(a) Familiarity with rules and regulations. It shall be the duty of every employee of the police to become thoroughly familiar with the rules and regulations promulgated by the director of the department of police. (b) Police functions-Eumerated. The functions of the county police are: (1) The protection of life and property. (2) The preservation of peace and order. (3) The prevention and detection of crime. (4) The arrest of violators of the law. (5) The enforcement of all laws and ordinances. (6) The prompt service of all summonses and court papers as required by law. (c) Same-Manner of carrying out functions. In carrying out the functions described in this section, all employees of the department of police shall coordinate their efforts in such manner as will tend to establish, maintain and promote the highest standard of efficiency.

(a) Definitions. In this Section, the following terms have the meanings indicated. Alternatives means tactics and methods used by a law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another person, including verbal communication, distance, warnings, deescalation tactics and techniques, tactical repositioning, and other tactics and techniques intended to stabilize the situation and reduce the immediacy of the risk so that more time, options, and resources can be called upon to resolve the situation without the use of force. With respect to the use of deadly force, such term includes the use of less lethal force. Carotid restraint means a technique applied in an effort to control or disable a subject by applying pressure to the carotid artery, the jugular vein, or the neck with the purpose or effect of controlling a subject’s movement or rendering a subject unconscious by constricting the flow of blood to and from the brain. Deadly force means force that creates a substantial risk of causing death or serious bodily injury, including the discharge of a firearm, a carotid restraint, or a neck restraint. Deescalation tactics and techniques means proactive actions and approaches used by a law enforcement officer to stabilize the situation so that more time, options, and resources are available to gain a person’s voluntary compliance and reduce or eliminate the need to use force, including verbal persuasion, warnings, tactical techniques, slowing down the pace of an incident, waiting out a subject, creating distance between the officer and the threat, and requesting additional resources to resolve the incident. Less lethal force means any degree of force that is not likely to have lethal effect. Necessary means that another reasonable law enforcement officer would objectively conclude, under the totality of the circumstances, that there was no alternative to the use of force. Neck restraint means a technique involving the use of an arm, leg, or other firm object to attempt to control or disable a subject by applying pressure against the windpipe or the neck with the purpose or effect of controlling a subject’s movement or rendering a subject unconscious by blocking the passage of air through the windpipe. Restrained individual means an individual who is under control and is not actively resisting arrest by use of intentional force that threatens serious bodily injury. Serious bodily injury means bodily injury that creates a substantial risk of death, causes a serious, permanent disfigurement, or results in long term loss or impairment of any bodily member or organ. Striking means hitting forcibly and deliberately with: a weapon; a body part such as a hand, elbow, knee, or foot; or any other implement. Totality of the circumstances means all credible facts known to the law enforcement officer leading up to and at the time of the use of force, including the actions of the person against whom the law enforcement officer uses such force and the actions of the law enforcement officer. (b) Use of force policy directive – required. (1) The Police Chief must issue a policy directive that establishes the permissible use of force by members of the police. (2) The directive must: (A) prioritize the safety and dignity of every human life; (B) promote fair and unbiased policing; and (C) protect vulnerable populations, including individuals with disabilities, children, elderly persons, pregnant individuals, persons with limited English proficiency, individuals without regard to sex, including gender identity or orientation, individuals without regard to race, persons with mental or behavioral disabilities or impairments, and populations that are disproportionately impacted by inequities. (c) Minimum standards for use of force policy. The use of force policy directive required under this Section must, at a minimum: (1) comply with the Constitutions of the United States and the State of Maryland; (2) prohibit a member of the police from using deadly force against a person unless: (A) such force is necessary, as a last resort, to prevent imminent and serious bodily injury or death to the officer or another person; and (B) the use of such force creates no substantial risk of injury to a third person; (3) prohibit a member of the police from using deadly force against a fleeing person unless: (A) such force is necessary, as a last resort, to prevent imminent and serious bodily injury or death to the officer or another person; (B) the use of such force creates no substantial risk of injury to a third person; and (C) reasonable suspicion exists that the fleeing person committed a felony that threatened or resulted in death or serious bodily injury; (4) prohibit a member of the police from striking a restrained individual; (5) require a member of the police to stop, or attempt to stop, and to report to a supervisor, another officer who is using excessive force, violating the use of force policy, or committing