their widows, or domestic partners, and children under the County police relief and retirement fund law. The provisions of this section do not apply to police officers whose appointments took effect on or after August 15, 1965.

It shall be the duty of the county health officer to examine all applicants for positions on the county police and to certify to the county personnel board the physical conditions of each of such applicants, and also when requested, to examine and certify to such board the physical conditions of all of the officers of the county police. For the additional services required of him by this chapter, such county health officer shall not receive additional compensation.

The county executive, subject to approval of the county council, is hereby authorized to sign and enter into a police mutual aid agreement with counties, municipal corporations and the District of Columbia, subject to the approval of the county attorney as to form and legality, with provision for future action by the elected county executive.

(a) There is an Anti-Hate/Violence Fund in the Department of Police. (b) The Department of Police may: (1) offer rewards for information that leads to the arrest of a person who commits any act in the County described in Section 27-22 or Sections 10-302 to 10-305 of the Criminal Law Article of the Maryland Code; (2) publicize the purpose of the Fund and availability of rewards, but expenses for publicity must not exceed 10 percent of the Fund without the approval of the Chief Administrative Officer; (3) make the Fund available to the Department of Fire and Rescue Services for hate/violence incidents; and (4) pay for publicity and rewards from the Fund. (c) The Fund must be made available to the Maryland-National Capital Park police for hate/violence incidents on park property. (d) A reward paid under this Section must not exceed $2,000.00. (e) The County must deposit any money it receives under Section 27-8 into the Fund. (f) The County Executive may adopt regulations under method (2) to implement this Section. (g) The Department must report to the Council and Executive by February 1 each year on the use of the Fund during the previous calendar year.

(a) In the department of police, the Chief of Police must administer the Drug Enforcement Forfeitures Fund (hereinafter the Fund). (b) The County Executive or a designee must deposit in the Fund all money that is forfeited to the County under state law as drug-related contraband. Forfeited money may include cash and: (1) proceeds from the sale of real property; (2) criminal proceeds; (3) proceeds from the sale of means of transport, including vehicles, boats, and airplanes; (4) personal property, including financial instruments; (5) funds turned over to the county by other government agencies through drug enforcement asset sharing procedures; and (6) any other funds to which the county is entitled as the result of drug forfeiture proceedings. (c) (1) The Chief of Police must use the Fund for expenses related to enforcement of laws regarding controlled dangerous substances. These expenses may include: (A) drug prevention and treatment programs; (B) Drug Court operations and programs; (C) payments to informants; (D) purchase or lease of equipment; and (E) any other expense related to enforcement of laws regarding controlled dangerous substances. (2) (A) The Chief of Police may transfer funds to another law enforcement agency if the other law enforcement agency initiated the forfeiture proceeding or was significantly involved in the arrest or investigation leading to the forfeiture. (B) The Chief of Police must transfer to the Maryland-National Capital Park Police all funds in the Fund that result from any arrest in any park under the Commission’s jurisdiction if the arrest was initiated by the Park Police and another law enforcement agency was not involved in the arrest or investigation. (d) The money in the Fund: (1) is subject to audit by the Executive; and (2) must be included and identified in any financial report of the Department. (e) The Chief of Police must provide 2 reports on the Fund to the Executive and Council as follows: (1) On March 15, a report including: (A) the beginning unreserved balance for the current fiscal year; (B) actual expenditures from July 1 to February 28 of the current fiscal year; (C) the projected expenditures for the remainder of the current fiscal year; (D) all deposits from forfeitures between July 1 and February 28 of the current fiscal year; and (E) the projected year end balance for the current fiscal year; and (2) On December 15, a report including: (A) the actual beginning unreserved balance for the current fiscal year; (B) Fund approved budget by category; (C) all deposits from forfeitures from July 1 to November 30 in the current fiscal year; and (D) the current balance as of November 30. (f) The Executive may adopt regulations under method (2) to implement this section.

