# Public Safety (GPS)

## Title 2. Department of State Police

### Subtitle 1. Definitions

#### Section 2-101

(a) In this title the following words have the meanings indicated.

(b) "Civilian classification" means the position held by a civilian employee.

(c) "Civilian employee" means an employee of the Department other than a police employee.

(d)

  (1) "Commissioned rank" means the ranks of Lieutenant, Captain, Major, and Lieutenant Colonel.

  (2) "Commissioned rank" does not include the Secretary.

(e) "Department" means the Department of State Police.

(f) "Grade" means the status of police employees that have the same primary areas of duty and responsibility within a rank.

(g)

  (1) "Law enforcement agency" means a law enforcement agency of a department, county, or municipal corporation of the State.

  (2) "Law enforcement agency" includes:

    (i) sheriffs; and

    (ii) similar agencies of other states and the United States.

(h)

  (1) "Noncommissioned rank" means a rank other than a commissioned rank.

  (2) "Noncommissioned rank" does not include the Secretary.

(i) "Police employee" means an employee of the Department to whom the Secretary assigns the powers contained in Sec. 2-412 of this title.

(j) "Rank" means the status, established by rule, of police employees that have the same relative position in the chain of command.

(k)

  (1) "Rule" means a rule, order, or other directive adopted by the Secretary under this article.

  (2) "Rule" does not include a regulation within the meaning of Title 10, Subtitle 1 of the State Government Article.

(l) "Secretary" means the Secretary of State Police.

### Subtitle 2. Maryland Police Training and Standards Commission

#### Section 2-201

There is a Department of State Police, established as a principal department of State government.

#### Section 2-202

(a) The Governor shall appoint the Secretary of State Police with the advice and consent of the Senate.

(b)

  (1) The appointee shall be a citizen of the United States.

  (2) The appointee shall be qualified on the basis of training, experience, and ability to discharge the duties of the Secretary.

(c) The Secretary serves at the pleasure of the Governor.

(d) The Secretary is entitled to the salary provided in the State budget.

(e)

  (1) The Secretary shall supervise and direct the affairs and operations of the Department.

  (2) The Secretary is responsible for carrying out the Governor's policies with respect to those matters specified in Titles 2, 4, 5, 11, and 14 of this article.

  (3) The Secretary shall report to the Governor.

#### Section 2-203

(a) With the approval of the Governor, the Secretary may designate without examination one police employee holding the highest commissioned rank to be deputy secretary.

(b) The deputy secretary serves at the pleasure of the Secretary.

(c) The deputy secretary:

  (1) is entitled to the salary provided in the State budget; but

  (2) may not be paid in accordance with Sec. 2-405 of this title.

(d)

  (1) The deputy secretary has the authority, responsibility, and duties assigned by the Secretary.

  (2) Whenever the Secretary is absent from the State or incapacitated, the deputy secretary has, until the Secretary returns or is no longer incapacitated, all of the powers and duties conferred by law on the Secretary.

(e) After the Secretary terminates a designation as deputy secretary, the individual:

  (1) returns to the rank held before designation as deputy secretary; and

  (2) shall then be paid in accordance with Sec. 2-405 of this title.

#### Section 2-204

(a) The Secretary and deputy secretary have throughout the State the same powers, privileges, immunities, and defenses as sheriffs, constables, police officers, and other peace officers possessed at common law and may now or in the future exercise within their respective jurisdictions.

(b) In addition to any powers set forth elsewhere, the Secretary may:

  (1) establish the organization of the Department;

  (2) create units in the Department;

  (3) define the functions, duties, and responsibilities of each unit in the Department;

  (4) redefine periodically the functions, duties, and responsibilities of any unit in the Department, whether created by the Secretary or by law;

  (5) assign and reassign employees of the Department to the duties, units, and regional facilities of the Department as the Secretary considers necessary to serve the needs of the Department and the public;

  (6) establish standards, qualifications, and prerequisites of character, training, education, and experience for employees of the Department;

  (7) establish ranks and grades and, in accordance with Title 6, Subtitle 4 of the State Personnel and Pensions Article, civilian classifications as the Secretary considers necessary and appropriate;

  (8) designate the authority, responsibility, and duties of ranks, grades, and civilian classifications and the order of succession to positions of command within the Department;

  (9) appoint, promote, reduce in rank or civilian classification, reassign, reclassify, retire, and discharge any employee of the Department in the manner required by law;

  (10) regulate attendance, conduct, training, discipline, and procedure for employees of the Department;

  (11) provide systems for periodic evaluation and improvement of the performance and physical condition of employees of the Department, including in-service training programs and courses;

  (12) establish headquarters, barracks, posts, commands, and other regional facilities in localities as necessary for the efficient performance of the duties of the Department;

  (13) close headquarters, barracks, posts, commands, and other regional facilities when their need ceases to exist;

  (14) purchase or otherwise acquire the land, facilities, equipment, or services as are considered essential for the needs of the Department or its employees in carrying out their duties, in the manner required by law;

  (15) sell or dispose of land, facilities, or equipment as they become unnecessary or unfit for further use, in the manner required by law;

  (16) establish and modify systems for receiving, processing, and maintaining:

    (i) reports and records of occurrences or alleged occurrences of crime and motor vehicle accidents in the State; and

    (ii) reports and records of the administration, management, and operations of the Department; and

  (17) establish procedures for safekeeping, copying, and destroying records of the Department.

(c) The Secretary may not exercise or perform the powers, duties, responsibilities, and functions set forth in Sec.Sec. 6-301, 6-302, and 6-501 of this article.

#### Section 2-205

(a) The Secretary may adopt rules necessary to:

  (1) promote the effective and efficient performance of the duties of the Department; and

  (2) ensure the good government of the Department and its employees.

(b) The Secretary may suspend, amend, rescind, abrogate, or cancel any rule adopted by the Secretary or any former Secretary.

#### Section 2-206

The Attorney General shall represent the Department.

#### Section 2-207

The following units are in the Department:

(1) the State Fire Prevention Commission;

(2) the office of State Fire Marshal; and

(3) any other unit determined by the Secretary to be part of the Department or established by law as part of the Department.

#### Section 2-208

(a)

  (1) Salaries, expenses, and other costs incident to the operation of the Department and the performance of its duties, in accordance with the State budget, shall be disbursed in the manner required by law.

  (2) The source of the Department's money for the costs described in paragraph (1) of this subsection shall be determined in accordance with Sec. 12-118 of the Transportation Article or as otherwise provided by law.

(b) Except as provided in Sec. 2-311 of this title or as otherwise provided by law, all other money received by the Department shall be paid into the State Treasury and credited to the use of the Department.

(c) The finances of the Department are subject to audit as provided by law.

### Subtitle 3. Powers and Duties of Department

#### Section 2-301

(a)

  (1) The Department has the general duty to safeguard the lives and safety of all persons in the State, to protect property, and to assist in securing to all persons the equal protection of the laws.

  (2) Specifically, this duty includes the responsibility to:

    (i) preserve the public peace;

    (ii) detect and prevent the commission of crime;

    (iii) enforce the laws and ordinances of the State, counties, and municipal corporations;

    (iv) apprehend and arrest criminals and those who violate or are lawfully accused of violating the laws and ordinances of the State, counties, and municipal corporations;

    (v) preserve order at public places;

    (vi) maintain the safe and orderly flow of traffic on public streets and highways;

    (vii) cooperate with and assist law enforcement agencies in carrying out their respective duties;

    (viii) investigate any death of an incarcerated individual suspected to be a homicide within or outside a correctional facility as provided in Sec. 9-602.1 of the Correctional Services Article; and

    (ix) discharge the duties and responsibilities of the Department with the dignity and in a manner that will inspire public confidence and respect.

(b) The Department shall:

  (1) administer the laws that relate to:

    (i) the sales of pistols and revolvers;

    (ii) the licensing and supervision of private detective agencies;

    (iii) the certification of private detectives and security guards;

    (iv) the registration of eavesdropping or wiretapping devices; and

    (v) the inspection of classes of motor vehicles as provided elsewhere in the Code; and

  (2) perform any other duty that may be assigned by the General Assembly.

#### Section 2-302

(a) The powers and duties of the Department with respect to law enforcement are supplemental to and concurrent with similar powers and duties conferred by law on other law enforcement agencies of the State in their respective jurisdictions.

(b)

  (1) Technological developments, changes in the population and economy of the State, and other factors directly related to proper law enforcement require effective cooperation among all law enforcement agencies in order to provide:

    (i) efficient utilization of equipment, personnel, and information; and

    (ii) prompt means of collection, analysis, and dissemination of information relevant to the duties of the law enforcement agencies.

