# Public Safety (GPS)

## Title 3. Law Enforcement

### Subtitle 1. Police Accountability and Discipline

#### Section 3-101

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

(b) "Administratively charged" means that a police officer has been formally accused of misconduct in an administrative proceeding.

(c) "Disciplinary matrix" means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of misconduct.

(d) "Exonerated" means that a police officer acted in accordance with the law and agency policy.

(e) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

(f) "Not administratively charged" means that a determination has been made not to administratively charge a police officer in connection with alleged misconduct.

(g) "Police misconduct" means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:

  (1) depriving persons of rights protected by the constitution or laws of the State or the United States;

  (2) a violation of a criminal statute; and

  (3) a violation of law enforcement agency standards and policies.

(h) "Police officer" has the meaning stated in Sec. 3-201 of this title.

(i) "Serious physical injury" has the meaning stated in Sec. 3-201 of the Criminal Law Article.

(j) "Superior governmental authority" means the governing body that oversees a law enforcement agency.

(k) "Unfounded" means that the allegations against a police officer are not supported by fact.

#### Section 3-102

(a) Each county shall have a police accountability board to:

  (1) hold quarterly meetings with heads of law enforcement agencies and otherwise work with law enforcement agencies and the county government to improve matters of policing;

  (2) appoint civilian members to charging committees and trial boards;

  (3) receive complaints of police misconduct filed by members of the public; and

  (4)

    (i) on a quarterly basis, review outcomes of disciplinary matters considered by charging committees; and

    (ii) on or before December 31 each year, submit a report to the governing body of the county that:

      (1) identifies any trends in the disciplinary process of police officers in the county; and

      (2) makes recommendations on changes to policy that would improve police accountability in the county.

(b)

  (1)

    (i) Subject to subparagraph (ii) of this paragraph,  the local governing body shall:

      (1) establish the membership of a police accountability board;

      (2) establish the budget and staff for a police accountability board;

      (3) appoint a chair of the police accountability board who has relevant experience to the position; and

      (4) establish the procedures for record keeping by a police accountability board.

    (ii) An active police officer may not be a member of a police accountability board.

  (2) To the extent practicable, the membership of a police accountability board shall reflect the racial, gender, and cultural diversity of the county.

(c)

  (1) A complaint of police misconduct filed with a police accountability board shall include:

    (i) the name of the police officer accused of misconduct;

    (ii) a description of the facts on which the complaint is based; and

    (iii) contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up.

  (2) A complaint need not be notarized.

(d) A complaint of police misconduct filed with a police accountability board shall be forwarded to the appropriate law enforcement agency within 3 days after receipt by the board.

#### Section 3-103

(a) An individual may file a complaint of police misconduct with the law enforcement agency that employs the police officer who is the subject of the complaint.

(b)

  (1) A complaint of police misconduct filed with a law enforcement agency shall include:

    (i) the name of the police officer accused of misconduct;

    (ii) a description of the facts on which the complaint is based; and

    (iii) contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up.

  (2) A complaint need not be notarized.

#### Section 3-104

(a)

  (1) Each county shall have one administrative charging committee to serve countywide law enforcement agencies and local law enforcement agencies within the county.

  (2) A county administrative charging committee shall be composed of:

    (i) the chair of the county's police accountability board, or another member of the accountability board designated by the chair of the accountability board;

    (ii) two civilian members selected by the county's police accountability board; and

    (iii) two civilian members selected by the chief executive officer of the county.

(b)

  (1) There shall be at least one statewide administrative charging committee to serve statewide and bi-county law enforcement agencies.

  (2) A statewide administrative charging committee shall be composed of:

    (i) three civilian members appointed by the Governor;

    (ii) one civilian member appointed by the President of the Senate; and

    (iii) one civilian member appointed by the Speaker of the House.

(c) Before serving as a member of an administrative charging committee, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

(d) On completion of an investigation of a complaint of police misconduct involving a member of the public and a police officer, regardless of whether the complaint originated from within the law enforcement agency or from an external source, the law enforcement agency shall forward to the appropriate administrative charging committee the investigatory files for the matter.

(e) An administrative charging committee shall:

  (1) review the findings of a law enforcement agency's investigation conducted and forwarded in accordance with subsection (d) of this section;

  (2) make a determination that the police officer who is subject to investigation shall be:

    (i) administratively charged; or

    (ii) not administratively charged;

  (3) if the police officer is charged, recommend discipline in accordance with the law enforcement agency's disciplinary matrix established in accordance with Sec. 3-105 of this subtitle;

  (4) review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;

  (5) authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative;

  (6) issue a written opinion that describes in detail its findings, determinations, and recommendations; and

  (7) forward the written opinion to the chief of the law enforcement agency, the police officer, and the complainant.

(f) In executing its duties in accordance with subsection (e) of this section, an administrative charging committee may:

  (1) request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;

  (2) if the police officer is not administratively charged, make a determination that:

    (i) the allegations against the police officer are unfounded; or

    (ii) the police officer is exonerated; and

  (3) record, in writing, any failure of supervision that caused or contributed to a police officer's misconduct.

(g) An administrative charging committee shall meet once per month or as needed.

(h) A member of an administrative charging committee shall maintain confidentiality relating to a matter being considered by the administrative charging committee until final disposition of the matter.

#### Section 3-105

(a) The Maryland Police Training and Standards Commission shall develop and adopt, by regulation, a model uniform disciplinary matrix for use by each law enforcement agency in the State.

(b) Each law enforcement agency shall adopt the uniform State disciplinary matrix for all matters that may result in discipline of a police officer.

(c)

  (1) Within 15 days after an administrative charging committee issues an administrative charge against a police officer, the chief of the law enforcement agency shall offer discipline to the police officer who has been administratively charged in accordance with the disciplinary matrix.

  (2) The chief may offer the same discipline that was recommended by the administrative charging committee or a higher degree of discipline within the applicable range of the disciplinary matrix, but may not deviate below the discipline recommended by the administrative charging committee.

  (3) If the police officer accepts the chief's offer of discipline, then the offered discipline shall be imposed.

  (4) If the police officer does not accept the chief's offer of discipline, then the matter shall be referred to a trial board.

  (5) At least 30 days before a trial board proceeding begins, the police officer shall be:

    (i) provided a copy of the investigatory record;

    (ii) notified of the charges against the police officer; and

    (iii) notified of the disciplinary action being recommended.

#### Section 3-106

(a)

  (1) Except as provided in paragraph (2) of this subsection, each law enforcement agency shall establish a trial board process in accordance with this section to adjudicate all matters for which a police officer is subject to discipline.

  (2) A small law enforcement agency may use the trial board process of another law enforcement agency by mutual agreement.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a trial board shall be composed of:

    (i) an actively serving or retired administrative law judge or a retired judge of the District Court or a circuit court, appointed by the chief executive officer of the county;

    (ii) a civilian who is not a member of an administrative charging committee, appointed by the county's police accountability board; and

    (iii) a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.

  (2)

    (i) This paragraph may not be construed to apply to the Baltimore Police Department.

    (ii) A trial board for a statewide or bi-county law enforcement agency shall be composed of:

      (1) an actively serving or retired administrative law judge appointed by the Chief Administrative Law Judge of the Maryland Office of Administrative Hearings;

      (2) a civilian who is not a member of an administrative charging committee or the Maryland Police Training and Standards Commission, appointed by the police accountability board for the county where the alleged misconduct occurred; and

      (3) a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.

(c) The actively serving or retired administrative law judge or the retired judge of the District Court or a circuit court shall:

  (1) be the chair of the trial board;

  (2) be responsible for ruling on all motions before the trial board; and

  (3) prepare the written decision of the trial board, including the findings, conclusions, and recommendations of the trial board.

(d) Before serving as a member of a trial board, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

(e) Proceedings of a trial board shall be open to the public, except to protect:

  (1) a victim's identity;

  (2) the personal privacy of an individual;

  (3) a child witness;

  (4) medical records;

  (5) the identity of a confidential source;

  (6) an investigative technique or procedure; or

  (7) the life or physical safety of an individual.

(f) A trial board may administer oaths and issue subpoenas as necessary to complete its work.

(g) A complainant has the right to be notified of a trial board hearing and, except as provided in subsection (e) of this section, the right to attend a trial board hearing.

(h) Except as otherwise provided in this subtitle, a law enforcement agency has the burden of proof by a preponderance of the evidence in any proceeding under this subtitle.

(i) A police officer may be disciplined only for cause.

(j) Within 45 days after the final hearing by a trial board, the trial board shall issue a written decision reflecting the findings, conclusions, and recommendations of a majority of the trial board.

(k)

  (1) Within 30 days after the date of issuance of a decision of a trial board, the decision may be appealed by the police officer:

    (i) if the trial board is from a local law enforcement agency, to the circuit court of the county in which the law enforcement agency is located;

    (ii) if the trial board is from a bi-county law enforcement agency, to a circuit court in a county in which the incident that gave rise to the disciplinary proceeding occurred; and

    (iii) if the trial board is from a statewide law enforcement agency, to the Circuit Court for Anne Arundel County.

  (2) An appeal taken under this subsection shall be on the record.

(l) A trial board decision is final unless appealed by a police officer under subsection (k) of this section.

#### Section 3-107

(a)

  (1) Pending an investigatory, administrative charging committee, and trial board process, the chief may impose an emergency suspension with or without pay if the chief determines that such a suspension is in the best interest of the public.

  (2) An emergency suspension without pay under this subsection may not exceed 30 days.

  (3) A police officer who is suspended without pay under this subsection is entitled to receive back pay if an administrative charging committee determines not to administratively charge the police officer in connection with the matter on which the suspension is based.

(b)

  (1) A chief or a chief's designee may suspend a police officer without pay and suspend the police officer's police powers on an emergency basis if the police officer is charged with:

    (i) a disqualifying crime, as defined in Sec. 5-101 of this article;

    (ii) a misdemeanor committed in the performance of duties as a police officer; or

    (iii) a misdemeanor involving dishonesty, fraud, theft, or misrepresentation.

  (2) A police officer who was suspended without pay under this subsection is entitled to receive back pay if the  criminal charge or charges against the police officer result in:

    (i) a finding of not guilty;

    (ii) an acquittal;

    (iii) a dismissal; or

    (iv) a nolle prosequi.

(c)

  (1) The chief shall terminate the employment of a police officer who is convicted of a felony.

  (2) The chief may terminate the employment of a police officer who:

    (i) receives a probation before judgment for a felony; or

    (ii) is convicted of:

      (1) a misdemeanor committed in the performance of duties as a police officer;

      (2) misdemeanor second degree assault; or

      (3) a misdemeanor involving dishonesty, fraud, theft, or misrepresentation.