(a) Definitions. In this Section, the following terms have the meanings indicated. Chief means the Montgomery County Police Chief or the Chief’s designee. Department means the Montgomery County Police Department. Priority area means one or more police districts identified and published by the Chief as needing additional security cameras based upon public safety indicators, including crime levels. Program means the private security camera incentive program established under this Section. Security camera means an outdoor surveillance camera system, with functioning digital video recording capability, that is installed on property owned or leased by an individual, business, or nonprofit organization. (b) Program established. There is a private security camera incentive program within the Department. (c) Criteria to receive a rebate or voucher. An owner or lessee of a property may qualify to receive a rebate or voucher under the program if: (1) the applicant is an individual, business, or nonprofit organization; (2) the property is located within a priority area; (3) the applicant agrees in writing that the security camera must not be used for the purpose of recording private property not owned by the applicant; (4) if the applicant is a business or a non-profit organization, the applicant agrees in writing to post notice prominently to alert visitors of the existence of the security camera; (5) the rebate or voucher is used solely to offset the costs of a security camera; (6) the application is submitted in the form and manner prescribed by the Chief; and (7) the security camera is purchased and installed after the effective date of this Section. (d) Funding and limitations. (1) The amount of a rebate or voucher under the program must not exceed the purchase cost of a security camera. (2) Rebates and vouchers provided under the program are subject to appropriation. (3) The Department may seek federal or state funding to support the program. (e) Regulations. Prior to implementation of the program, the Chief must, in consultation with stakeholders including victims and racially and ethnically diverse residents, promulgate Method (2) regulations to implement the requirements of this Section. The regulations must address: (1) the methodology used to identify a priority area; (2) the permissible collection, dissemination, use, and disposal of images recorded by a security camera purchased under the program; and (3) minimum standards for security cameras purchased under the program. (f) Annual report. The Chief must report to the Council annually regarding the implementation of the program, including the number and amount of rebates and vouchers awarded, and the efficacy of the program.

(a) Definitions. In this Section, the following terms have the meaning indicated. Business means a business that has an “other tobacco products retailer” license, a food license, a license for on-site cannabis consumption, or a liquor license where the products sold are consumed on-site at tables or at other areas designated for consumption by the business. Business does not include lodging or hospitals, as those terms are defined under Chapter 59. Department means the Office of the County Executive or one or more offices or departments designated by the County Executive. Late night business means any business that: (1) is open to the public at any time between 2:00 AM and 5:00 AM; or (2) is open to the public at any time between midnight and 2:00 AM and, within the previous 12 months, has been the subject of 2 or more service calls for law enforcement regarding alleged serious incidents occurring on or originating from the premises. Late night business safety plan means a plan approved by the Department in accordance with this Section. Relevant departments mean the Montgomery County Police Department, the Department of Environmental Protection, the Department of Permitting Services, the Department of Health and Human Services, the Regional Service Centers, and the Board of License Commissioners. Serious incident means a crime identified as a serious incident by the Department in Method (2) regulations. (b) Requirements. (1) Without first submitting a proposed late night business safety plan to the Department, a person must not operate a late night business: (A) between the hours of 2:00 AM and 5:00 AM; and (B) between the hours of midnight and 2:00 AM, if the business is a late night business under paragraph (2) of the definition of late night business. (2) After the Department provides written notice that the Department has disapproved a proposed late night business plan, a person must not operate the late night business: (A) between the hours of 2:00 AM and 5:00 AM; and (B) between the hours of midnight and 2:00 AM, if the business is a late night business under paragraph (2) of the definition of late night business. (3) After the Department approves a proposed late night business safety plan, a person who owns or operates the late night business must do so in accordance with that approved plan. (4) A late night business plan expires three years after approval, after which a late night business must obtain a new approved late night business plan from the Department in order to continue operating: (A) between the hours of 2:00 AM and 5:00 AM; and (B) between the hours of midnight and 2:00 AM, if the business is a late night business under paragraph (2) of the definition of late night business. (c) Regulations. The Department, after consultation with other relevant departments, must promulgate Method (2) regulations to implement the requirements of this Section. The regulations must establish: (1) the process for the owner or operator of a late night business to submit a proposed late night business safety plan to the Department; (2) the process for the Department to consider and approve, after consultation with other relevant departments, a proposed late night business safety plan; (3) a process for the Department and other relevant agencies to provide training to businesses regarding safety and to periodically verify compliance with a late night business safety plan; (4) in consultation with relevant departments, a template that a late night business must use to submit a proposed late night business safety plan; and (5) the minimum requirements of a late night business safety plan, which: (A) must require: (i) an emergency evacuation plan; (ii) 24-hour contact information for the business owner or manager; (iii) exterior bathroom doors that are free opening at all times, if the bathroom facilities use bathroom stalls; (iv) an acknowledgement that the business has received late night business training from the County; and (v) an acknowledgement that the business is in compliance with applicable law, and a statement regarding any resolved or pending citations issued by a government entity within the prior 3 years; and (B) may require, with written justification, any or all of the following: (i) security personnel and training; (ii) exterior lighting; and (iii) high-definition digital security cameras that provide video monitoring and recording, without audio recording capacity, of the interior and exterior of each entryway into the late night business and the cash register or till. (d) Security Camera Requirements. If a late night business safety plan requires the use of security cameras, then the plan must also require that the late night business owner or operator post signage in a conspicuous location on the interior and exterior of the business notifying the public that the late night business is subject to video surveillance monitoring. (e) The Department must not require a late night business to: (1) search patrons by the use of metal detectors, magnetometers, or pat downs; or (2) provide video recordings to the Department or other relevant departments except as required by law. (f) Appeals. A late night business may appeal the disapproval of a plan, or the identification of a business as a late night business under paragraph (2) of the definition of late night business, to the Board of Appeals under Chapter 2. (g) Penalty for violating Section. (1) Any violation of this Section is a class A violation. (2) Each day a violation continues is a separate offense. (h) Voluntary plans for certain businesses. (1) Any business that operates between the hours of midnight and 2:00 AM may submit to the Department a late night business safety plan. (2) The Department must: (A) review a plan submitted under this subsection; and (B) provide recommendations to the business regarding the plan. (i) Grant program. (1) Program established. There is a late night business safety grant program. (2) Criteria to receive a grant. A late night business, or a business that has submitted a plan and agrees to implement Department recommendations under subsection (h), may qualify to receive a grant under the program if: (A) the grant is used solely to offset the costs of implementing an approved or recommended late night business safety plan; and (B) the grant application is submitted in the form and manner prescribed by the Department. (3) Funding and limitations. (A) Grants provided under the program are subject to appropriation. (B) The Department must prioritize awarding grants to late night businesses over awarding grants to businesses that submit plans voluntarily under subsection (h). (C) The Department may seek federal or state funding to support the program. (j) Annual Reporting. The Department annually must report to the County Council regarding: (1) plans reviewed under this Section; (2) late night businesses that have not submitted late night business safety plans; (3) recommendations for the improvement of late night business safety; (4) grants provided under this Section; and (5) crime data for the area of each late night business before and after the approval of a late night business safety plan for the business. Sec. 3. Expedited Effective Date; Transition. The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date on which it becomes law. The requirements of Section 35-13D(b), added by Section 1 of this Act, must not take effect until 90 days after notice of approved regulations is published in the County Register under Section 2 of this Act.