  (2) The duties imposed on the Department by this title:

    (i) shall promote effective cooperation among law enforcement agencies; and

    (ii) do not limit the powers or responsibilities of any other law enforcement agency or make any other law enforcement agency subject to the supervision of the Department.

#### Section 2-303

(a) As provided in the State budget, the Department shall make its training facilities available to any law enforcement agency of the State and to the Police Training and Standards Commission to the extent that the training facilities and employees of the Department are available.

(b) The Secretary shall adopt rules to govern:

  (1) the extent to which the training facilities of the Department may be used;

  (2) the course of training; and

  (3) the qualifications of individuals who will use the training facilities.

#### Section 2-304

(a) The Department may permit a law enforcement agency of the State or a State unit to connect with and use a computer or communication system established by the Department for statewide use including:

  (1) a voice communication system;

  (2) a data communication system;

  (3) a message switching system;

  (4) the Maryland Interagency Law Enforcement System (MILES);

  (5) the National Crime Information Center (NCIC); and

  (6) the National Law Enforcement Telecommunications System (NLETS).

(b)

  (1) The connection with and use of a computer or communication system under this section is subject to rules adopted by the Secretary to:

    (i) promote the purposes of this title;

    (ii) ensure the effective, economical, and efficient utilization of the entire system; and

    (iii) prevent interference with the law enforcement duties of the Department.

  (2) Violation of a rule adopted under this subsection is a sufficient basis to withdraw permission to connect with and use the computer or communication system.

(c)

  (1) Except as provided in paragraph (2) of this subsection, as provided in the State budget, the State shall pay the cost of rental of the computer and communication equipment and the circuitry necessary for the equipment under this section.

  (2) A law enforcement agency that uses the Department's computer or communication system shall pay the costs of supplies and other charges for the rental or purchase of terminal devices and the circuitry necessary to connect with the Department's computer or communication system.

#### Section 2-305

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Civil child support warrant" means any of the following, when issued for the enforcement of a child support order:

    (i) an arrest warrant;

    (ii) a bench warrant;

    (iii) a body attachment issued by a circuit court; or

    (iv) a warrant for failure to appear.

  (3) "Civil protective order" means:

    (i) a temporary ex parte order issued under Sec. 4-505 of the Family Law Article;

    (ii) a protective order issued under Sec. 4-506 of the Family Law Article; or

    (iii) an order for protection, as defined in Sec. 4-508.1 of the Family Law Article, issued by a court of another state or a Native American tribe and filed with the District Court or a circuit court under Sec. 4-508.1 of the Family Law Article.

  (4) "System" means the Maryland Interagency Law Enforcement System.

(b) The Department shall:

  (1) cooperate with local child support enforcement offices and law enforcement agencies to receive, accept, and incorporate civil child support warrants in the System; and

  (2) cooperate with the Administrative Office of the Courts, the Chief Clerk of the District Court of Maryland, and the clerks of the circuit courts to receive, accept, and incorporate civil protective orders in the System.

(c)

  (1) Local child support enforcement offices and appropriate local law enforcement agencies shall be responsible for entry, maintenance, and prompt validation of civil child support warrants in the System in accordance with procedures adopted by the Department.

  (2) The clerks of the courts and appropriate local law enforcement agencies shall be responsible for entry, maintenance, and prompt validation of civil protective orders in the System in accordance with procedures adopted by the Department.

(d) A judge or law enforcement agency or officer may access the System to determine the status of:

  (1) an outstanding civil child support warrant issued by a court of the State;

  (2) an outstanding civil protective order issued by a court of the State; and

  (3) an outstanding civil protective order issued by a court of another state or an Indian tribe and filed with the District Court or a circuit court.

#### Section 2-306

(a) The Department shall collect, analyze, and disseminate information about the occurrence of motor vehicle accidents in the State.

(b) The Motor Vehicle Administration, State Highway Administration, State Postmortem Examiners Commission, commissions concerned with highway safety, and law enforcement agencies of the State shall provide information about the occurrence of motor vehicle accidents in the State to the Department at the times and in the form that the Secretary requires by rule.

#### Section 2-307

(a)

  (1) The Department shall collect, analyze, and disseminate:

    (i) information about the incidence of crime in the State; and

    (ii) information, including race and sex, on the total number of law enforcement employees, de-identified and disaggregated by:

      (1) position for civilian employees; and

      (2) rank for sworn employees.

  (2) Each law enforcement agency shall provide the Department with the information described in paragraph (1) of this subsection in the format that the Secretary requires.

(b)

  (1) The Department shall collect and analyze information about incidents apparently directed against an individual or group because of race, color, religious beliefs, sexual orientation, gender, disability, national origin, or homelessness.

  (2) Each local law enforcement agency and the State Fire Marshal shall provide the Department with the information described in paragraph (1) of this subsection.

  (3) The Department shall adopt procedures for the collection and analysis of the information described in paragraph (1) of this subsection.

  (4) The Department shall make quarterly reports to the Commission on Civil Rights about the information described in paragraph (1) of this subsection.

#### Section 2-308

(a)

  (1) Any information, records, or statistics collected under this subtitle shall be available for use by any agency or unit required to provide information to the Department.

  (2) By rule, the Secretary may establish conditions for the use or availability of the information described in paragraph (1) of this subsection as necessary:

    (i) to preserve the information;

    (ii) to protect any confidential information; or

    (iii) because of a pending prosecution.

(b)

  (1) The Department:

    (i) shall periodically publish statistics on the incidence of crime in the State; and

    (ii) at least monthly shall publish statistics about the occurrence and cause of all motor vehicle accidents in the State.

  (2) A statistical report on the incidence of crime published under this subsection may not name or otherwise identify a particular known or suspected offender.

  (3) The Department shall distribute the reports required by this subsection to:

    (i) each agency or unit that contributed information contained in the reports;

    (ii) the press; and

    (iii) any other interested person.

  (4) By rule, the Secretary may establish conditions under which reports of specific motor vehicle accidents may be made available on request to the public.

(c)

  (1) The fee for conducting a document search is $4.

  (2) The Department shall apply the money received from conducting document searches to the cost of providing this service.

#### Section 2-309

In any report issued under Sec. 2-308 of this subtitle, the Department may include recommendations to the Governor, the Secretary of Public Safety and Correctional Services, and, subject to Sec. 2-1257 of the State Government Article, the General Assembly for legislation that the report indicates is necessary or desirable to promote traffic safety or reduce crime or otherwise to ensure proper law enforcement.

#### Section 2-310

(a) Unless sufficient facilities are not available, the managing official of a correctional facility shall receive and confine an individual arrested by a police employee without warrant or on warrant from a county.

(b)

  (1) An individual confined under subsection (a) of this section:

    (i) is deemed to be in the custody of the Department; and

    (ii) shall remain confined until a court of competent jurisdiction issues a warrant or other process, or the individual is returned to the county.

  (2) Before the issuance of a warrant or process, an individual confined under subsection (a) of this section may be released only to and on written order of a police employee.

(c)

  (1) This section does not abridge the right of an individual to be taken before a judicial officer of the State promptly after arrest.

  (2) The managing official of a correctional facility in which an individual is confined under this section, shall notify the State's Attorney immediately if the individual is confined for more than 12 hours.

#### Section 2-311

(a)

  (1) This section does not apply to personal property purchased or otherwise acquired for use by the Department or to contraband.

  (2) This section does not apply to personal property retained by the Department for use as evidence in a criminal prosecution.

  (3) This section does not supersede the provisions for seizure and forfeiture contained in Titles 12 and 13 of the Criminal Procedure Article.

(b)

  (1) Except as provided in paragraph (2) of this subsection, the Department shall hold personal property that comes into the possession of the Department until the Department determines that the property is no longer needed in connection with a prosecution.

  (2) Personal property that is used as evidence in a criminal prosecution shall be retained by the Department in the same manner as other evidence retained by the Department.

(c) After the Department determines that personal property is no longer needed in connection with a prosecution, the Department shall deliver the property to the person who satisfactorily establishes the right to possession of the property and gives a proper receipt for the property.

(d)

  (1) At any time after personal property has been in the possession of the Department for 3 months and the Department determines that the property is no longer needed in connection with a prosecution, the Department shall:

    (i) give notice of the sale of the property by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence; and

    (ii) publish a description of the property and the time, place, and terms of the sale of the property in a newspaper of general circulation in Baltimore City in each of two successive weeks.

  (2) After complying with the requirements of paragraph (1) of this subsection, the Department may sell the property at public auction.

  (3) The terms and manner of sale may be established by rule.

(e) The certificate of the Department that personal property has been sold under this section is sufficient evidence of title to the property for all purposes, including the right to obtain a certificate of title or registration from an appropriate unit of the State.