(d)

  (1) In connection with a disciplinary matter under this subtitle, a police officer may be required to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.

  (2) If a police officer is required to submit to a test, examination, or interrogation under paragraph (1) of this subsection and the police officer refuses to do so, the law enforcement agency may commence an action that may lead to a punitive measure as a result of the refusal.

  (3)

    (i) If a police officer is required to submit to a test, examination, or interrogation  under paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the police officer.

    (ii) If a police officer is required to submit to a polygraph examination under paragraph (1) of this subsection, the results of the polygraph examination are not admissible or discoverable in a criminal or civil proceeding against the police officer.

#### Section 3-108

(a)

  (1) A law enforcement agency shall designate an employee as a victims' rights advocate to act as the contact for the public within the agency on matters related to police misconduct.

  (2) A victims' rights advocate shall:

    (i) explain to a complainant:

      (1) the complaint, investigation, administrative charging committee, and trial board process;

      (2) any decision to terminate an investigation;

      (3) an administrative charging committee's decision of administratively charged, not administratively charged, unfounded, or exonerated; and

      (4) a trial board's decision;

    (ii) provide a complainant with an opportunity to review a police officer's statement, if any, before completion of an investigation by a law enforcement agency's investigative unit;

    (iii) notify a complainant of the status of the case at every stage of the process; and

    (iv) provide a case summary to a complainant within 30 days after final disposition of the case.

(b) Each law enforcement agency shall create a database that enables a complainant to enter the complainant's case number to follow the status of the case as it proceeds through:

  (1) investigation;

  (2) charging;

  (3) offer of discipline;

  (4) trial board;

  (5) ultimate discipline; and

  (6) appeal.

#### Section 3-109

A police officer who is the subject of a complaint of police misconduct and a complainant may have the assistance of a representative in connection with proceedings under this subtitle.

#### Section 3-110

(a) A police officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against or threatened in regard to the police officer's employment because the police officer:

  (1) disclosed information that evidences:

    (i) mismanagement;

    (ii) a waste of government resources;

    (iii) a danger to public health or safety; or

    (iv) a violation of law or policy committed by another police officer; or

  (2) lawfully exercised constitutional rights.

(b) A police officer may not be denied the right to bring suit arising out of the police officer's official duties.

(c)

  (1) Subject to paragraph (2) of this subsection, a police officer has the same rights to engage in political activity as a State employee.

  (2) This right to engage in political activity does not apply when the police officer is on duty or acting in an official capacity.

(d)

  (1) Subject to paragraph (2) of this subsection, a law enforcement agency may not prohibit secondary employment by police officers.

  (2) A law enforcement agency may adopt reasonable regulations that relate to secondary employment by police officers.

#### Section 3-111

(a) A law enforcement agency may not negate or alter any of the requirements of this subtitle through collective bargaining.

(b) Collective bargaining may not be used to establish or alter any aspect of the process for disciplining a police officer.

#### Section 3-112

A record relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record, a hearing record, and records relating to a disciplinary decision, may not be:

(1) expunged; or

(2) destroyed by a law enforcement agency.

#### Section 3-113

(a) The investigating unit of a law enforcement agency shall immediately review a complaint by a member of the public alleging police officer misconduct.

(b) Except as provided in subsection (d) of this section, for an incident involving a member of the public and a police officer:

  (1) the investigating unit shall complete its investigation and forward its findings to the administrative charging committee within 334 days after the filing of a complaint by a member of the public;

  (2) the administrative charging committee shall review and make a determination or ask for further investigation within 30 days after receipt of the investigating unit's findings; and

  (3) the process of review and investigation by the investigating unit through disposition by the administrative charging committee shall be completed within 395 days after the filing of a complaint by a member of the public.

(c) Except as provided in subsection (d) of this section, a law enforcement agency shall file any administrative charges arising out of an investigation of alleged police officer misconduct that is not required to be reviewed by an administrative charging committee within 1 year and 1 day after the date that the appropriate official employed by the law enforcement agency, as determined by written policy of the law enforcement agency, became aware of the incident that led to the investigation.

(d) If alleged police officer misconduct is the subject of a criminal investigation, an administrative charging committee or law enforcement agency shall file any administrative charges within 1 year and 1 day after the date of:

  (1) the investigating law enforcement agency's timely determination that the matter is not related to criminal activity;

  (2) the disposition of all criminal charges filed against the police officer; or

  (3) the administrative charging committee's or law enforcement agency's receipt of timely notice that the appropriate prosecutorial authority declined to file criminal charges.

#### Section 3-114

The Maryland Police Training and Standards Commission shall adopt regulations to implement this subtitle. 

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

#### Section 3-201

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

(b) "Commission" means the Maryland Police Training and Standards Commission.

(c) "Department" means the Department of Public Safety and Correctional Services.

(d)

  (1) "Law enforcement agency" means a governmental police force, sheriff's office, or security force or law enforcement organization of the State, a county, or a municipal corporation that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.

  (2) "Law enforcement agency" does not include members of the Maryland National Guard who:

    (i) are under the control and jurisdiction of the Military Department;

    (ii) are assigned to the military property designated as the Martin State Airport; and

    (iii) are charged with exercising police powers in and for the Martin State Airport.

(e) "Motorcycle profiling" means the arbitrary use of the fact that an individual rides a motorcycle or wears motorcycle-related clothing or paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or search the individual or vehicle.

(f)

  (1) "Police officer" means an individual who:

    (i) is authorized to enforce the general criminal laws of the State; and

    (ii) is a member of one of the following law enforcement agencies:

      (1) the Department of State Police;

      (2) the Police Department of Baltimore City;

      (3) the police department, bureau, or force of a county;

      (4) the police department, bureau, or force of a municipal corporation;

      (5) the Maryland Transit Administration police force;

      (6) the Maryland Transportation Authority Police;

      (7) the police forces of the University System of Maryland;

      (8) the police force of Morgan State University;

      (9) the office of the sheriff of a county;

      (10) the police forces of the Department of Natural Resources;

      (11) the police force of the Maryland Capitol Police of the Department of General Services;

      (12) the police force of a State, county, or municipal corporation if the special police officers are appointed under Subtitle 3 of this title;

      (13) the Housing Authority of Baltimore City Police Force;

      (14) the Baltimore City School Police Force;

      (15) the Crofton Police Department;

      (16) the Washington Suburban Sanitary Commission Police Force;

      (17) the Ocean Pines Police Department;

      (18) the police force of the Baltimore City Community College;

      (19) the police force of the Hagerstown Community College;

      (20) the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department;

      (21) the police force of the Anne Arundel Community College; or

      (22) the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

  (2) "Police officer" includes:

    (i) a member of the Field Enforcement Bureau of the Comptroller's Office;

    (ii) a member of the Field Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission;

    (iii) the State Fire Marshal or a deputy State fire marshal;

    (iv) an investigator of the Intelligence and Investigative Division of the Department;

    (v) a Montgomery County fire and explosive investigator as defined in Sec. 2-208.1 of the Criminal Procedure Article;

    (vi) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in Sec. 2-208.2 of the Criminal Procedure Article;

    (vii) a Prince George's County fire and explosive investigator as defined in Sec. 2-208.3 of the Criminal Procedure Article;

    (viii) a Worcester County fire and explosive investigator as defined in Sec. 2-208.4 of the Criminal Procedure Article;

    (ix) a City of Hagerstown fire and explosive investigator as defined in Sec. 2-208.5 of the Criminal Procedure Article; and

    (x) a Howard County fire and explosive investigator as defined in Sec. 2-208.6 of the Criminal Procedure Article.

  (3) "Police officer" does not include:

    (i) an individual who serves as a police officer only because the individual occupies another office or position;

    (ii) a sheriff, the Secretary of State Police, a commissioner of police, a deputy or assistant commissioner of police, a chief of police, a deputy or assistant chief of police, or another individual with an equivalent title who is appointed or employed by a government to exercise equivalent supervisory authority; or

    (iii) a member of the Maryland National Guard who:

      (1) is under the control and jurisdiction of the Military Department;

      (2) is assigned to the military property designated as the Martin State Airport; and

      (3) is charged with exercising police powers in and for the Martin State Airport.

(g) "SWAT team" means an agency-designated unit of law enforcement officers who are selected, trained, and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units.

#### Section 3-202

There is a Maryland Police Training and Standards Commission, which is an independent commission that functions in the Department.

#### Section 3-203

(a) The Commission consists of the following members:

  (1) the President of the Maryland Chiefs of Police Association;

  (2) the President of the Maryland Sheriffs Association;

  (3) the Attorney General of the State;

  (4) the Secretary of State Police;

  (5) the agent in charge of the Baltimore office of the Federal Bureau of Investigation;

  (6) one member representing the Maryland State Lodge of Fraternal Order of Police;

  (7) one member representing the Maryland State's Attorneys' Association;

  (8) the Chair of the Maryland Municipal League Police Executive Association;

  (9) the Police Commissioner of Baltimore City;

  (10) the President of the Police Chiefs' Association of Prince George's County;

  (11) a civilian representative from the Wor-Wic Program Advisory Committee - Criminal Justice; and

  (12) the following individuals, appointed by the Governor with the advice and consent of the Senate:

    (i) three police officers, representing different geographic areas of the State;

    (ii) one  civilian with expertise in community policing who does not have relationships to law enforcement;

    (iii) one  civilian with expertise in policing standards who does not have relationships to law enforcement;

    (iv) one  civilian with expertise in mental health  who does not have relationships to law enforcement; and

    (v) three citizens of the State who represent different geographic areas of the State and do not have relationships to law enforcement.

(b)

  (1) The term of an appointed member is 3 years.

  (2) The terms of the appointed members are staggered as required by the terms provided for members of the Commission on October 1, 2016.

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

  (4) A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

(c) Except for the appointed members, a member of the Commission may serve personally at a Commission meeting or may designate a representative from the member's unit, agency, or association who may act at any meeting to the same effect as if the member were personally present.

#### Section 3-204

The Commission annually shall elect a chair and vice chair from among its members.

#### Section 3-205

(a) A majority of the Commission is a quorum.

(b) The Commission shall meet in the State at the times that it or its chairman determines.

(c) A member of the Commission:

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

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

(d) The Commission shall:

  (1) maintain minutes of its meetings and any other records that it considers necessary; and

  (2) provide information, on request, regarding the budget, activities, and programs of the Commission.

#### Section 3-206

(a)

  (1) With the approval of the Governor, the Commission shall appoint an executive director.