a crime; (6) protect a member of the police from retaliation or discipline for taking action under paragraph (5); (7) prohibit a member of the police from using a neck restraint or a carotid restraint against an individual; (8) prohibit a member of the police from shooting from a moving vehicle unless circumstances would authorize the use of deadly force; (9) prohibit a member of the police from shooting at a moving vehicle unless the vehicle is being used as a weapon and the circumstances would authorize the use of deadly force; and (10) prohibit any less lethal force unless such less lethal force is necessary and proportional in order to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense, and only after exhausting alternatives to the use of such force. (d) Policy directive regarding knocking and announcing entry into a residence - required. The Chief of Police must issue a policy directive that regulates when a member of the police may: (1) seek or participate in the execution of no-knock warrants; or (2) enter private premises without first knocking and announcing the member’s presence. (e) Minimum requirements for policy directive regarding no-knock entries into private premises. The policy directive issued under subsection (d) must, at a minimum, require that: (1) only an officer assigned to the Montgomery County Police Special Weapons and Tactics (SWAT) Team may participate in the execution of a no-knock warrant; (2) a member of the police may not enter into private premises without first knocking and announcing the member’s presence unless: (A) exigent circumstances exist; (B) other methods of serving a warrant, including methods which would mitigate risk, have been considered and have been determined to: i. pose unacceptable risk to the life or safety of executing officers or another person; or ii. be futile; (C) the crime being investigated is: i. a crime of violence as defined in Section 14-101(a) of the Criminal Law Article of the Maryland Code; ii. related to firearms possession; iii. related to a warrant obtained under Section 5-607 of the Public Safety Article of the Maryland Code; iv. related to child abuse; v. related to child pornography; vi. related to domestic violence; or vii. related to terrorism; and (D) at least one of the following factors is present: i. reasonable suspicion that a person is present at the location who has demonstrated a propensity for violence; or ii. reasonable suspicion that entry into the location has been fortified, is “booby trapped”, or has unique characteristics which would make knocking and announcing one’s presence inherently unsafe; and (3) a member of the police may not enter private premises without first knocking and announcing the member’s presence if the sole purpose of entering the premises is to prevent the destruction of evidence. (f) The Chief of Police annually must provide a public report indicating the number of no-knock search warrants served by the Montgomery County Police SWAT team, including statistics on the number of warrants served: (1) on behalf of the Montgomery County Police Department; and (2) on behalf of another agency at a location within Montgomery County. (g) The Chief of Police, in consultation with impacted persons, the Police Advisory Commission, communities, and organizations, including representatives of civil and human rights organizations, victims of police use of force, and representatives of law enforcement associations, must provide written guidance regarding: (1) the types of less lethal force and deadly force that are prohibited under this Section; and (2) how a law enforcement officer may assess whether the use of force is appropriate and necessary, and how to use the least amount of force necessary, when interacting with all individuals, including: (A) pregnant individuals; (B) children and youth under age 21; (C) elderly persons; (D) persons with mental, behavioral, or physical disabilities or impairments; (E) persons experiencing perceptual or cognitive impairments due to use of alcohol, narcotics, hallucinogenic, or other drugs; (F) persons suffering from serious medical conditions; and (G) persons suffering from mental health concerns. (h) Scope of directive. The policy directives established under this Section: (1) must dictate the conduct of members of the county police in the performance of their duties; (2) must not be construed to alter standards of civil or criminal liability; (3) must not be construed to create private rights enforceable by any person or individual; and (4) must not be construed to alter state or federal rules of evidence.

(a) Short title. This Section may be known and cited as the “Uplifting Victims and Immigrant Safety Act” (U VISA). (b) Definitions. In this Section, the following terms have the meanings indicated. Department means the Montgomery County Police Department. Enforcement means efforts to investigate, enforce, or assist in the investigation of a violation of criminal activity under state or local law. U nonimmigrant status or U visa as defined in Section 1101(a)(15)(U) of Title 8 of the United States Code, as amended. (c) U visa policy directive – compliance with federal law. A policy directive or guidance issued by the Chief of Police or designee that describes the eligibility process for certifying an individual, who has been identified as a victim of a qualifying crime, for the purpose of a U visa petition: (1) must not be more stringent than the criteria required under federal immigration law; and (2) must be consistent and not conflict with the standards and regulations under state law or federal immigration law. (d) Nothing in this Section must be construed to prevent enforcement by any member of the Department, the State’s Attorney Office, or any other investigative agency.