(f)

  (1) The amount received from the sale of personal property in accordance with this section shall be distributed in the following order of priority:

    (i) first, to the Department in an amount equal to the expense of sale and all expenses incurred while the property was in the possession of the Department;

    (ii) second, to lienholders in order of their priority; and

    (iii) third, to the General Fund subject to paragraphs (2) and (3) of this subsection.

  (2) At any time within 3 years after the date of a sale under this section, a person who submits satisfactory proof of the right to possession of the property shall be paid, without interest, the amount distributed to the General Fund under paragraph (1)(iii) of this subsection.

  (3) A claim under paragraph (2) of this subsection is barred if more than 3 years have passed since the date of a sale under this section.

(g) This section does not create or recognize any cause, action, or defense or abridge any immunity now or in the future held by the Department, the Secretary, or an employee of the Department.

#### Section 2-312

(a) Except as provided in subsection (b) of this section, the Secretary shall charge a fee of $5 per fingerprint card to each individual who requests that the individual be fingerprinted.

(b) A fee may not be charged to an individual who is:

  (1) fingerprinted as a matter of procedure in a law enforcement action;

  (2) required to have fingerprints retaken because of any fault or error by the Department during the preparation of the fingerprint card; or

  (3) otherwise declared by the Secretary to be exempt from this section.

(c) Subject to the Administrative Procedure Act, the Secretary shall adopt regulations to carry out this section.

#### Section 2-313

(a) Each publicly owned dog used for law enforcement work by the State or a local subdivision of the State shall have a license issued by the Department under this section.

(b)

  (1) A license under this section shall be issued:

    (i) on the form prepared and provided by the Department; and

    (ii) to the law enforcement officer to whom the licensed dog is assigned.

  (2) Each license shall:

    (i) be dated and numbered;

    (ii) state the law enforcement agency to which the dog belongs; and

    (iii) describe the dog that is licensed.

  (3) A license issued under this section is valid for all dog licensing purposes anywhere in the State.

(c) A license issued under this section is in effect until the earlier of:

  (1) revocation of the license by the Department; and

  (2) removal of the licensed dog from law enforcement work.

(d)

  (1) The Department shall provide with each license a metal tag that:

    (i) is stamped "Department of State Police"; and

    (ii) bears the license number of the dog.

  (2) The tag shall be affixed to a substantial collar to be provided by the law enforcement agency to which the dog belongs.

  (3) The tag and collar shall be kept on the licensed dog at all times unless the dog is confined in a kennel or is under the personal charge of the law enforcement officer to whom the dog is assigned.

(e) The licensing responsibility of this section does not create liability for the Department or its officers or employees for any action of a licensed dog or the law enforcement officer to whom it is assigned.

#### Section 2-314

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Approved rates" means the maximum rates approved by the Department that apply to police-initiated towing and recovery services.

  (3) "Authorized tow company" means a company providing towing and recovery services at the request of the Department and designated on the tow list.

  (4) "Heavy-duty towing" means towing and recovery of a vehicle including trailers and semitrailers with a gross vehicle weight rating over 26,000 pounds.

  (5) "Light-duty towing" means towing and recovery of a vehicle including trailers or semitrailers with a gross vehicle weight rating of 10,000 pounds or less.

  (6) "Medium-duty towing" means towing and recovery of a vehicle including trailers or semitrailers with a gross vehicle weight rating from over 10,000 pounds to 26,000 pounds.

  (7) "Per pound billing" means a method of calculating a fee for towing and recovery services using a formula that considers the weight of the vehicle, equipment, or cargo that is the subject of the towing and recovery and multiplies the weight of the vehicle, equipment, or cargo by a monetary amount.

  (8) "Police-initiated towing" means the towing or recovery of a motor vehicle which was authorized, requested, or dispatched by the Department.

  (9) "Recovery" means winching, hoisting, up-righting, removing, or otherwise relocating a vehicle when the vehicle is found in a location, state, or position in which it cannot be removed from the location, state, or position using only the vehicle's own power, even if it were in complete operating condition.

  (10) "Tow list" means the list of towing businesses authorized by the Department to perform police-initiated towing services of disabled or abandoned vehicles within the Department's jurisdiction.

  (11) "Towing" means using another vehicle to move or remove a vehicle.

(b) The Department shall:

  (1) establish and maintain a tow list, by county, of qualifying tow companies for use by the Department in carrying out the duties of this subtitle; and

  (2) make the tow list available to the public on request.

(c) The Department may adopt regulations to establish standards for tow companies, including application procedures and minimum qualification requirements, and must include on the list all qualifying tow companies.

(d) The Department shall:

  (1) require a tow company that is on the tow list to ban the use of per pound billing;

  (2) establish the approved rates for light-, medium-, and heavy-duty towing and recovery that may be charged by a tow company on the tow list, based on recommendations made by the Committee on Rate Setting and Complaint Resolution for Police-Initiated Towing and Recovery established under Sec. 2-314.1 of this subtitle; and

  (3) develop a process to receive, investigate, and adjudicate complaints from a vehicle owner or operator or the owner's designee against an authorized tow company regarding the police-initiated towing of a motor vehicle, including a process to suspend or remove an authorized tow company from the tow list.

(e)

  (1) An authorized tow company may charge less than but may not charge more than the approved rates authorized by the Department for a police-initiated towing and recovery.

  (2) The approved rates for light-duty towing and recovery may not exceed 80% of the maximum approved rates for medium-duty towing and recovery charged by a tow company.

(f) If a vehicle owner or the owner's designee requests the use of a specific towing company, the Department shall honor that request and allow the vehicle owner to engage the services of the requested towing company except when:

  (1) the requested towing company cannot arrive at the location of the vehicle within a reasonable time period;

  (2) a traffic safety problem exists and the requested towing company cannot arrive at the location within 30 minutes of a police employee's arrival at the location of the vehicle; or

  (3) the vehicle is disabled in the roadway as a result of a collision or vehicle fire and the requested towing company cannot arrive within 30 minutes of a police employee's arrival at the location of the vehicle.

#### Section 2-314.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Approved rates" has the meaning stated in Sec. 2-314 of this subtitle.

  (3) "Committee" means the Committee on Rate Setting and Complaint Resolution for Police-Initiated Towing and Recovery.

  (4) "Police-initiated towing" has the meaning stated in Sec. 2-314 of this subtitle.

  (5) "Recovery" has the meaning stated in Sec. 2-314 of this subtitle.

(b) There is a Committee on Rate Setting and Complaint Resolution for Police-Initiated Towing and Recovery.

(c) The Committee consists of the following members:

  (1) two representatives of the Towing and Recovery Professionals of Maryland, appointed by the President of the Towing and Recovery Professionals of Maryland;

  (2) a representative of the Maryland Motor Truck Association, appointed by the President of the Maryland Motor Truck Association;

  (3) a representative of the Owner-Operator Independent Drivers Association, appointed by the President of the Owner-Operator Independent Drivers Association;

  (4) a representative of the Maryland Transportation Authority Police, appointed by the Secretary of Transportation;

  (5) a representative of the State Highway Administration, appointed by the Administrator of the State Highway Administration; and

  (6) a representative of the Maryland Insurance Administration, appointed by the Insurance Commissioner.

(d)

  (1) A member of the Committee shall be appointed for a 3-year term.

  (2) A member of the Committee may be reappointed at the end of the member's term.

(e) The Department shall provide staff support for the Committee.

(f) A member of the Committee:

  (1) may not receive compensation as a member of the Committee; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Committee shall:

  (1) recommend approved rates for light-duty, medium-duty, and heavy-duty towing and recovery to the Department that should be charged for police-initiated towing and recovery services;

  (2) meet at least once every 3 years to review and consider modification of the approved rates;

  (3) request information and comments from other parties of interest to assist with its work;

  (4) recommend to the Department a process for resolving towing complaints;

  (5) examine and report on insurance matters related to:

    (i) vehicles registered and insured outside the State;  and

    (ii) the cost and cleanup of cargo and debris; and

  (6) make any additional recommendations to the Department that the Committee considers appropriate.

#### Section 2-315

(a) There is a Law Enforcement Coordinating Council within the Department.

(b) The purpose of the Council is to prevent and reduce crime by:

  (1) coordinating and focusing State resources; and

  (2) ensuring interagency communications and intelligence-sharing.