  (2) The executive director shall perform general administrative and training management functions.

  (3) The executive director serves at the pleasure of the Commission.

(b)

  (1) The Commission shall appoint a deputy director and any other employees that the Commission considers necessary to perform general administrative and training management functions.

  (2) The deputy director and other employees appointed under paragraph (1) of this subsection shall serve at the pleasure of the Commission.

(c) In accordance with the State budget, the Commission may set the compensation of:

  (1) the executive director and the deputy director; and

  (2) a Commission employee in a position that:

    (i) is unique to the Commission;

    (ii) requires specific skills or experience to perform the duties of the position; and

    (iii) does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.

(d) The Secretary of Budget and Management, in consultation with the Commission, shall determine the positions for which the Commission may set compensation under subsection (c) of this section.

#### Section 3-206.1

(a) In this section, "Fund" means the Maryland Police Training and Standards Commission Fund.

(b) There is a Maryland Police Training and Standards Commission Fund.

(c) The purpose of the Fund is to provide funding for activities and training by the Commission.

(d) The Department shall administer the Fund.

(e)

  (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 State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

  (1) revenue distributed to the Fund under Sec. 7-301 of the Courts Article;

  (2) money appropriated in the State budget to the Fund;

  (3) interest earnings of the Fund; and

  (4) any other money from any other source accepted for the benefit of the Fund.

(g)

  (1) Except as provided in paragraph (2) of this subsection, the Fund may be used only to provide funding to the Commission.

  (2) For fiscal years 2024 and 2025 only, the Fund may be used to support police and correctional training activities of the Commission.

(h)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any interest earnings of the Fund shall be credited to the Fund.

(i)

  (1) Expenditures from the Fund may be made only in accordance with the State budget.

  (2) Money distributed from the Fund shall be used to supplement, but not supplant, any other funding for the Commission.

(j) The Fund shall be subject to audit by the Legislative Auditor as provided in Sec. 2-1220 of the State Government Article.

#### Section 3-207

(a) The Commission has the following powers and duties:

  (1) to establish standards for the approval and continuation of approval of schools that conduct police entrance-level and in-service training courses required by the Commission, including State, regional, county, and municipal training schools;

  (2) to approve and issue certificates of approval to police training schools;

  (3) to inspect police training schools;

  (4) to revoke, for cause, the approval or certificate of approval issued to a police training school;

  (5) to establish the following for police training schools:

    (i) curriculum;

    (ii) minimum courses of study;

    (iii) attendance requirements;

    (iv) eligibility requirements;

    (v) equipment and facilities;

    (vi) standards of operation; and

    (vii) minimum qualifications for instructors;

  (6) to require, for entrance-level police training and at least every 3 years for in-service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include special training in, attention to, and study of the application and enforcement of:

    (i) the criminal laws concerning rape and sexual offenses, including the sexual abuse and exploitation of children and related evidentiary procedures;

    (ii) the criminal laws concerning human trafficking, including services and support available to victims and the rights and appropriate treatment of victims;

    (iii) the criminal laws concerning hate crimes, including the recognition of, response to, and reporting of incidents required to be reported under Sec. 2-307 of this article;

    (iv) the criminal laws concerning stalking as they pertain to electronic surveillance or tracking, including services available to victims, related prevention methods for victims, and how victims may request additional assistance to identify and preserve digital evidence;

    (v) the contact with and treatment of victims of crimes and delinquent acts;

    (vi) the notices, services, support, and rights available to victims and victims' representatives under State law; and

    (vii) the notification of victims of identity fraud and related crimes of their rights under federal law;

  (7) to certify and issue appropriate certificates to qualified instructors for police training schools authorized by the Commission to offer police training programs;

  (8) to verify that police officers have satisfactorily completed training programs and issue diplomas to those police officers;

  (9) to conduct and operate police training schools authorized by the Commission to offer police training programs;

  (10) to make a continuous study of entrance-level and in-service training methods and procedures;

  (11) to consult with and accept the cooperation of any recognized federal, State, or municipal law enforcement agency or educational institution;

  (12) to consult and cooperate with universities, colleges, and institutions in the State to develop specialized courses of study for police officers in police science and police administration;

  (13) to consult and cooperate with other agencies and units of the State concerned with police training;

  (14) to develop, with the cooperation of the Office of the Chief Medical Examiner and the Federal Bureau of Investigation, a uniform missing person report form to be available for use by each law enforcement agency of the State on or before October 1, 2008;

  (15) to require, for entrance-level police training and annually for in-service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, for police officers who are issued an electronic control device by a law enforcement agency, special training in the proper use of electronic control devices, as defined in Sec. 4-109 of the Criminal Law Article, consistent with established law enforcement standards and federal and State constitutional provisions;

  (16) to require, for entrance-level police training and, as determined by the Commission, for in-service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions:

    (i) training in lifesaving techniques, including Cardiopulmonary Resuscitation (CPR);

    (ii) training in the proper level and use of force as set forth in the Maryland Use of Force Statute under Sec. 3-524 of this title;

    (iii) training regarding sensitivity to cultural and gender diversity;

    (iv) training regarding individuals with physical and psychiatric disabilities; and

    (v) training regarding individuals with intellectual and developmental disabilities, dementia, and autism, including training for:

      (1) locating an individual who is wandering, eloping, or otherwise missing;

      (2) searching near bodies of water;

      (3) sensory-aware approaches;

      (4) reunification;

      (5) documentation; and

      (6) interagency coordination;

  (17) to require, for entrance-level police training and at least every 2 years for in-service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include special training in, attention to, and study of the application of antidiscrimination and use of force de-escalation training;

  (18) to develop, with the cooperation of the Office of the Attorney General, the Governor's Office of Crime Prevention and Policy, and the Federal Trade Commission, a uniform identity fraud reporting form that:

    (i) makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and

    (ii) may authorize the data to be transmitted to the Consumer Sentinel program in the Federal Trade Commission;

  (19) to adopt and recommend a set of best practices and standards for use of force;

  (20) to evaluate and modernize recruitment standards and practices of law enforcement agencies to increase diversity within those law enforcement agencies and develop strategies for recruiting women and African American, Hispanic or Latino, and other minority candidates;

  (21) to develop standards for the mandatory psychological consultation with a law enforcement officer who was actively involved in an incident when another person was seriously injured or killed as a result of an accident or a shooting or has returned from combat deployment;

  (22) to require:

    (i) a statement condemning motorcycle profiling to be included in existing written policies regarding other profiling; and

    (ii) for entrance-level police training and for in-service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions, training related to motorcycle profiling in conjunction with existing training regarding other profiling;

  (23) to perform any other act, including adopting regulations, that is necessary or appropriate to carry out the powers and duties of the Commission under this subtitle; and

  (24) to consult and cooperate with commanders of SWAT teams to develop standards for training and deployment of SWAT teams and of law enforcement officers who are not members of a SWAT team who conduct no-knock warrant service in the State based on best practices in the State and nationwide.

(b)

  (1) The Commission shall develop a system by which law enforcement agencies report to the Commission each serious officer-involved incident each year, including for each incident:

    (i) the number of officers involved by race, ethnicity, and sex;

    (ii) the number of officers disciplined by race, ethnicity, and sex; and

    (iii) the type of discipline administered to each officer, by the officer's race, ethnicity, and sex.

  (2) The Commission shall annually summarize the information submitted by law enforcement agencies and:

    (i) post the summary, excluding the names of officers and other involved parties, on a website maintained by the Commission; and

    (ii) submit the summary to the General Assembly, as provided in Sec. 2-1257 of the State Government Article.

(c) In consultation with the Maryland Department of Health, the Commission shall establish a confidential hotline that is available for police officers and other law enforcement personnel to contact and speak with a trained peer law enforcement officer or a mental health professional who may provide initial counseling advice and confidential referral to appropriate services.

(d) The Commission shall:

  (1) establish a Police Complaint Mediation Program to which a law enforcement agency may refer a nonviolent complaint made against a police officer out of the standard complaint process;

  (2) refer a complaint referred to the Program to voluntary mediation conducted by an independent mediation service; and

  (3) adopt regulations to implement the Program, including criteria concerning eligibility for referral of complaints.

(e)

  (1) The Commission shall develop best practices for the establishment and implementation of a community policing program in each jurisdiction.

  (2) The Commission shall develop a system by which each local law enforcement agency annually files a detailed description of the law enforcement agency's community policing program.

  (3) The Commission shall annually:

    (i) review each community policing program filed in accordance with Sec. 3-517 of this title; and

    (ii) provide each agency with any comments that the Commission has to improve the agency's community policing program.

(f)

  (1) The Commission shall develop a uniform citizen complaint process to be followed by each law enforcement agency.

  (2) The uniform complaint process shall:

    (i) be simple;

    (ii) require that a complainant be informed of the final disposition of the complainant's complaint and any discipline imposed as a result; and

    (iii) be posted on the websites of the Commission and each law enforcement agency.

(g) The Commission shall develop and administer:

  (1) a training program on matters relating to police procedures for  individuals who intend to qualify to participate as a member of a trial board or administrative charging committee under Subtitle 1 of this title; and

  (2) a training program on matters relating to police training and standards for citizens who are appointed to serve as members of the Commission.

(h) The Commission shall distribute the victim's representation notification form developed by the Governor's Office of Crime Prevention and Policy under Sec. 12-206.1(e) of the Transportation Article to each law enforcement agency in the State.

(i) The Commission, in consultation with the Maryland State's Attorneys' Association, shall develop and maintain a uniform, statewide training and certification curriculum to ensure use of best practices in investigating compliance with court orders to surrender regulated firearms, rifles, and shotguns under Sec. 6-234 of the Criminal Procedure Article.

(j) The Commission, in consultation with the Anne Arundel County Police Academy, shall develop and maintain a uniform statewide training and certification curriculum that includes role-playing exercises to ensure the use of best practices in the issuance of citations in lieu of arrest.

(k) The Commission shall:

  (1) hold law enforcement agencies accountable for violations of the Use of Force Statute under Sec. 3-524 of this title; and

  (2) work with the Comptroller and the Governor's Office of Crime Prevention and Policy to ensure that State grant funding is withheld from a law enforcement agency that violates the Use of Force Statute under Sec. 3-524 of this title.

(l) The Commission shall:

  (1) develop a test and training for implicit bias, subject to the availability of implicit bias testing standards that are generally accepted by experts in the field of police psychology;

  (2) require all law enforcement agencies to use the implicit bias test in the hiring process;

  (3) require all new police officers to complete implicit bias testing and training; and

  (4) require all incumbent police officers to undergo implicit bias testing and training on an annual basis.