(a) Definitions. In this Section, the following terms have the meanings indicated: Identification means a law enforcement officer’s agency or department, last name, and badge number or other identification number. Law enforcement agency means a federal, state, or local agency authorized to enforce criminal, civil, or immigration laws in the County. Law enforcement officer means a sworn member of a law enforcement agency. (b) Masks or facial coverings – prohibited. A law enforcement agency operating in the County must not wear a mask or facial covering while interacting with the public in the performance of their duties, except for: (1) medical-grade masks that are surgical or N95 respirators designed to prevent the transmission of airborne diseases; (2) masks designed to protect against exposure to smoke during a fire; (3) masks that are necessary to perform duties during a water rescue operation; (4) masks related to protection against exposure to biological or chemical agents during an incident where such agents may be present; (5) masks designed to protect against exposure to cold weather during a weather emergency declared by the County Executive or the Governor of Maryland; or (6) any other item worn to follow applicable laws on occupational health and safety or reasonable workplace accommodations. Reasonable workplace accommodation must be consistent with existing rules and regulations established by the Chief of Police. (c) Notwithstanding subsection (b) of this Section, the Special Weapons and Tactical Team (SWAT) officers are permitted to utilize gear necessary to protect their faces from physical harm while performing SWAT responsibilities. (d) Identification for law enforcement officers – requirements. (1) A law enforcement officer must wear identification on the outermost layer of clothing while in the performance of duty in the County. (2) On request of another, a law enforcement officer must verbally disclose identification while in the performance of duty in the County. (e) Reporting a violation or misconduct by a law enforcement officer. A County police officer or a member of the public who witnesses: (1) a law enforcement officer wearing a mask or face covering in violation of subsection (b); or (2) a law enforcement officer failing to display identification in violation of subsection (d) may file a complaint through an online platform designated by the Executive. (f) A violation reported under subsection (e) should include as much information as possible, including: (1) the law enforcement officer’s agency or department, last name, badge number, or other identification number; (2) the date, time, and location of the alleged violation; and (3) a description of what was observed. (g) The information submitted through the online portal may be used by the Office of the County Attorney to assist in enforcing a violation of County law under Section 1-18 and to make any appropriate referrals to third parties, including the Police Accountability Board. (h) This Section does not apply to a law enforcement officer operating in plainclothes, non-uniformed, undercover capacity, or while engaged in a covert operation. (i) Preemption. Nothing in this Section is to be interpreted or applied to create any requirement, power, or duty in conflict with any federal or state law. (j) Severability. If any provision of this Section, or any application thereof to any person or circumstance, is found to be unconstitutional or otherwise invalid by a decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining provisions of this Section, which can be implemented without the invalid provisions and, to this end, the provisions of this Section are declared to be severable. Sec. 2. Short Title. This Section is known as “The Unmask ICE Act.” Sec. 3. Sunset. Section 1 of this Act must sunset and be of no further force and effect upon the adoption of a uniform policy by the Maryland Police Training and Standards Commission prohibiting the use of face coverings or requiring identification for law enforcement officers, as required by Senate Bill 1 (2026) (cross-filed as House Bill 155 (2026)), enacted by the Maryland General Assembly on April 13, 2026.