(c) The Council consists of the following members:

  (1) the Secretary of Public Safety and Correctional Services, or the Secretary's designee;

  (2) the Secretary of Juvenile Services, or the Secretary's designee;

  (3) the Secretary of Human Services, or the Secretary's designee;

  (4) the Secretary of Housing and Community Development, or the Secretary's designee;

  (5) the Secretary of Emergency Management, or the Secretary's designee;

  (6) the Director of the Maryland Coordination and Analysis Center, or the Director's designee;

  (7) the Executive Director of the Governor's Office of Crime Prevention and Policy, or the Executive Director's designee;

  (8) the Secretary, or the Secretary's designee;

  (9) the chief of the largest law enforcement agency in each county, or the chief's designee;

  (10) the chief of the largest law enforcement agency in the City of Annapolis, or the chief's designee;

  (11) the chief of the largest law enforcement agency in Ocean City, or the chief's designee;

  (12) the chief of the Maryland Transit Administration Police, or the chief's designee;

  (13) the chief of the Maryland Transportation Authority Police, or the chief's designee; and

  (14) the chief of the WMATA Metro Transit Police, or the chief's designee.

(d) The Secretary shall serve as the chair of the Council.

(e) The Department shall provide staff for the Council.

(f) A member of the Council:

  (1) may not receive compensation as a member of the Council; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g)

  (1) The Council shall prepare and revise, as necessary, a comprehensive crime plan for the State or for each region of the State.

  (2) The plan under paragraph (1) of this subsection may:

    (i) identify State resources and assets that State agencies are using to:

      (1) support law enforcement activities; and

      (2) provide support services for communities with the greatest concentration of crime;

    (ii) establish law enforcement regions in the State based on public safety commonalities and priorities across jurisdictions;

    (iii) specify strategies to:

      (1) share intelligence between law enforcement agencies;

      (2) develop patrol agreements across jurisdictions; and

      (3) provide mutual aid to law enforcement agencies across jurisdictions;

    (iv) establish targeted initiatives, including initiatives relating to warrants, early crime alert and risk assessment tools, and data-sharing;

    (v) identify regions for the establishment of regional law enforcement councils under Sec. 2-316 of this subtitle; and

    (vi) identify areas where law enforcement agencies can collaborate to provide support and human services to individuals most likely to be victims or perpetrators of crime.

(h)

  (1) The Council shall meet at least twice each year.

  (2) The Governor, or the Governor's designee, shall attend at least one meeting of the Council each year.

(i) The Council may invite other chiefs of law enforcement entities to participate in the Council.

(j) On or before December 1 each year, the Council shall submit a report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly concerning its activities and recommendations.

#### Section 2-316

(a) The Department shall establish a regional law enforcement council for each of the regions established by the Law Enforcement Coordinating Council under Sec. 2-315 of this subtitle.

(b) The purpose of each regional council is to prevent and reduce crime by:

  (1) coordinating and focusing State and local resources; and

  (2) ensuring interagency communications and intelligence-sharing.

(c) Each regional council shall consist of the following members:

  (1) the Secretary of Public Safety and Correctional Services, or the Secretary's designee;

  (2) the Secretary of Juvenile Services, or the Secretary's designee;

  (3) the Secretary of Human Services, or the Secretary's designee;

  (4) the Secretary of Housing and Community Development, or the Secretary's designee;

  (5) the Secretary of Emergency Management, or the Secretary's designee;

  (6) the Director of the Maryland Coordination and Analysis Center, or the Director's designee;

  (7) the Secretary, or the Secretary's designee; and

  (8) the chiefs of the law enforcement agencies with jurisdiction in each region, or their designees.

(d) The members of each regional council shall select the chair of the regional council.

(e) The Department shall provide staff for each regional council.

(f) Each regional council shall meet to:

  (1) share intelligence;

  (2) identify regional crime trends;

  (3) strategize the deployment of resources to prevent and respond to regional crime, particularly violent crime;

  (4) review outstanding warrants in the region; and

  (5) discuss community engagement efforts, technology, and training programs.

(g) Each regional council shall meet at least quarterly.

(h) On or before December 1 each year, each regional council shall submit a report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly concerning the council's activities and recommendations.

### Subtitle 4. Police Employees and Civilian Employees

#### Section 2-401

(a) If there are inconsistencies between this article and the State Personnel and Pensions Article, this article controls as to any matter that relates to the Department.

(b) Except as expressly provided in this article, the State Personnel and Pensions Article does not apply to or affect the compensation, rank, grade, or status of police employees.

(c) Except as expressly provided in this article, the compensation, civilian classification, and status of civilian employees shall be determined in accordance with the State Personnel and Pensions Article.

#### Section 2-402

(a)

  (1) In accordance with the State budget, the Secretary shall appoint the employees that the Secretary considers necessary for the efficient administration of the Department.

  (2) The Secretary shall make each appointment from a list of eligible candidates in accordance with the State Personnel and Pensions Article.

(b) Each appointee to the Department shall:

  (1) be a resident of the State on the date of appointment; and

  (2) have the character, education, and other qualifications established by the Secretary under this title.

#### Section 2-402.1

When the Department advertises for or recruits new employees, the Department shall include advertising that is targeted toward racial and ethnic communities or other individuals that are underrepresented in the Department workforce, including advertising in newspapers or on radio stations whose primary audience is the underrepresented communities and individuals.

#### Section 2-403

(a) Each police employee, including an individual who is appointed to the Department for training before regular assignment as a police employee, shall remain in probationary status for a period of 2 years after the date of appointment to the Department.

(b) Each civilian employee shall remain in probationary status for the period required under Title 7, Subtitle 4 of the State Personnel and Pensions Article.

(c) Each deputy State fire marshal, including an individual who is appointed to the Office of the State Fire Marshal for training before regular assignment as a deputy State fire marshal, shall remain in probationary status for a period of 2 years after the date of appointment to the Office of the State Fire Marshal.

#### Section 2-404

(a) In this section, "obsolete rank" means a rank designated by the Secretary to which no further promotions will be made.

(b) The Secretary shall make all promotions.

(c)

  (1) Promotion to a rank, except deputy secretary, shall be made in the manner required by rule.

  (2) For a noncommissioned rank that has fewer than 25 police employees, the Secretary by rule may direct that it is unnecessary to fill the noncommissioned rank for purposes of promotion.

  (3)

    (i) This paragraph does not apply to a rank that requires technical knowledge.

    (ii) Except as provided in subsection (d) of this section, a police employee may not be appointed or promoted to a rank unless the police employee:

      (1) is bypassing an obsolete rank and currently fills the rank immediately below the obsolete rank; or

      (2) has filled the rank immediately below the rank to which the police employee is to be promoted.

(d)

  (1) Notwithstanding any other provision of law, the Secretary may appoint without examination:

    (i) a police employee who holds a commissioned rank to the rank of Major; and

    (ii) a police employee who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel.

  (2) A police employee appointed in accordance with this subsection continues to serve at the pleasure of the Secretary.

  (3) Notwithstanding any other provision of law, on termination of an appointment under this subsection, the police employee may:

    (i) return to the rank held before the appointment; or

    (ii) be promoted to a higher rank to which the police employee became eligible for promotion during the appointment.

(e) An incumbent police employee in an obsolete rank remains in that rank until promoted, demoted, retired, or terminated.

(f) Promotions of civilian employees shall be made in accordance with the State Personnel and Pensions Article.

#### Section 2-405

(a)

  (1) The Secretary shall develop a pay plan for police employees, State Police communications operators, and State Police communications supervisors that includes the ranks and the grades within ranks that the Secretary considers appropriate.

  (2) The pay plan under this subsection:

    (i) is subject to approval by the Secretary of Budget and Management; and

    (ii) is effective on approval by the Governor only to the extent that sufficient money is included in the State budget.

(b) Each police employee, State Police communications operator, and State Police communications supervisor is entitled to receive the pay rate, including any increment based on length of service, set forth in the pay plan established under subsection (a) of this section.

(c)

  (1) Each police employee is entitled to the pay rate for the next highest step within the police employee's rank on:

    (i) each July 1, if the police employee was a police employee on July 1, 1967; or

    (ii) each anniversary of the date of employment, for all other police employees.

  (2) On promotion a police employee or a deputy State fire marshal is entitled to the pay specified for the new rank in the same step that the police employee or deputy State fire marshal occupied before promotion.

#### Section 2-406

(a)

  (1) The Secretary may approve vouchers in payment of expenses incurred by employees in the discharge of their duties, including expenses for lodging and subsistence while an employee is away from the facility to which the employee is regularly assigned.

  (2) The vouchers shall be:

    (i) audited and paid in accordance with the State budget in the manner required by law; and

    (ii) submitted in a manner consistent with the practices required by the Comptroller's office.

  (3) Lodging and subsistence provided to employees at facilities of the Department:

    (i) are not expenses within the meaning of this section; and

    (ii) may be provided by the Department in accordance with the State budget and rule of the Secretary.