(m)

  (1) The Commission shall develop a uniform citizen positive community feedback process to be followed by each law enforcement agency.

  (2) The uniform citizen positive community feedback process shall:

    (i) be simple; and

    (ii) be posted on the website of the Commission and each law enforcement agency.

(n)

  (1) In this subsection, "correctional facility" means a State correctional facility and a local correctional facility, as defined in Sec. 1-101 of the Correctional Services Article.

  (2) The Commission shall develop mental health wellness policies to be implemented in law enforcement agencies and correctional facilities in the State by:

    (i) determining ways to promote safety and wellness at every level of a law enforcement agency and a correctional facility;

    (ii) incorporating into trainings stress management techniques designed by law enforcement officers and correctional officers;

    (iii) establishing confidential peer support programs;

    (iv) offering psychological programming to help officers manage stress; and

    (v) utilizing measuring tools to track effectiveness.

  (3) On or before January 1, 2025, and each January 1 thereafter, the Commission 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 development and implementation of the policies described under paragraph (2) of this subsection and the effects of the policies.

(o) The Commission shall:

  (1) annually review the report published by the Independent Investigations Division of the Office of the Attorney General under Sec. 6-602 of the State Government Article; and

  (2) make any recommendations that the Commission determines are appropriate based on its review.

(p)

  (1)

    (i) In this subsection the following words have the meanings indicated.

    (ii) "Face covering" has the meaning stated in Sec. 3-536 of this title.

    (iii) "Law enforcement agency" has the meaning stated in Sec. 3-536 of this title.

    (iv) "Law enforcement officer" has the meaning stated in Sec. 3-536 of this title.

  (2)

    (i) The Commission shall develop a uniform policy, to be used by each law enforcement agency, prohibiting the use of a face covering by a law enforcement officer in the course of duty consistent with Sec. 3-536 of this title.

    (ii) The uniform policy developed under this subsection shall include language affirming:

      (1) the law enforcement agency's commitment to transparency, accountability, and public trust;

      (2) that the authorized use of face coverings shall be limited to specific and clearly defined circumstances; and

      (3) that generalized and undifferentiated fear and apprehension about law enforcement officer safety is not sufficient to justify the use of face coverings.

    (iii) Subject to subparagraph (ii) of this paragraph, the uniform policy may allow for uses of face coverings under circumstances absolutely necessary to protect the health or safety of law enforcement officers while performing public safety functions, including the use of face coverings during inclement weather.

  (3) A county, a municipality, or a law enforcement agency of the State or a political subdivision of the State may not adopt a policy, other than the uniform policy developed by the Commission, regarding the use of face coverings by law enforcement officers.

(q)

  (1)

    (i) In this subsection the following words have the meanings indicated.

    (ii) "Identification" has the meaning stated in Sec. 3-537 of this title.

    (iii) "Law enforcement agency" has the meaning stated in Sec. 3-536 of this title.

    (iv) "Law enforcement officer" has the meaning stated in Sec. 3-536 of this title.

  (2)

    (i) The Commission shall develop a uniform policy, to be used by each law enforcement agency, requiring the use of identification by a law enforcement officer in the course of duty consistent with Sec. 3-537 of this title.

    (ii) The uniform policy developed under this subsection shall include language affirming the State's interest in:

      (1) promoting public safety;

      (2) preventing law enforcement impersonation; and

      (3) promoting transparency and accountability.

    (iii) The uniform policy developed under this subsection shall address:

      (1) the size, placement, contrast, and legibility of identification, including requirements to ensure visibility of the identification from a reasonable distance;

      (2) the way identification must be displayed on different types of uniforms, outerwear, and protective clothing, including jackets, vests, and rain gear;

      (3) narrowly tailored circumstances in which identification may be temporarily obscured due to an immediate threat to law enforcement officer safety or public safety and any documentation or after-action reporting required for deviations; and

      (4) training requirements for new and current law enforcement officers on the identification requirements established under Sec. 3-537 of this title.

  (3) A county, a municipality, or a law enforcement agency of the State or a political subdivision of the State may not adopt a policy, other than the uniform policy developed by the Commission, requiring the use of identification by law enforcement officers.

#### Section 3-208

The Commission has the following powers and duties:

(1) to adopt regulations necessary or appropriate to carry out this subtitle; and

(2) to adopt regulations that establish and enforce standards for prior substance abuse by individuals applying for certification as a police officer.

#### Section 3-209

(a) The Commission shall certify as a police officer each individual who:

  (1)

    (i) satisfactorily meets the standards of the Commission; or

    (ii) provides the Commission with sufficient evidence that the individual has satisfactorily completed a training program in another state of equal quality and content as required by the Commission;

  (2) submits to a mental health screening by a licensed mental health professional;

  (3) submits to a physical agility assessment as determined by the Commission;

  (4) submits to a criminal history records check in accordance with Sec. 3-209.1 of this subtitle; and

  (5)

    (i) is a United States citizen; or

    (ii) subject to subsection (b) of this section, is a permanent legal resident of the United States and an honorably discharged veteran, provided that the individual has applied to obtain United States citizenship and the application is still pending approval.

(b) The certification of a police officer who fails to obtain United States citizenship as required by subsection (a)(5)(ii) of this section shall be terminated by the Commission.

(c) The Commission may certify as a police officer an individual who is not considered a police officer under Sec. 3-201(f)(3) of this subtitle if the individual meets the selection and training standards of the Commission.

(d) Each certificate issued to a police officer under this subtitle remains the property of the Commission.

(e) As a condition of certification, a police officer shall submit to a mental health assessment every 2 years and an annual physical agility assessment to establish continuing fitness to carry out the officer's assigned duties as a police officer.

(f) Prior cannabis use is not a disqualifier for certification as a police officer.

#### Section 3-209.1

(a)

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

  (2) "Applicant" means an individual who is seeking certification as a police officer.

  (3) "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) An applicant for certification as a police officer shall apply to the Central Repository for a State and national criminal history records check.

(c) As part of the application for a criminal history records check, an applicant shall submit to the Central Repository:

  (1) a complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

  (2) the fee authorized under Sec. 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

  (3) the processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(d) In accordance with Sec.Sec. 10-201 through 10-229 of the Criminal Procedure Article, the Central Repository shall forward to the Commission and the applicant a printed statement of the applicant's criminal history record information.

(e) Information obtained from the Central Repository under this section:

  (1) shall be confidential;

  (2) may not be redisseminated; and

  (3) may be used only for the licensing purpose authorized by this title.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in Sec. 10-223 of the Criminal Procedure Article.

(g) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Commission a revised statement of the applicant's or certified police officer's State criminal history record.

#### Section 3-209.2

Employment by a business licensed as a dispensary, grower, or processor under Title 13, Subtitle 33 of the Health - General Article does not constitute involvement in the illegal distribution, production, cultivation, transportation, or sale of a controlled dangerous substance for purposes of police officer certification or recertification if the individual's employment was not terminated for illegal or improper conduct.

#### Section 3-210

(a) The certification of a police officer automatically lapses 3 years after the date of the previous certification.

(b) If the certification of a police officer lapses, the police officer may apply for recertification immediately.

(c) The Commission may recertify a police officer after the certification of the police officer lapses.

#### Section 3-211

(a) If the certification of a police officer is in danger of lapsing or has lapsed because of the failure of the police officer to meet the standards of the Commission, the police officer may request a hearing before the Commission to present evidence that:

  (1) the police officer's law enforcement agency unreasonably failed to provide the police officer with the required training or assigned the police officer to special duty that prevented the police officer from completing the required training to achieve this certification; and

  (2) this failure is through no fault of the police officer.

(b)

  (1) On request of the police officer for a hearing under this section, the Commission shall hold a hearing.

  (2) For purposes of this subsection, the Commission shall follow the procedures required for a hearing board under the Law Enforcement Officers' Bill of Rights and the police officer is entitled to all of the rights provided under the Law Enforcement Officers' Bill of Rights.

(c) If the Commission concludes that the police officer's law enforcement agency unreasonably failed to provide the police officer with the required training or assigned the police officer to special duty that prevented the police officer from completing the required training to achieve certification:

  (1) the Commission shall stay the lapse of the certification until the police officer and the police officer's law enforcement agency meet the training requirements of the Commission;

  (2) the police officer shall be retained in the police officer's law enforcement agency at full pay pending the completion of the training; and

  (3) the Commission shall order the police officer's law enforcement agency to pay all reasonable hearing costs and attorney's fees incurred as a result of the action.

#### Section 3-212

(a)

  (1) Subject to the hearing provisions of subsection (b) of this section, the Commission may suspend or revoke the certification of a police officer if the police officer:

    (i) violates or fails to meet the Commission's standards;

    (ii) violates the Maryland Use of Force Statute under Sec. 3-524 of this title; or

    (iii) knowingly fails to report suspected child abuse in violation of Sec. 5-704 of the Family Law Article.

  (2) The Commission shall revoke the certification of a police officer who was:

    (i) convicted of a felony;

    (ii) convicted of perjury or another misdemeanor relating to truthfulness and veracity; or

    (iii) previously fired or resigned while being investigated for serious misconduct or use of excessive force.

(b)

  (1) Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Commission takes any final action under subsection (a)(1) of this section, the Commission shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission.

  (2) The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) A police officer aggrieved by the findings and order of the Commission may take an appeal as allowed in Sec.Sec. 10-222 and 10-223 of the State Government Article.

(d) The Commission shall create a statewide database to track police officer decertifications due to improper use of force.

#### Section 3-213

The Commission may recall the certificate of a police officer if the certification of the police officer is suspended or revoked for any of the following reasons:

(1) the certificate was issued by administrative error;

(2) the certificate was obtained through misrepresentation or fraud;

(3) the police officer has been convicted of a felony; or

(4) the police officer has been convicted of a misdemeanor for which a sentence of imprisonment exceeding 1 year may be imposed.

#### Section 3-214

(a) If the certification of a police officer is revoked, the police officer may not apply for recertification until 2 years after the effective date of the revocation order.

(b) The Commission may recertify an individual as a police officer after the certification of the police officer is revoked.

#### Section 3-215

(a)

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

  (2) "Permanent appointment" means the appointment of an individual who has satisfactorily met the minimum standards of the Commission and is certified as a police officer.

  (3) "Police administrator" means a police officer who has been promoted to first-line administrative duties up to but not exceeding the rank of captain.

  (4) "Police supervisor" means a police officer who has been promoted to first-line supervisory duties.