(b)

  (1) In a civil or criminal case, other than a disciplinary proceeding or an appeal from a disciplinary proceeding, when a police employee is charged with the commission of a wrong as the result of an act done in the course of the police employee's official duties, the Secretary may pay any part of the legal expenses of the police employee if:

    (i) the Secretary determines that payment is in the best interests of the Department, the public, and the police employee; and

    (ii) the Attorney General approves the payment.

  (2) Payment of legal expenses under this subsection may be made in accordance with the State budget or from general or contingency funds of the Department.

#### Section 2-407

(a)

  (1) The Department shall provide uniforms and equipment necessary for the performance of the duties of employees in accordance with the State budget.

  (2) Uniforms and equipment shall be purchased by the Department in accordance with Division II of the State Finance and Procurement Article and remain the property of the State.

(b)

  (1) Subject to paragraph (2) of this subsection, the Secretary may grant permission to off-duty police employees to use police vehicles during off-duty hours if, in the opinion of the Secretary, the vehicles will not be needed by on-duty police employees.

  (2) Only the police employees to whom permission has been granted to use the police vehicles may operate the police vehicles.

#### Section 2-408

(a) Except as allowed by this article, Title 9 or Title 10 of the Labor and Employment Article, or rule, an employee of the Department may not receive money or any other thing of value for services performed by the employee as an employee of the Department or otherwise resulting from employment by the Department.

(b) When an employee is allowed by the Secretary to accept money or any other thing of value, the money or other thing of value shall be delivered to the Department and disposed of as provided by rule.

#### Section 2-409

(a) There is a Sick Leave Reserve.

(b) The Secretary shall administer the Sick Leave Reserve.

(c) The Secretary shall adopt rules and regulations about the eligibility of police employees to withdraw sick leave from the Sick Leave Reserve including:

  (1) a requirement that the police employee have a long-term illness and be unable to work; and

  (2) the length of time for which a police employee may receive sick leave.

(d) With the approval of the Secretary, a police employee may donate up to 2 days of sick leave each year to the Sick Leave Reserve.

(e)

  (1) The Secretary may transfer days of sick leave that have been accumulated in the Sick Leave Reserve to a police employee who:

    (i) has a documented medical disability; and

    (ii) has exhausted all forms of leave.

  (2) The Secretary may not transfer sick leave under this section to a police employee who has been granted disability retirement by the board of trustees of the State retirement systems for use after the first date on which disability retirement may become effective.

#### Section 2-410

(a) The Secretary may grant work-related administrative leave to a police employee who is temporarily disabled in the performance of the police employee's work if the disability resulted from an injury or illness sustained in the performance of the police employee's work.

(b)

  (1) The work-related administrative leave remains in effect until the police employee is returned to duty or is retired because of the injury or illness from which the disability resulted.

  (2) However, the work-related administrative leave may not:

    (i) exceed 2 years; and

    (ii) extend beyond the second anniversary of the date of the injury or illness.

(c)

  (1) Payment to a police employee on work-related administrative leave is based on two-thirds of the police employee's regular pay.

  (2) Payment for work-related administrative leave is a separate benefit on account of accidental disability and is not a continuation of salary.

  (3) Notwithstanding the reduced rate at which a police employee is paid while on work-related administrative leave, the police employee:

    (i) continues seniority and leave accruals based on the police employee's regular pay; and

    (ii) does not lose health care benefits with the subsidy allowed in Title 2, Subtitle 5 of the State Personnel and Pensions Article solely because the police employee is on work-related administrative leave.

  (4) A police employee may not receive temporary total disability benefits under the Maryland Workers' Compensation Act while the police employee is receiving payment under this section.

#### Section 2-411

(a) If authorized by the Secretary:

  (1) a police employee may work an alternative workday; or

  (2) a 40-hour civilian employee may work an alternative workday of not more than 12 hours instead of an 8-hour workday.

(b)

  (1) Employees who participate in the alternative modified workday program are entitled to compensation in accordance with Sec. 8-305 of the State Personnel and Pensions Article.

  (2) Personal leave for these employees shall be based on an 8-hour workday.

#### Section 2-412

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Emergency" means a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or from an unlawful act.

  (3) "Municipal corporation" includes Baltimore City.

(b)

  (1) Police employees have throughout the State the same powers, privileges, immunities, and defenses as sheriffs, constables, police officers, and other peace officers possessed at common law and may now or in the future exercise within their respective jurisdictions.

  (2) A police employee may execute an arrest warrant in any part of the State without further endorsement.

(c) Police employees may not act within the limits of a municipal corporation that maintains a police force except:

  (1) when in pursuit of a criminal or suspect;

  (2) when in search of a criminal or suspect wanted for a crime committed outside of the limits of the municipal corporation or when interviewing or seeking to interview a witness or supposed witness to the crime;

  (3) when a crime is committed in the presence of the police employee, and the arrested party must be immediately transferred to the custody of the local law enforcement agency;

  (4) when requested to act by the chief executive officer or chief police officer of the municipal corporation;

  (5) when ordered by the Governor to act within the municipal corporation;

  (6) when enforcing the motor vehicle laws of the State, except in Baltimore City;

  (7) in Baltimore City, only when enforcing Title 23 of the Transportation Article or if acting in accordance with a memorandum of understanding described in Sec. 4-1501 of this article;

  (8) in any building or place when ordered by either the President of the Senate or the Speaker of the House of Delegates to guard the safety of legislators or the integrity of the legislative process;

  (9) to protect the safety of an elected State official;

  (10) in the municipal corporations of Somerset County;

  (11) when conducting investigations relating to or otherwise enforcing Sec.Sec. 3-324, 3-804, 3-805, 3-902, 3-1102, 3-1103, 7-302, 11-207, 11-208, 11-303, 11-304, 11-305, 11-306, and 11-307 of the Criminal Law Article;

  (12)

    (i)

      (1) when participating in a joint investigation with officials from another State, federal, or local law enforcement agency at least one of which has local jurisdiction;

      (2) when rendering assistance to a police officer;

      (3) when acting at the request of a local police officer; or

      (4) when an emergency exists; and

    (ii) when acting in accordance with regulations adopted by the Secretary to implement this item; or

  (13) when conducting an investigation under Sec. 9-602.1 of the Correctional Services Article.

(d) A police employee may not be placed on detached service and act for a federal department, agency, or committee outside of the State without the written approval of the Governor or as otherwise provided by law.

#### Section 2-413

A police employee may not be demoted or otherwise affected in rank, pay, or status except for cause.

#### Section 2-414

Employment of an employee of the Department ends on the death, retirement, resignation, or termination of the employee.

#### Section 2-415

(a)

  (1) Retirement shall occur in accordance with the State Personnel and Pensions Article.

  (2) Except for the Secretary, retirement is mandatory as provided in Sec. 24-401(c) of the State Personnel and Pensions Article.

(b)

  (1) The Secretary may apply for disability retirement on behalf of a police employee in accordance with Sec. 29-103 of the State Personnel and Pensions Article.

  (2) This subsection does not prevent a police employee from exercising the individual's rights under Sec. 21-111 of the State Personnel and Pensions Article.

(c)

  (1) Notwithstanding any other provision of law, a police employee, on retirement in good standing, may keep or acquire the handgun issued by the State to that police employee if:

    (i) the police employee reimburses the Department for the replacement value of the handgun; and

    (ii) the Secretary authorizes the transaction.

  (2) The Secretary shall adopt regulations necessary to carry out this subsection.

#### Section 2-416

Resignation of an employee is not valid until accepted by the Secretary, but the Secretary may not withhold acceptance unless proceedings for termination are contemplated or pending.

#### Section 2-417

(a) An employee, other than an employee in probationary status, may be terminated from employment only in accordance with the State Personnel and Pensions Article.

(b) The Secretary may terminate the employment of an employee in probationary status for any reason that the Secretary considers sufficient.

#### Section 2-418

(a)

  (1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a police employee who resigns from the Department for any reason may not be reappointed.

  (2) A police employee who resigns to enter the uniformed services may be reappointed.

  (3) By rule, the Secretary may reappoint a police employee who resigned in good standing if the individual meets the requirements then applicable for initial appointment.

  (4) An individual may not be reappointed to a rank higher than the rank that the individual previously held as a police employee.

(b) An employee who is terminated from the Department may not be reappointed.

### Subtitle 5. Statewide Dna Database System

#### Section 2-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Burglary" includes the crimes enumerated in Sec.Sec. 6-202, 6-203, and 6-204 of the Criminal Law Article.

(c)

  (1) "CODIS" means the Federal Bureau of Investigation's "Combined DNA Index System" that allows the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories.

  (2) "CODIS" includes the national DNA index administered and operated by the Federal Bureau of Investigation.

(d) "Crime Laboratory" means the Forensic Sciences Division of the Department.

(e)

  (1) Except as provided in paragraph (2) of this subsection, "crime of violence" has the meaning stated in Sec. 14-101 of the Criminal Law Article.

  (2) "Crime of violence" does not include mayhem.

(f) "Director" means the Director of the Crime Laboratory or the Director's designee.

(g) "DNA" means deoxyribonucleic acid.

(h)

  (1) "DNA record" means DNA information stored in CODIS or the statewide DNA database system.

  (2) "DNA record" includes the information commonly referred to as a DNA profile.

(i) "DNA sample" means a body fluid or tissue sample that is:

  (1) provided by an individual who is convicted of a felony or a violation of Sec. 6-205 or Sec. 6-206 of the Criminal Law Article;

  (2) provided by an individual who is charged with:

    (i) a crime of violence or an attempt to commit a crime of violence; or

    (ii) burglary or an attempt to commit burglary; or

  (3) submitted to the statewide DNA database system for testing as part of a criminal investigation.

(j) "Statewide DNA database system" means the DNA record system administered by the Department for identification purposes.

(k) "Statewide DNA repository" means the State repository of DNA samples collected under this subtitle.

#### Section 2-502

(a) There is a statewide DNA database system in the Crime Laboratory.

(b) The statewide DNA database system is the central repository for all DNA testing information as provided in this subtitle.

(c) The Director shall:

  (1) administer and manage the statewide DNA database system;

  (2) consult with the Secretary on the adoption of appropriate regulations for protocols and operations of the statewide DNA database system;

  (3) ensure compatibility with Federal Bureau of Investigation and CODIS requirements, including the use of comparable test procedures, quality assurance, laboratory equipment, and computer software;

  (4) ensure the security and confidentiality of all records in the statewide DNA database system; and

  (5) provide for a liaison with the Federal Bureau of Investigation and other criminal justice agencies related to the State's participation in CODIS or in any DNA database designated by the Department.

(d) The Crime Laboratory shall:

  (1) receive DNA samples for analysis, classification, storage, and disposal;

  (2) file the DNA record of identification characteristic profiles of DNA samples submitted to the Crime Laboratory; and

  (3) make information that relates to DNA samples and DNA records available to other agencies and individuals as authorized by this subtitle.

(e) The Director may contract with a qualified DNA laboratory to complete DNA typing analyses if the laboratory meets the guidelines established by the Director.

(f) Subject to Sec. 2-511 of this subtitle, records of testing shall be permanently retained on file at the Crime Laboratory.

#### Section 2-503

(a) After consulting with the Director, the Secretary shall adopt appropriate regulations:

  (1) for protocols and operations of the statewide DNA database system;

  (2) to govern the methods used to obtain information from the statewide DNA database system and CODIS, including procedures to verify the identity and authority of the individual or agency that requests the information; and

  (3) to govern the procedures used:

    (i) to collect, submit, identify, analyze, store, and dispose of DNA samples; and

    (ii) to allow access to and dissemination of typing results and personal identification information of DNA samples that are submitted under this subtitle.

(b) Each procedure adopted by the Director shall include quality assurance guidelines to ensure that DNA records meet standards and audit requirements for laboratories that submit DNA records for inclusion in the statewide DNA database system and CODIS.

#### Section 2-504

(a)

  (1) In accordance with regulations adopted under this subtitle, an individual who is convicted of a felony or a violation of Sec. 6-205 or Sec. 6-206 of the Criminal Law Article shall:

    (i) have a DNA sample collected either at the time of sentence or on intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or

    (ii) provide a DNA sample as a condition of sentence or probation, if the individual is not sentenced to a term of imprisonment.

  (2) An individual who was convicted of a felony or a violation of Sec. 6-205 or Sec. 6-206 of the Criminal Law Article on or before October 1, 2003 and who remains confined in a correctional facility on or after October 1, 1999, shall submit a DNA sample to the Department.

  (3)

    (i) In accordance with regulations adopted under this subtitle, a DNA sample shall be collected from an individual who is charged with:

      (1) a crime of violence or an attempt to commit a crime of violence; or

      (2) burglary or an attempt to commit burglary.

    (ii) At the time of collection of the DNA sample under this paragraph, the individual from whom a sample is collected shall be given notice that the DNA record may be expunged and the DNA sample destroyed in accordance with Sec. 2-511 of this subtitle.

    (iii) DNA evidence collected from a crime scene or collected as evidence of sexual assault at a hospital that a law enforcement investigator considers relevant to the identification or exoneration of a suspect shall be tested as soon as reasonably possible following collection of the sample.

  (4) An individual required to register as a sex offender under Sec. 11-704 of the Criminal Procedure Article shall have a DNA sample collected by the supervising authority where the individual is initially required to register.

(b) In accordance with regulations adopted under this subtitle, each DNA sample required to be collected under this section shall be collected:

  (1) by an individual who is:

    (i) designated by the Director; and

    (ii) trained in the collection procedures that the Crime Laboratory uses; and

  (2)

    (i) at the time the individual is charged, by an employee of a booking facility or the arresting agency;

    (ii) after a conviction of a qualifying crime under subsection (a)(1) of this section:

    (1) by an employee of a correctional facility at the time of intake at the correctional facility where the individual is confined, if the individual is confined in a correctional facility on or after October 1, 2003, or is sentenced to a term of imprisonment on or after October 1, 2003;

    (2) at a facility specified by the Director, if the individual is on probation or is not sentenced to a term of imprisonment; or

    (3) at a suitable location in a circuit court following the imposition of sentence; or

    (iii) at the time of registration as a sex offender under Sec. 11-704 of the Criminal Procedure Article, by the supervising authority where the individual is initially required to register, if applicable.

(c) Before releasing an individual from custody, the custodial agency or correctional facility shall ensure that the individual's DNA sample has been collected in accordance with this section.

(d)

  (1) In this subsection, "police officer" has the meaning stated in Sec. 3-301 of this article.

  (2) A DNA sample collected from an individual charged with a crime under subsection (a)(3) of this section may only be tested or placed in the statewide DNA database system:

    (i) if:

      (1) a determination is made by a judge or commissioner of the District Court or a judge of the circuit court, based on an application for a statement of charges filed by a police officer or a State's Attorney, that probable cause exists for a qualifying crime in accordance with the Maryland Rules;

      (2) the individual has been arrested for a qualifying crime in accordance with an arrest warrant based on an application for a statement of charges filed by a police officer or a State's Attorney;

      (3) an information is filed by a State's Attorney for a qualifying crime in accordance with Sec. 4-102 of the Criminal Procedure Article; or

      (4) an indictment is returned by a grand jury charging the individual with a qualifying crime; or

    (ii) unless requested or consented to by the individual as provided in paragraph (4) of this subsection.

  (3) If all qualifying criminal charges are determined to be unsupported by probable cause:

    (i) the DNA sample shall be immediately destroyed; and

    (ii) notice shall be sent to the defendant and counsel of record for the defendant that the sample was destroyed.

  (4) An individual may request or consent to have the individual's DNA sample processed prior to a probable cause determination for the sole purpose of having the sample checked against a sample that:

    (i) has been processed from the crime scene or the hospital; and

    (ii) is related to the charges against the individual.

(e) A second DNA sample shall be taken if needed to obtain sufficient DNA for the statewide DNA database system or if ordered by the court for good cause shown.

(f) Failure of an individual who is not sentenced to a term of imprisonment to provide a DNA sample within 90 days after notice by the Director is a violation of probation.

(g)

  (1) An individual may not refuse to provide a DNA sample in accordance with this section.

  (2) An individual who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(h)

  (1) An employee who attempts to collect a DNA sample in accordance with this section, but is unable to collect the sample because the individual who is required to submit the sample refuses to do so, shall be deemed to have discharged the employee's duty under this section.

  (2) A refusal to submit a DNA sample as required under this section shall be referred to the State's Attorney's office for prosecution under subsection (g) of this section.

#### Section 2-505

(a) To the extent fiscal resources are available, DNA samples shall be collected and tested:

  (1) to analyze and type the genetic markers contained in or derived from the DNA samples;

  (2) as part of an official investigation into a crime;

  (3) to help identify human remains;

  (4) to help identify missing individuals; and

  (5) for research and administrative purposes, including:

    (i) development of a population database after personal identifying information is removed;

    (ii) support of identification research and protocol development of forensic DNA analysis methods; and

    (iii) quality control.

(b)

  (1) Only DNA records that directly relate to the identification of individuals shall be collected and stored.