(b) An individual may not be given or accept a probationary appointment or permanent appointment as a police officer, police supervisor, or police administrator unless the individual satisfactorily meets the qualifications established by the Commission.

(c)

  (1) An individual who applies for a position as police officer shall:

    (i) under penalty of perjury, disclose to the hiring law enforcement agency all prior instances of employment as a police officer at other law enforcement agencies; and

    (ii) authorize the hiring law enforcement agency to obtain the police officer's full personnel and disciplinary record from each law enforcement agency that previously employed the police officer.

  (2) The hiring law enforcement agency shall certify to the Commission that the law enforcement agency has reviewed the applicant's disciplinary record.

(d) A probationary appointment as a police officer, police supervisor, or police administrator may be made for a period not exceeding 1 year to enable the individual seeking permanent appointment to take a training course required by this subtitle.

(e) A probationary appointee is entitled to a leave of absence with pay during the period of the training program.

(f) Prior cannabis use may not be the basis for disqualifying an applicant for a position as a police officer.

#### Section 3-216

(a) A law enforcement agency may not employ an individual as a police officer for a period not exceeding 1 year unless the individual is certified by the Commission.

(b)

  (1) In this subsection, "nonfull-time police officer" means an individual who does not work in the law enforcement field at least 7 months during the calendar year.

  (2) The certification requirements of subsection (a) of this section do not apply to the nonfull-time police officers of a law enforcement agency that:

    (i) employs, during a calendar year, at least 70 full-time sworn police officers; and

    (ii) employs at least 100 nonfull-time police officers.

#### Section 3-217

An individual may not serve as a police officer when the certification of the police officer has lapsed or has been suspended or revoked by the Commission.

#### Section 3-218

(a) Except as expressly provided in this subtitle, this subtitle does not limit the powers, rights, duties, or responsibilities of the government of a county or municipal corporation.

(b) This subtitle supersedes any law, ordinance, or regulation of the State, a county, or a municipal corporation that conflicts with this subtitle.

### Subtitle 3. Special Police Officers

#### Section 3-301

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

(b) "Central Repository" has the meaning stated in Sec. 10-101 of the Criminal Procedure Article.

(c) "Commission" means a special police commission issued under this subtitle.

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

(e) "Special police officer" means an individual who holds a commission issued under this subtitle.

#### Section 3-302

The Governor may appoint and deputize as a special police officer each individual that the Governor considers qualified for a commission.

#### Section 3-303

(a) The following entities may apply for the appointment of special police officers for the following purposes:

  (1) a municipal corporation, county, or other governmental body of the State, in order to protect property owned, leased, or regularly used by the governmental body or any of its units;

  (2) another state, or subdivision or unit of another state, that has an interest in property located wholly or partly in this State, in order to protect the property;

  (3) a college, university, or public school system in the State, in order to protect its property or students;

  (4) a person that exists and functions for a legal business purpose, in order to protect its business property; or

  (5) a person that holds a valid license as a security guard agency under Title 19, Subtitle 3 of the Business Occupations and Professions Article, in order to protect property owned or leased by its clients.

(b) The applicant for a commission shall be at least 18 years old.

(c)

  (1) This subsection does not apply to an applicant for an initial commission who, within 5 years prior to application, has:

    (i) completed a basic training course for police officers approved by the Secretary in consultation with the Maryland Police Training and Standards Commission;

    (ii) completed a basic training course for police officers similar to the course described in item (i) of this paragraph in another state or for the federal government;

    (iii) separated from a law enforcement agency in good standing; or

    (iv) completed training approved by the Maryland Police Training and Standards Commission for a special police officer at a State institution of higher education.

  (2) An applicant for an initial commission shall complete a training course approved by the Secretary in consultation with the Maryland Police Training and Standards Commission consisting of at least 80 hours of instruction, including instruction on:

    (i) criminal law;

    (ii) constitutional procedural requirements relating to search, seizure, and arrest; and

    (iii) the appropriate use of force.

#### Section 3-304

(a)

  (1) The employer of an applicant for a commission shall submit the application under this section.

  (2) A separate application is required for each individual applicant for a commission.

(b)

  (1) The employer of an applicant for a commission shall submit to the Secretary:

    (i) an application in the manner and format designated by the Secretary; and

    (ii) subject to paragraph (4) of this subsection, an application fee of $100 in a method approved by the Secretary, to cover the cost of an investigation of the applicant.

  (2) As part of the application for a commission, the applicant shall submit to the Secretary:

    (i) two sets of the applicant's legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; and

    (ii) the fees required under subsection (c) of this section.

  (3) The application fee is nonrefundable.

  (4) An application fee may not be charged to a unit of the State.

(c)

  (1) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a special police commission.

  (2) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

    (i) a complete set of the applicant's legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

    (ii) the fee authorized under Sec. 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

    (iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

  (3) The Central Repository shall provide a receipt to the applicant for the fees paid in accordance with paragraph (2)(ii) and (iii) of this subsection.

  (4) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant's criminal history information.

  (5) Information obtained from the Central Repository under this section:

    (i) is confidential and may not be disseminated; and

    (ii) may be used only for the purposes authorized by this section.

  (6) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department of State Police Licensing Division a revised printed statement of the applicant's or special police officer's State criminal history record.

#### Section 3-305

(a)

  (1) The Secretary shall investigate the character, reputation, and qualifications of each applicant for a commission.

  (2) The investigation shall include an investigation of the applicant's criminal record.

  (3) The Secretary shall conduct the investigation in accordance with rules and regulations adopted by the Secretary.

(b)

  (1) On completion of the investigation, the Secretary shall notify the applicant of the final decision of the Secretary on whether to recommend the denial or the granting of the application to the Governor.

  (2) Any person aggrieved by a final decision of the Secretary to recommend the denial of an application under this section may take an appeal as a contested case in accordance with Title 10, Subtitle 2 of the State Government Article.

(c)

  (1) The Secretary shall transmit to the Governor:

    (i) the results of the investigation;

    (ii) a recommendation on denying or granting the application;

    (iii) the reasons for the recommendation; and

    (iv) the final disposition of any appeal made by an aggrieved person described in subsection (b)(2) of this section.

  (2) The Governor may accept the recommendation of the Secretary but need not issue a commission approved by the Secretary if the Governor believes it not to be in the best interest of the State to do so.

#### Section 3-306

(a) The Governor shall issue a commission to each applicant approved by the Governor.

(b) The commission shall indicate:

  (1) the term of the commission; and

  (2) the property that the commission is intended to cover or the purpose for which the commission is issued.

#### Section 3-307

(a) Each special police officer shall protect and preserve peace and good order on the property described in the application for the commission.

(b) A special police officer may:

  (1) arrest individuals who trespass or commit offenses on the property described in the application for the commission;

  (2) exercise the powers of a police officer on the property described in the application for the commission;

  (3) exercise the powers of a police officer in a county or municipal corporation of the State in connection with the care, custody, and protection of other property of the entity that requested the appointment of the special police officer or other property, real or personal, for which the entity has assumed an obligation to maintain or protect; and

  (4) direct and control traffic on public highways and roads in the immediate vicinity of the property described in the application for the commission in order to facilitate the orderly movement of traffic to and from the property, if the Secretary approves of this activity in advance.

(c)

  (1) A special police officer may make an arrest or issue a traffic citation for a violation of the Maryland Vehicle Law or any other State or local traffic law or regulation only if the special police officer:

    (i) has a probationary or permanent appointment as a security officer or is a member of an industrial police force; and

    (ii) has completed the basic training course for police officers as established by the Maryland Police Training and Standards Commission in accordance with Subtitle 2 of this title.

  (2) A special police officer may exercise the power described in paragraph (1) of this subsection only on the property of the special police officer's employer as described in the application for the commission, unless the special police officer is in active pursuit for the purpose of immediate apprehension.

#### Section 3-308

(a) The special police officer is responsible for:

  (1) any abuse of the special police officer's powers; and

  (2) the exercise of the special police officer's powers on property not within the special police officer's jurisdiction.

(b) The entity that requested the appointment of the special police officer is also responsible for:

  (1) any wrongful action that the special police officer commits in the course of the special police officer's duties; and

  (2) any abuse of the powers granted by the commission, either on or off the premises.

#### Section 3-309

(a) Within 30 days after issuance of a commission and before performing the duties of a special police officer, each special police officer shall take the oath required by Article I, Sec. 9 of the Maryland Constitution before the clerk of the circuit court where the commission is received.

(b) The clerk of the court shall transmit to the Secretary of State a certificate that indicates that the special police officer has taken the oath required by subsection (a) of this section.

#### Section 3-310

(a)

  (1) Unless a special police officer is on detective duty, the special police officer shall wear:

    (i) a uniform that is distinguishable from ordinary civilian clothing and that gives notice that the special police officer is a special police officer; and

    (ii) a distinctive police badge that properly identifies the officer as a special police officer.

  (2) The badge shall be worn in plain view.

  (3) The uniform, badge, vehicle, equipment, and identification are subject to approval by the Department of State Police.

(b) Each special police officer on detective duty shall carry:

  (1) identification that properly identifies the special police officer as a special police officer; and

  (2) the distinctive police badge described in subsection (a) of this section.

(c)

  (1) A special police officer shall surrender to the special police officer's employer any identification or badge that identifies the individual as a special police officer within 48 hours after the suspension or termination of:

    (i) the employment of the special police officer; or

    (ii) the commission of the special police officer in accordance with Sec. 3-313 of this subtitle.

  (2) The special police officer's employer shall return the special police commission card to the Secretary within 10 days after the suspension or termination of a special police officer.

#### Section 3-311

(a) Each special police officer is deemed to be an employee of the entity that requested the appointment.

(b) A special police officer shall be compensated by the entity on whatever terms contracted for.

#### Section 3-312

(a) An initial commission expires 3 years after its date of issuance.

(b)

  (1) At the end of the term of a commission, the commission is renewable for a 3-year term if:

    (i) before submitting an application for renewal, the special police officer has completed 12 hours of in-service training approved by the Secretary in consultation with the Maryland Police Training and Standards Commission; and

    (ii) the employer of the special police officer submits to the Secretary:

      (1) an application in the manner and format designated by the Secretary;

      (2) one complete set of the applicant's legible fingerprints taken in a format approved by the Director of the Federal Bureau of Investigation;

      (3) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

      (4) subject to paragraph (2) of this subsection, a renewal fee of $60.

  (2) A renewal fee may not be charged to a unit of the State.

(c)

  (1) The Secretary shall apply to the Central Repository for a national criminal history records check for each applicant for a special police commission.