  (2) DNA records may not be used for any purposes other than those specified in this subtitle.

#### Section 2-506

(a) Each DNA record of identification characteristics that results from DNA testing under this subtitle shall be stored and maintained only by the Crime Laboratory in the statewide DNA database system, except as necessary to participate in CODIS.

(b) Each DNA sample obtained under this subtitle shall be stored securely and maintained only by the Crime Laboratory in the statewide DNA repository.

(c) Typing results shall be stored securely in the statewide DNA database system.

(d) A person may not perform a search of the statewide DNA database for the purpose of identification of an offender in connection with a crime for which the offender may be a biological relative of the individual from whom the DNA sample was acquired.

#### Section 2-507

At regular intervals not exceeding 180 days, the Crime Laboratory and each analyst who performs DNA analyses at the Crime Laboratory shall undergo external proficiency testing, including at least one external blind test, by a DNA proficiency testing program that meets the standards issued under:

(1) Sec. 1003 of the federal DNA Identification Act of 1994 (42 U.S.C. Sec. 14131); or

(2) the guidelines for a quality assurance program for DNA analysis, known as the "TWGDAM" guidelines.

#### Section 2-508

(a)

  (1) On written or electronic request after verification by the Director that a match has been made in the population database, the typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system may be made available to:

    (i) federal, State, or local law enforcement agencies;

    (ii) crime laboratories that have been approved by the Director and that serve federal, State, and local law enforcement agencies;

    (iii) a State's Attorney's office or other prosecutorial office; and

    (iv) a person participating in a judicial proceeding in which the database information may be offered as evidence.

  (2) A request for DNA information under paragraph (1) of this subsection must be in furtherance of a purpose set forth in Sec. 2-505 of this subtitle.

(b)

  (1) The typing results and personal identification information of the DNA profile of an individual in the statewide DNA database system shall be made available to a defendant or defendant's counsel on written order of the court in which the case is pending.

  (2) A search of the database to determine the existence of a match to DNA obtained from crime scene evidence taken in relation to the crime for which a defendant is charged shall be conducted if:

    (i) the defendant requests the search; and

    (ii) a court issues a written order for the search.

  (3) This subtitle does not limit a court from ordering discovery of a DNA record or other related material in a criminal case.

  (4) The Director shall maintain a file of all orders issued under this subsection.

#### Section 2-509

(a) The Director shall create a population database composed of DNA samples collected under this subtitle.

(b) All personal identifiers shall be removed before information is entered into the population database.

(c)

  (1) Nothing shall prohibit the sharing or disseminating of population database information with:

    (i) federal, State, or local law enforcement agencies;

    (ii) crime laboratories that have been approved by the Director and that serve federal, State, and local law enforcement agencies;

    (iii) a State's Attorney's office; or

    (iv) a third party that the Director considers necessary to assist the Crime Laboratory with statistical analyses of the population database.

  (2) The population database may be made available to and searched by any agency that participates in CODIS.

#### Section 2-510

A match obtained between an evidence sample and a database entry may be used only as probable cause and is not admissible at trial unless confirmed by additional testing.

#### Section 2-511

(a)

  (1) Except as provided in paragraph (3) of this subsection, an individual's DNA samples and records that are collected in accordance with Sec. 2-504(a)(3) of this subtitle shall be destroyed and expunged automatically from the statewide DNA database system if:

    (i) a criminal action begun against the individual relating to the crime does not result in a conviction of the individual;

    (ii) the conviction is finally reversed or vacated and no new trial is permitted; or

    (iii) the individual is granted an unconditional pardon.

  (2) Except as provided in paragraph (3) of this subsection, a DNA sample collected, but not tested, from an individual charged with a crime under Sec. 2-504(a)(3) of this subtitle shall be destroyed and expunged if:

    (i) at least 2 years have passed from the date of collection of the DNA sample; and

    (ii) the DNA sample failed to meet the requirements for testing.

  (3) A DNA sample or DNA record may not be destroyed or expunged automatically from the statewide DNA database system if:

    (i) the criminal action is put on the stet docket;

    (ii) the individual receives probation before judgment; or

    (iii) the trial for a qualifying charge under Sec. 2-504(a)(3) of this subtitle remains pending for any reason.

(b) If the DNA sample or DNA record was obtained or generated only in connection with a case in which eligibility for expungement has been established, the DNA sample shall be destroyed and the DNA record shall be expunged.

(c) Any DNA record expunged in accordance with this section shall be expunged from every database into which it has been entered, including local, State, and federal databases.

(d) An expungement or destruction of sample under this section shall occur within 60 days of an event listed in subsection (a) of this section.

(e) Written notice documenting expungement of the DNA record and destruction of the DNA sample shall, in accordance with regulations adopted by the Director, be sent by the Director to the defendant and the defendant's attorney at the address specified by the court in the order of expungement.

(f) A record or sample that qualifies for expungement or destruction under this section and is matched concurrent with or subsequent to the date of qualification for expungement:

  (1) may not be utilized for a determination of probable cause regardless of whether it is expunged or destroyed timely; and

  (2) is not admissible in any proceeding for any purpose.

(g) The Director shall adopt regulations to comply with this section.

#### Section 2-512

(a) A person who, by virtue of employment or official position, has possession of or access to individually identifiable DNA information contained in the statewide DNA database system or statewide DNA repository may not willfully disclose the information in any manner to a person or agency not entitled to receive the information.

(b) A person may not, without authorization, willfully obtain individually identifiable DNA information from the statewide DNA database system or statewide DNA repository.

(c) A person may not willfully test a DNA sample for information that does not relate to the identification of individuals as specified in this subtitle.

(d) A person may not willfully fail to destroy a DNA sample for which, under this subtitle:

  (1) notification has been sent stating that the DNA sample has been destroyed; or

  (2) destruction has been ordered.

(e) A person who violates subsection (a), (b), or (c) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(f) A person who violates subsection (d) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000.

#### Section 2-513

(a)

  (1)

    (i) On or before April 1, 2010, and on or before April 1 annually thereafter, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly, on the status of the statewide DNA database system as specified in subsection (b) of this section.

    (ii) On or before January 31, 2010, and on or before January 31 annually thereafter, local law enforcement agencies shall report to the Department for the preceding calendar year with the information necessary for the Department to comply with the requirements of subsection (b) of this section.

  (2) The annual report shall be posted on the Department website on or before April 1 of each year.

(b) The annual report shall include, for the preceding calendar year:

  (1) total expenses incurred for the operation and management of the DNA database and DNA testing program, specifying the actual and human resource costs of DNA collection and transport, DNA analyses, database operation and oversight, and State laboratory personnel and maintenance;

  (2) total funding provided by the State to each forensic crime laboratory in the preceding year;

  (3) a statistical analysis of the racial demographics of individuals who have been charged with a crime of violence or burglary, or attempt to commit a crime of violence or burglary, as defined in Sec. 2-501 of this subtitle;

  (4) the number of DNA samples collected from individuals charged with a crime of violence or burglary, or attempt to commit a crime of violence or burglary, as defined in Sec. 2-501 of this subtitle;

  (5) the sufficiency of protocols and procedures adopted to prevent the unlawful testing of DNA and ensure the expungement of DNA as required under this subtitle; and

  (6) a detailed analysis of the investigations aided by DNA profiles that includes:

    (i) the number of matches;

    (ii) the number of matches that resulted in investigation of the person identified;

    (iii) the number of matches that resulted in formal charges;

    (iv) the number of matches that resulted in convictions;

    (v) the number of matches that resulted in exonerations;

    (vi) the number of matches that resulted in convictions for persons not already incarcerated; and

    (vii) the prior offenses for which a person has been convicted where a match occurred.

#### Section 2-514

(a) On or before April 1, 2010, and on or before April 1 of every even-numbered year thereafter, each local law enforcement unit shall report to the Governor's Office of Crime Prevention and Policy on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the Governor's Office of Crime Prevention and Policy on the status of crime scene DNA collection statewide for the preceding calendar year, including:

  (1) the crimes for which crime scene DNA evidence is routinely collected;

  (2) the approximate number of crime scene DNA evidence samples collected during the preceding year for each category of crime;

  (3) the average time between crime scene DNA evidence collection and analysis;

  (4) the number of crime scene DNA evidence samples collected and not analyzed at the time of the study;

  (5) the number of crime scene DNA evidence samples submitted to the statewide DNA database during the preceding year; and

  (6) the number of crime scene DNA evidence samples, including sexual assault evidence, collected by hospitals in the county during the preceding year.

(b) The Governor's Office of Crime Prevention and Policy shall compile the information reported by the local law enforcement units and the Department under subsection (a) of this section and submit an annual summary report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

### Subtitle 6. Local Division

#### Section 2-601

(a) There is a Local Division in the Department.

(b) The Department may have and provide the employees, buildings, equipment, facilities, and other operating materials for the Local Division as provided in the State budget.

(c) The employees in the Local Division are in addition to the regular number of employees in the Department.

#### Section 2-602

(a)

  (1) The local governing body of a county and the Secretary may enter into an agreement for the Department to act as and take over all or some of the functions of a local police force for the county or a municipal corporation in the county.

  (2) The local governing body of a county may enter into an agreement with a municipal corporation in the county for the participation of the municipal corporation in an agreement entered into under paragraph (1) of this subsection.

  (3) In Charles County and St. Mary's County, a municipal corporation also may enter into a separate agreement with the Department.

(b)

  (1) In accordance with an agreement entered into under subsection (a) of this section, the Department within the county shall:

    (i) enforce the public local laws of the county or municipal corporation;

    (ii) perform related police services; and

    (iii) perform the Department's other and regular duties in the county.

  (2) For purposes of paragraph (1) of this subsection, the Department shall provide the employees, buildings, and facilities that are required by agreement or, if not so required, that the Department considers reasonable and proper to achieve the objectives of the agreement.

(c) Each agreement entered into under subsection (a) of this section shall provide:

  (1) that the Secretary shall determine the reasonable and proper cost of the Local Division for and within the particular county or municipal corporation;

  (2) that the county or municipal corporation shall reimburse the Department the entire amount of the cost of the Local Division in the county or municipal corporation; and

  (3) for the time and manner of reimbursements by the county or municipal corporation to the Department for the cost of the Local Division.

(d)

  (1) Each agreement entered into under subsection (a) of this section requires the prior approval of the Attorney General as to legal sufficiency.

  (2) Financial arrangements in each agreement entered into under subsection (a) of this section require the prior approval of the Secretary of Budget and Management.

#### Section 2-603

(a) If an agreement entered into under Sec. 2-602 of this subtitle is terminated, the value of motor vehicles, radios, and light bars paid for by a county or municipal corporation under the agreement shall be depreciated in accordance with subsection (b) of this section.

(b) The value of motor vehicles, radios, and light bars shall be depreciated over a 5-year period beginning on the date the equipment was put in service as follows:

  (1) after 1 year, the equipment shall be valued at 80% of its initial cost;

  (2) after 2 years, the equipment shall be valued at 60% of its initial cost;

  (3) after 3 years, the equipment shall be valued at 40% of its initial cost;

  (4) after 4 years, the equipment shall be valued at 20% of its initial cost; and

  (5) after 5 years, the equipment shall be considered to have no remaining value for purposes of this section.

(c) The Department shall reimburse the county or municipal corporation for the depreciated value of the motor vehicles, radios, and light bars.

#### Section 2-604

(a) Subject to subsection (b) of this section, if eight or more police employees are assigned to a county or municipal corporation in accordance with an agreement entered into under Sec. 2-602 of this subtitle:

  (1) the county or municipal corporation shall give the Department at least 5 years' notice whenever the county or municipal corporation decides to terminate the services of police employees provided under the agreement; and

  (2) the number of police employees assigned to the county or municipal corporation in accordance with the agreement shall be phased out over 5 years.

(b) The Department and county or municipal corporation may modify the manner in which the services of police employees are terminated in an agreement entered into under Sec. 2-602 of this subtitle.

### Subtitle 7. Vehicle Theft Prevention Council and Vehicle Theft Prevention Fund

#### Section 2-701

(a) In this subtitle the following words have the meanings indicated.

(b) "Commercial motor vehicle" has the meaning stated in Sec. 16-803 of the Transportation Article.

(c) "Council" means the Vehicle Theft Prevention Council.

(d) "Fund" means the Vehicle Theft Prevention Fund.

#### Section 2-702

(a)

  (1) There is a Vehicle Theft Prevention Council in the Department.

  (2) The purpose of the Council is to help prevent and deter theft of private passenger and commercial motor vehicles and related crime, including vandalism and theft of property from vehicles, in the State.

(b)

  (1) The Council consists of the following 13 members appointed by the Governor:

    (i) as ex officio members of the Council:

      (1) the Secretary or a designee;

      (2) the Secretary of Juvenile Services or a designee;

      (3) the Secretary of Public Safety and Correctional Services or a designee; and

      (4) the Motor Vehicle Administrator of the Motor Vehicle Administration; and

    (ii) nine regular members.

  (2) Of the nine regular members:

    (i) one member shall represent a local law enforcement agency;

    (ii) one member shall represent a State's Attorney's office in the State;

    (iii) one member shall represent a domestic insurer that issues private passenger automobile or commercial motor vehicle liability insurance in the State;

    (iv) one member shall represent a foreign insurer that issues private passenger automobile or commercial motor vehicle liability insurance in the State;

    (v) one member shall represent the Governor's Office;

    (vi) one member shall represent the National Insurance Crime Bureau or a similar organization; and

    (vii) three members shall represent the public, including one member who represents a neighborhood or community association.

(c)

  (1) The members serve at the pleasure of the Governor.

  (2) The term of a regular member is 3 years.

  (3) The terms of the regular members are staggered as required by the terms provided for members of the Council on October 1, 2003.

  (4) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(d) The Governor shall appoint the Chairman of the Council.

(e) A member of the Council:

  (1) may not receive compensation as a member of the Council; but

  (2) is entitled to reimbursement for expenses from the Fund in accordance with the Standard State Travel Regulations.

(f)

  (1) The Council shall employ an executive director, who shall be appointed by the Governor.

  (2) The expenses of the Council, including staff salaries and administrative expenses, shall be paid from the Fund but may not exceed 7% of the total expenditures from the Fund in a fiscal year.

  (3) The Assistant Attorney General assigned to the Department is the legal advisor to the Council.

(g)

  (1) The Council has the following powers and duties:

    (i) to make grants from the Fund for motor vehicle theft intervention programs, as provided in Sec. 2-703 of this subtitle;

    (ii) to solicit and accept money for deposit into the Fund, to be used to carry out the purposes of this subtitle;

    (iii) to establish or assist in the establishment of programs designed to reduce the incidence of vehicle theft and related crime;

    (iv) to identify priorities for theft prevention strategies in the State and criteria for the Council's evaluation of recipients of assistance from the Council; and

    (v) to study and propose laws that will further prevent and deter vehicle theft and related crime.

  (2) The Council shall develop and implement a plan of operation.

#### Section 2-703

(a) There is a Vehicle Theft Prevention Fund.

(b)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(c) The Fund consists of:

  (1) money received by the Fund under Sec. 17-106 of the Transportation Article;

  (2) money received by the Council or the Fund from any source; and

  (3) investment earnings of the Fund.

(d) The money of the Fund shall be invested in the same manner as other State money.

(e) The Council shall spend money in the Fund in the following order of priority:

  (1) to pay the expenses of the Council; and

  (2) to carry out the purposes of this subtitle.

(f) When making grants from the Fund, the Council shall consider and prioritize the following entities and programs:

  (1) State and local law enforcement agencies:

    (i) to enhance vehicle theft enforcement and prevention teams or efforts; and

    (ii) for programs designed to reduce the incidence of vehicle theft;

  (2) local prosecutors and judicial agencies, for enhanced prosecution and adjudication of vehicle theft crime;

  (3) neighborhood, community, or business organizations, for programs designed to reduce the incidence of vehicle theft;

  (4) educational programs designed to inform motor vehicle owners of methods to prevent motor vehicle theft and to provide equipment, for experimental purposes, to enable motor vehicle owners to prevent motor vehicle theft;

  (5) programs designed to reduce the incidence of vehicle theft and recidivism by juveniles; and

  (6) programs designed to reduce or deter damage or vandalism to vehicles in connection with vehicle theft or theft of property from vehicles.

(g) To the extent practicable, the Council shall allocate grants made under this subtitle among the subdivisions of the State on a pro rata basis determined by the total number of vehicles registered in each subdivision divided by the total number of vehicles registered in the State.

(h)

  (1) Expenditures from the Fund may be made only:

    (i) in accordance with the State budget; or

    (ii) by the budget amendment procedure as provided in Sec. 7-209 of the State Finance and Procurement Article, if at least 45 days have passed since the budget amendment and supporting information were submitted to the budget committees for their review and comment.

  (2) The proposed budget and any budget amendment submitted to the General Assembly shall include an itemized list of each grant and other expenditure from the Fund to be made in the fiscal year.

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Md. Code Ann., Pub. Safety (as displayed at mgaleg.maryland.gov, October 16, 2026)