  (2) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

    (i) a complete set of the applicant's legible fingerprints taken in a format approved by the Director of the Federal Bureau of Investigation; and

    (ii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

  (3) The Central Repository shall provide a receipt to the applicant for the fees paid in accordance with paragraph (2)(ii) of this subsection.

  (4) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant's criminal history information.

  (5) Information obtained from the Central Repository under this section:

    (i) is confidential and may not be disseminated; and

    (ii) may be used only for the purposes authorized by this section.

(d) The Secretary may set the deadline for submitting a renewal application to the Secretary.

#### Section 3-313

(a)

  (1) Except as provided in subsection (c) of this section, a commission is suspended or terminates when the employer of the special police officer files written notice with the Secretary that states that the special police officer is suspended from or relieved of the duties of a special police officer.

  (2) The Governor may suspend or terminate a commission:

    (i) on recommendation of the Secretary; or

    (ii) on the Governor's own motion if the Governor finds it in the best interest of the State.

  (3) The suspension or termination shall be noted in the official records of the Governor.

  (4) The suspension or termination may not take effect until 5 days after notice is sent to both the special police officer and the special police officer's employer.

(b)

  (1)

    (i) The Governor may delegate the power to suspend a commission to the Secretary.

    (ii) The Secretary may suspend a commission if it appears that the action is in the best interest of the public.

    (iii) A suspension issued by the Secretary shall be reviewed by the Governor within 30 days to determine if the suspension should continue or if the commission should be terminated.

  (2) The Governor may delegate the power to suspend or terminate a commission to the Secretary of State, the Deputy Secretary of State, or both.

(c) A commission does not terminate if:

  (1) an employer no longer needs the services of a special police officer because the employer has transferred the business property described in the commission to another person for legal business purposes; and

  (2) the other person executes a form prepared by the Secretary of State that affirms that the other person will employ the special police officer to protect that business property and will assume the responsibilities of the original employer as described in this subtitle.

#### Section 3-314

The State and any subdivision or municipal corporation of the State shall have the immunity from liability described under Sec. 5-613 of the Courts Article unless the subdivision or municipal corporation requests the appointment of an individual as a special police officer and the request is granted as provided in this subtitle.

#### Section 3-315

(a) An individual may not exercise or attempt to exercise any of the powers of a special police officer granted under this subtitle without a commission.

(b)

  (1) An individual may not exercise or attempt to exercise any of the powers of a special police officer granted under this subtitle if the individual knows of the suspension or termination of the individual's commission or if the individual has in any manner received notice of the suspension or termination of the individual's commission.

  (2) An individual is presumed to know of a suspension or termination if notice of the suspension or termination is filed and mailed in accordance with Sec. 3-313 of this subtitle.

(c) An employer may not knowingly:

  (1) hire an individual to perform the duties of a special police officer unless the individual holds a commission; or

  (2) continue to employ an individual to perform the duties of a special police officer:

    (i) unless the individual holds a commission; or

    (ii) if the individual's commission is suspended or terminated.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

#### Section 3-316

The Secretary may, as the Secretary considers necessary to carry out the purpose of this subtitle, adopt rules and regulations for the conduct of special police officers.

### Subtitle 4. Maryland Railroad Police Act

#### Section 3-401

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

(b)

  (1) "Railroad company" means a railway company or corporation, together with its subsidiaries, corporate affiliates, and parent companies, that is engaged as a common carrier in the furnishing or sale of transportation subject to Subtitle IV of Title 49 of the United States Code.

  (2) "Railroad company" includes a corporation the title of which contains a combination of words similar to "railway company".

(c) "Railroad police officer" means an individual appointed by the Governor to act as a police officer for a railroad company under this subtitle.

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

#### Section 3-402

Each railroad company located wholly or partly in the State may apply for the appointment of railroad police officers:

(1) to protect property, patrons, passengers, tenants, employees, equipment, and services; and

(2) to preserve peace and order on railroad premises, easements, appurtenant property, trains, cars, and other vehicles.

#### Section 3-403

(a) To qualify for appointment to act as a railroad police officer under this subtitle, an applicant shall be an individual who meets the requirements of this section.

(b)

  (1) The applicant shall be of good moral character.

  (2) The applicant may not have been convicted of a felony or misdemeanor involving moral turpitude.

(c) The applicant shall be at least 21 years old.

(d) The applicant shall:

  (1) be a full-time police officer employed by a railroad company on July 1, 1979; or

  (2) meet all the educational and training requirements required by the Police Training and Standards Commission.

#### Section 3-404

(a) The chief railroad police officer of a railroad company shall:

  (1) submit to the Secretary under oath an application for appointment of each railroad police officer in a manner and format designated by the Secretary; and

  (2) pay to the Secretary the application fee set by the Secretary in a method approved by the Secretary.

(b) The application fee is nonrefundable.

#### Section 3-405

(a)

  (1) The Secretary shall submit to the Governor:

    (i) each application for appointment of a railroad police officer received under this subtitle;

    (ii) a recommendation on denying or granting the application; and

    (iii) the reasons for the recommendation.

  (2) The Governor may accept the recommendation of the Secretary but need not issue an appointment approved by the Secretary if the Governor believes it is not in the best interest of the State to do so.

(b) The Governor shall issue an appointment to act as a railroad police officer to each applicant approved by the Governor.

#### Section 3-406

(a) Each railroad police officer has all the powers granted to a peace or police officer.

(b) A railroad police officer may exercise the powers granted under this subtitle only if the railroad police officer:

  (1) is on real or personal property owned, leased, operated, or controlled by the railroad company that employs the railroad police officer;

  (2) is in fresh pursuit of a suspect;

  (3) is requested or authorized to act by the executive officer or chief police officer of a county; or

  (4) is ordered to act by the Governor.

#### Section 3-407

The railroad company that employs a railroad police officer is liable for any wrongful action or abuse of power by the railroad police officer.

#### Section 3-408

Before performing the duties of a railroad police officer, each railroad police officer shall take the oath required by Article I, Sec. 9 of the Maryland Constitution before the clerk of the circuit court where the appointment is received.

#### Section 3-409

(a) Each railroad police officer who is in uniform and on duty shall wear in plain view a badge that identifies the railroad company that employs the railroad police officer.

(b) Each railroad police officer shall carry an identification card issued by the railroad company that employs the railroad police officer.

#### Section 3-410

Each railroad police officer shall receive compensation from the railroad company that employs the railroad police officer.

#### Section 3-411

An appointment issued under this subtitle remains in effect until:

(1) terminated by the railroad company that employs the railroad police officer; or

(2) revoked for cause by the Governor.

#### Section 3-412

(a) Employment of a railroad police officer ends on the retirement, resignation, or termination of the railroad police officer.

(b) The powers granted to a railroad police officer under this subtitle end when the employment of the railroad police officer ends.

(c) Within 10 days after the employment of a railroad police officer ends, the railroad company that employed the railroad police officer shall file notice with the Governor that the employment has ended.

#### Section 3-413

(a) If sufficient facilities are available, the person in charge of a jail or place of detention shall receive and confine an individual arrested by a railroad police officer.

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

  (1) is deemed to be in the custody of the railroad police; and

  (2) has the same status as an individual arrested by any other peace or police officer of the State.

#### Section 3-414

To carry out the purposes of this subtitle, the Governor may enter into a reciprocal agreement with the governor of another state to empower railroad police officers to perform police functions lawfully exercised by an officer of the reciprocal state that relate to the purposes described in this subtitle.

#### Section 3-415

This subtitle may be cited as the Maryland Railroad Police Act.

### Subtitle 5

#### Section 3-501

(a) In this section, "manufacturer" means a person who possesses a federal license to engage in the business of manufacturing firearms or ammunition for sale or distribution.

(b) Except as provided in subsection (c) of this section, a law enforcement agency seeking to dispose of a handgun owned by the agency shall:

  (1) destroy the handgun;

  (2) sell, exchange, or transfer the handgun to another law enforcement agency for official use by that agency;

  (3) sell the handgun to a retired police employee in accordance with Sec. 2-415(c) of this article;

  (4) sell the handgun to the law enforcement officer to whom the handgun was assigned; or

  (5) sell, exchange, or transfer the handgun to a manufacturer.

(c) If a law enforcement officer is killed or dies in the performance of duty, a law enforcement agency may transfer the handgun of the deceased officer to the next of kin of the deceased officer, if the requirements of Title 5, Subtitle 1 of this article relating to firearms applications are met.

#### Section 3-501.1

(a)

  (1) On or before March 1 each year, beginning March 1, 2023, the Baltimore Police Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly regarding the firearms destroyed, seized, or recovered by the Baltimore Police Department during the preceding calendar year.

  (2) The report required under paragraph (1) of this subsection shall address:

    (i) the number of firearms destroyed, seized, or recovered during the reporting period;

    (ii) the manufacturer and type of each firearm, to the extent known, including whether it is a handgun, rifle, machine gun, or shotgun;

    (iii) whether each firearm had a serial number;

    (iv) the reason for the destruction of each firearm;

    (v) the source of each firearm, including seizure from a criminal defendant, crime evidence, agency purchase, turned in to the agency by a citizen, or any other source; and

    (vi) any other relevant information.

(b) The report submitted on March 1, 2023, under subsection (a) of this section shall also include information regarding firearms destroyed, seized, or recovered by the Baltimore Police Department during each calendar year from 2012 through 2021.

(c) If the Baltimore Police Department has not submitted a report required under subsection (a) of this section, the Governor's Office of Crime Prevention and Policy may not make any grant funds available to the Baltimore Police Department.

#### Section 3-502

(a) In this section, "police officer" means a member of:

  (1) a police force of this State or another state;

  (2) a police force of a county or municipal corporation of this State or another state;

  (3) the United States Secret Service Uniformed Division;

  (4) the United States Park Police;

  (5) the Washington Metropolitan Area Transit Authority (WMATA) Metro Transit Police;

  (6) the Federal Bureau of Investigation;

  (7) the Drug Enforcement Administration; or

  (8) a division of a federal agency the primary duties of which are the investigation, apprehension, or detention of individuals suspected or convicted of federal crimes.

(b) A person may not, with fraudulent design on person or property, falsely represent that the person is a police officer, special police officer, sheriff, deputy sheriff, or constable.

(c) Except as provided in subsection (e) of this section, a person may not have, use, wear, or display a uniform, shield, button, ornament, badge, identification, or shoulder patch adopted by the Department of State Police to be worn by its members, insignia, or emblem of office, as is worn by a police officer, sheriff, deputy sheriff, or constable.

(d) A person may not, for the purpose of deception, have a simulation or imitation of an article described in subsection (c) of this section as is worn by a police officer, sheriff, deputy sheriff, or constable.

(e) A person may have, use, wear, or display an article described in subsection (c) of this section with the appropriate authority of:

  (1) the Secretary of State Police;

  (2) a police force of another state;

  (3) the Police Commissioner of Baltimore City;

  (4) the chief of police of a county or municipal corporation of this State or another state;

  (5) a sheriff or deputy sheriff;

  (6) a constable;

  (7) the United States Secret Service Uniformed Division;

  (8) the United States Park Police;

  (9) the Washington Metropolitan Area Transit Authority (WMATA) Metro Transit Police;

  (10) the Federal Bureau of Investigation;

  (11) the Drug Enforcement Administration; or

  (12) a division of a federal agency the primary duties of which are the investigation, apprehension, or detention of individuals suspected or convicted of federal crimes.

(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

#### Section 3-503

(a) The purpose of this section is to preserve, promote, and protect public safety and peace in the State.

(b) This section applies to an agent, employee, or representative of another state or a political subdivision of another state who is present in this State to enforce the laws of the other state.

(c)

  (1) A person subject to this section shall register with the law enforcement agency designated by the governing body of a county when the person enters the county for the purpose of surveillance of the presence or activities of customers or patrons of a business establishment in the State that is engaged in the lawful sale or supply of goods or services.

  (2) When registering, a person subject to this section shall provide:

    (i) the name and address of the person;

    (ii) the name of the person's employer or principal; and

    (iii) the location of the proposed surveillance.

  (3) On request, the registration record shall be made available during normal business hours to the public and to lawful business or commercial enterprises in the State.

(d)

  (1) A person who fails to register in accordance with this section may not register for 6 months after the failure to register is judicially determined.

  (2) The registration of a person who violates this section shall be suspended for 6 months after the violation is judicially determined.

(e) A person who violates this section while the person's right to register is suspended or while the person's registration is suspended, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

#### Section 3-504

(a) In this section, "quota" means the mandating of a finite number of arrests made or citations issued that a law enforcement officer must meet in a specified time period.

(b) A law enforcement agency may not:

  (1) establish a formal or informal quota for the law enforcement agency or law enforcement officers of the agency; or

  (2) use the number of arrests made or citations issued by a law enforcement officer as the sole or primary criterion for promotion, demotion, dismissal, or transfer of the officer.

(c) This section does not preclude a law enforcement agency from:

  (1) using quantitative data for arrests, citations, and other law enforcement activities as management tools or in evaluating performance;

  (2) collecting, analyzing, and applying information concerning the number of arrests and citations in order to ensure that a particular law enforcement officer or group of law enforcement officers does not violate an applicable legal obligation; or

  (3) assessing the proportion of the arrests made and citations issued by a law enforcement officer or group of law enforcement officers.

#### Section 3-505

(a) In this section, "local law enforcement agency" means the police department of a county or municipal corporation in the State.

(b)

  (1) This section does not apply to personal property purchased or otherwise acquired for use by a local law enforcement agency or to contraband.

  (2) This section does not apply to personal property  retained by a local law enforcement agency 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.

(c)

  (1) Except as provided in paragraph (2) of this  subsection, the local law enforcement agency shall hold personal property that comes into the possession of the local law enforcement agency until the local law enforcement agency determines that:

    (i) the property is no longer needed in connection with a prosecution; or

    (ii) if the property is not connected to a prosecution, retention of the property is no longer relevant to the local law enforcement agency.

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

(d)

  (1) After a local law enforcement agency determines that personal property is no longer needed in connection with a prosecution or retention of the property is no longer relevant to the local law enforcement agency, the local law enforcement agency shall notify the owner of the property that the local law enforcement agency is in possession of the property.

  (2) After notification, the owner of the property has up to 30 days to secure the immediate release of the property to the owner or the owner's designee with proper identification.

(e)

  (1) At any time after personal property has been in the possession of a local law enforcement agency for 3 months and the local law enforcement agency determines that the property is no longer needed in connection with a prosecution or retention of the property is no longer relevant to the local law enforcement agency, the local law enforcement agency 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 the county or municipal corporation in each of two successive weeks.

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

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

(f) The certificate of the local law enforcement agency 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.

(g)

  (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 local law enforcement agency in an amount equal to the expense of sale and all expenses incurred while the property was in the possession of the local law enforcement agency;

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

    (iii) third, to the general fund of the county or municipal corporation, 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 of the county or municipal corporation under paragraph (1)(iii) of this subsection.

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

(h) This section does not create or recognize any cause, action, or defense or abridge any immunity now or in the future held by a local law enforcement agency or an employee of a local law enforcement agency.

#### Section 3-506

(a) On or before December 1, 2007, each law enforcement agency in the State shall adopt written policies relating to eyewitness identification that comply with the United States Department of Justice standards on obtaining accurate eyewitness identification.

(b) On or before January 1, 2016, each law enforcement agency in the State shall:

  (1) adopt the Maryland Police Training and Standards Commission's Eyewitness Identification Model Policy; or

  (2) adopt and implement a written policy relating to identification procedures that complies with Sec. 3-506.1 of this subtitle.

#### Section 3-506.1

(a)

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

  (2) "Administrator" means the person conducting an identification procedure.

  (3) "Blind" means the administrator does not know the identity of the suspect.

  (4) "Blinded" means the administrator may know who the suspect is but does not know which lineup member is being viewed by the eyewitness.

  (5) "Eyewitness" means a person who observes another person at or near the scene of an offense.

  (6) "Filler" means a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure.

  (7) "Folder shuffle method" means a system for conducting a photo lineup that:

    (i) complies with the requirements of this section; and

    (ii) is conducted by placing photographs in folders, randomly numbering the folders, shuffling the folders, and then presenting the folders sequentially so that the administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed.

  (8) "Identification procedure" means a procedure in which a live lineup is conducted or an array of photographs, including a photograph of a suspect and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness in hard copy form or by computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.

  (9) "Identification statement" means a documented statement that is sought by the administrator when an identification is made:

    (i) from the eyewitness;

    (ii) in the own words of the eyewitness, describing the eyewitness's confidence level that the person identified is the perpetrator of the crime;

    (iii) given at the time of the viewing by the eyewitness during the identification procedure; and

    (iv) given before the eyewitness is given feedback.

  (10) "Live lineup" means a procedure in which a perpetrator is placed among a group of other persons whose general appearance resembles the perpetrator.

  (11) "Perpetrator" means a person who committed an offense.

  (12) "Suspect" means a person who is suspected of committing an offense.

(b)

  (1) An identification procedure shall be conducted by a blind or blinded administrator.

  (2) An administrator may be blinded through the use of:

    (i) an automated computer program that prevents the administrator from seeing which photos the eyewitness is viewing until after the identification procedure is completed; or

    (ii) the folder shuffle method.

  (3) Before an identification procedure is conducted, an eyewitness shall be instructed, without other eyewitnesses present, that the perpetrator may or may not be among the persons in the identification procedure.

  (4) When an identification is made in a live lineup or photo array, the administrator shall document in writing all identification statements made by the eyewitness.

(c) In an identification procedure:

  (1) each filler shall resemble the description of the perpetrator given by the eyewitness in significant physical features, including any unique or unusual features;

  (2) at least five fillers, in addition to the suspect, shall be included when an array of photographs is displayed to an eyewitness; and

  (3) at least four fillers, in addition to the suspect, shall be included in a live lineup.

(d) If an eyewitness has previously participated in an identification procedure in connection with the identification of another person suspected of involvement in the offense, the fillers in the identification procedure shall be different from the fillers used in any prior identification procedure.

(e) If there are multiple eyewitnesses:

  (1) the identification procedure shall be conducted separately for each eyewitness;

  (2) the suspect shall be placed in a different position for each identification procedure conducted for each eyewitness; and

  (3) the eyewitnesses may not be allowed to communicate with each other until all identification procedures have been completed.

(f)

  (1) Except as provided in paragraph (2) of this subsection, the administrator shall make a written record of the identification procedure that includes the following information:

    (i) all identification and nonidentification results obtained during the identification procedures;

    (ii) the signed identification statement of the eyewitness;

    (iii) the names of all persons present at the identification procedure;

    (iv) the date and time of the identification procedure;

    (v) any eyewitness identification of a filler; and

    (vi) all photographs used in the identification procedure.

  (2) If a video or audio record of the identification procedure captures all of the information in paragraph (1) of this subsection, a written record is not required.

#### Section 3-507

(a)

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

  (2) "Death in the line of duty" means the death of a law enforcement officer occurring while the officer is acting in the officer's official capacity while on duty or while the officer is off duty, but performing activities that are within the scope of the officer's official duties.

  (3) "Law enforcement agency" has the meaning stated in Sec. 2-101 of this article.

  (4)

    (i) "Law enforcement officer" has the meaning stated in Sec. 1-101 of this article.

    (ii) "Law enforcement officer" includes a private security officer performing duties as part of a contract with a law enforcement agency.

  (5) "Officer-involved death" means the death of an individual resulting directly from an act or omission of a law enforcement officer while the officer is on duty or while the officer is off duty, but performing activities that are within the scope of the officer's official duties.

(b) On or before March 1, 2016, and March 1 of each subsequent year, each local law enforcement agency shall provide the Governor's Office of Crime Prevention and Policy with information, for the previous calendar year, about each officer-involved death and death in the line of duty that involved a law enforcement officer employed by the agency, to include at a minimum:

  (1) the age, gender, ethnicity, and race of a deceased individual;

  (2) the age, gender, ethnicity, and race of the officer involved;

  (3) a brief description of the circumstances surrounding the death;

  (4) the date, time, and location of the death; and

  (5) the law enforcement agency of the officer who:

    (i) died, if the incident involved an officer who died in the line of duty; or

    (ii) detained, arrested, or was in the process of arresting the deceased, if the incident involved an officer-involved death.

(c) The Governor's Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information described in subsection (b) of this section.

(d) The Governor's Office of Crime Prevention and Policy shall analyze and disseminate the information provided under subsection (b) of this section.

(e) The Governor's Office of Crime Prevention and Policy shall make an annual report on the incidence of officer-involved deaths and deaths in the line of duty in the State to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on or before June 30 of each year.

#### Section 3-508

(a)

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

  (2) "Commission" means the Maryland Police Training and Standards Commission.

  (3) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (4) "Office" means the Governor's Office of Crime Prevention and Policy.

  (5) "Police officer" has the meaning stated in Sec. 3-201 of this title.

  (6) "SWAT team" means a special unit composed of two or more police officers within a law enforcement agency trained to deal with unusually dangerous or violent situations and having special equipment and weapons, including rifles more powerful than those carried by regular police officers.

(b) Every 6 months, beginning July 1, 2022, a law enforcement agency that maintains a SWAT team shall report the following information to the Office using the format developed under subsection (c) of this section:

  (1) the number of times the SWAT team was activated and deployed by the law enforcement agency in the previous 6 months;

  (2) the name of the county or county and municipal corporation and the zip code of the location where the SWAT team was deployed for each activation;

  (3) the reason for each activation and deployment of the SWAT team;

  (4) the legal authority, including type of warrant, if any, for each activation and deployment of the SWAT team; and

  (5) the result of each activation and deployment of the SWAT team, including:

    (i) the number of arrests made, if any;

    (ii) whether property was seized;

    (iii) whether a forcible entry was made;

    (iv) whether a weapon was discharged by a SWAT team member; and

    (v) whether a person or domestic animal was injured or killed by a SWAT team member.

(c) The Commission, in consultation with the Office, shall develop a standardized format that each law enforcement agency shall use in reporting data to the Office under subsection (b) of this section.

(d) A law enforcement agency shall:

  (1) compile the data described in subsection (b) of this section for each 6-month period as a report in the format required under subsection (c) of this section; and

  (2) not later than the 15th day of the month following the 6-month period that is the subject of the report, submit the report to:

    (i) the Office; and

    (ii)

      (1) the local governing body of the jurisdiction served by the law enforcement agency that employs the SWAT team that is the subject of the report; or

      (2) if the jurisdiction served by the law enforcement agency that employs the SWAT team that is the subject of the report is a municipal corporation, the chief executive officer of the jurisdiction.

(e)

  (1) The Office shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section.

  (2) Before September 1 each year, the Office shall:

    (i) submit a report of the analyses and summaries of the reports of law enforcement agencies described in paragraph (1) of this subsection to the Governor, the General Assembly as provided in Sec. 2-1257 of the State Government Article, and each law enforcement agency; and

    (ii) publish the report on its website.

(f)

  (1) If a law enforcement agency fails to comply with the reporting provisions of this section, the Office shall report the noncompliance to the Commission.

  (2) On receipt of a report of noncompliance, the Commission shall contact the law enforcement agency and request that the agency comply with the required reporting provisions.

  (3) If the law enforcement agency fails to comply with the required reporting provisions of this section within 30 days after being contacted by the Commission with a request to comply, the Office and the Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

#### Section 3-509

(a)

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

  (2)

    (i) "Active data" means:

      (1) data uploaded to individual automatic license plate reader system units before operation; and

      (2) data gathered during the operation of an automatic license plate reader system.

    (ii) "Active data" does not include historical data.

  (3) "Automatic license plate reader system" means a system of one or more mobile or fixed high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data.

  (4)

    (i) "Captured plate data" means the global positioning system coordinates, dates and times, photographs, license plate numbers, and any other data collected by or derived from an automatic license plate reader system.

    (ii) "Captured plate data" includes active data and historical data.

  (5) "Center" means the Maryland Coordination and Analysis Center.

  (6) "Criminal justice information" means information relating to criminal justice collected, processed, or preserved by a law enforcement agency.

  (7) "Historical data" means any data collected by an automatic license plate reader system and stored:

    (i) in an automatic license plate reader database operated by or for the Maryland Coordination and Analysis Center or by or for a law enforcement agency; or

    (ii) through cloud computing.

  (8) "Law enforcement agency" has the meaning stated in Sec. 3-201(d) of this title.

  (9) "Legitimate law enforcement purpose" means the investigation, detection, or analysis of a crime or a violation of the Maryland vehicle laws or the operation of terrorist or missing or endangered person searches or alerts.

(b)

  (1) A law enforcement agency may not use captured plate data unless the agency has a legitimate law enforcement purpose.

  (2) Automatic license plate historical data captured in accordance with this section:

    (i) is the property of the law enforcement agency;

    (ii) may not be sold for any purpose by a law enforcement agency or vendor contracted by a law enforcement agency, including the sale of subscriptions or licenses to access data;

    (iii) may not be accessed by a vendor contracted by a law enforcement agency unless access is expressly requested and authorized by the law enforcement agency;

    (iv) may not be uploaded for any reason by the law enforcement agency or a vendor contracted by the law enforcement agency that stores the data to any other law enforcement agency or entity, regardless of whether the agency or entity is located inside or outside the State; and

    (v) may be uploaded to a database owned or operated by the Maryland Coordination and Analysis Center.

  (3) An employee of a law enforcement agency or the vendor contracted by the law enforcement agency who violates this subsection is subject to imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both.

(c)

  (1) The Department of State Police and any law enforcement agency using an automatic license plate reader system shall adopt procedures relating to the operation and use of the system.

  (2) The procedures shall include:

    (i) which personnel in the Center or a law enforcement agency are authorized to query captured plate data gathered by an automatic license plate reader system;

    (ii) procedures to protect personally identifiable information and criminal justice information collected and stored in an automatic license plate reader database;

    (iii) an audit process to ensure that information obtained through the use of an automatic license plate reader system is used only for legitimate law enforcement purposes, including audits of requests made by individual law enforcement agencies, an individual law enforcement officer, or a vendor contracted by a law enforcement agency;

    (iv) procedures and safeguards to ensure that Center staff with access to the automatic license plate reader database are adequately screened and trained; and

    (v) procedures to certify whether an automatic license plate reader system experienced a data breach and a requirement for any vendor operating a database for a law enforcement agency to report:

      (1) any breaches of the database;

      (2) the number of employees who have access to the database; and

      (3) any unauthorized releases of information.

(d) Information gathered by an automatic license plate reader system is not subject to disclosure under the Maryland Public Information Act.

(e) On or before March 1 of each year beginning in 2016, the Department of State Police, in conjunction with the Center and law enforcement agencies that maintain an automatic license plate reader database, shall report to the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the Legislative Policy Committee, in accordance with Sec. 2-1257 of the State Government Article, on the following information based on data from the previous calendar year:

  (1) the total number of automatic license plate reader units being operated in the State by law enforcement agencies and the number of units submitting data to the Center;

  (2) the number of automatic license plate reader readings made by a law enforcement agency that maintains an automatic license plate reader database and the number of readings submitted to the Center;

  (3) the number of automatic license plate reader readings being retained on the automatic license plate reader database;

  (4) the number of requests made to the Center and each law enforcement agency that maintains an automatic license plate reader database for automatic license plate reader data, including specific numbers for:

    (i) the number of requests that resulted in a release of information;

    (ii) the number of out-of-state requests;

    (iii) the number of federal requests;

    (iv) the number of out-of-state requests that resulted in a release of information; and

    (v) the number of federal requests that resulted in a release of information;

  (5) any data breaches or unauthorized uses of the automatic license plate reader database; and

  (6) a list of audits that were completed by the Center or a law enforcement agency.

#### Section 3-511

(a) In this section, "law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

(b) On or before January 1, 2016, the Maryland Police Training and Standards Commission shall develop and publish online a policy for the issuance and use of a body-worn camera by a law enforcement officer that addresses:

  (1) the testing of body-worn cameras to ensure adequate functioning;

  (2) the procedure for the law enforcement officer to follow if the camera fails to properly operate at the beginning of or during the law enforcement officer's shift;

  (3) when recording is mandatory;

  (4) when recording is prohibited;

  (5) when recording is discretionary;

  (6) when recording may require consent of a subject being recorded;

  (7) when a recording may be ended;

  (8) providing notice of recording;

  (9) access to and confidentiality of recordings;

  (10) the secure storage of data from a body-worn camera;

  (11) review and use of recordings;

  (12) retention of recordings;

  (13) dissemination and release of recordings;

  (14) consequences for violations of the agency's body-worn camera policy;

  (15) notification requirements when another individual becomes a party to the communication following the initial notification;

  (16) specific protections for individuals when there is an expectation of privacy in private or public places; and

  (17) any additional issues determined to be relevant in the implementation and use of body-worn cameras by law enforcement officers.

(c)

  (1)

    (i) This paragraph applies to:

      (1) the Department of State Police;

      (2) the Anne Arundel County Police Department;

      (3) the Howard County Police Department; and

      (4) the Harford County Sheriff's Office.

    (ii) On or before July 1, 2023, a law enforcement agency to which this paragraph applies shall require the use of body-worn cameras, subject to the policy on the use of body-worn cameras developed by the law enforcement agency, by each law enforcement officer employed by the law enforcement agency who regularly interacts with members of the public as part of the law enforcement officer's official duties.

  (2) On or before July 1, 2025, a law enforcement agency of a county, other than a law enforcement agency described in paragraph (1) of this subsection, shall require the use of body-worn cameras, subject to the policy on the use of body-worn cameras developed by the law enforcement agency, by each law enforcement officer employed by the law enforcement agency who regularly interacts with members of the public as part of the law enforcement officer's official duties.

(d)

  (1) A law enforcement agency described in subsection (c) of this section shall develop and maintain a written policy consistent with the policy published by the Maryland Police Training and Standards Commission under subsection (b) of this section for the use of body-worn cameras.

  (2) A policy developed and maintained under paragraph (1) of this subsection shall specify which law enforcement officers employed by the law enforcement agency are required to use body-worn cameras.

(e) A body-worn camera that possesses the requisite technological capability shall automatically record and save at least 60 seconds of video footage immediately prior to the officer activating the record button on the device.

(f) A law enforcement agency may not negate or alter any of the requirements or policies established in accordance with this section through collective bargaining.

#### Section 3-511.1

(a)

  (1) The Department of General Services, in coordination with the Department of Information Technology, shall negotiate contracts, at the request of one or more law enforcement agencies, with third parties for the acquisition or maintenance of body-worn cameras, equipment, or technology for law enforcement agencies.

  (2) The contracts negotiated under paragraph (1) of this subsection may include contracts for any related equipment or technology determined to be necessary for the effective use of body-worn cameras.

  (3) The Department of General Services shall notify all law enforcement agencies of the contracts that are being negotiated under paragraph (1) of this subsection by posting the contracts on eMaryland Marketplace Advantage.

(b) The contracts negotiated under subsection (a) of this section shall prioritize:

  (1) equipment and technology that complies with the policies developed by the Maryland Police Training and Standards Commission under Sec. 3-511 of this subtitle;

  (2) equipment and technology that conform to industry standards and best practices;

  (3) cybersecurity and data privacy;

  (4) compatibility with different equipment and technology;

  (5) capabilities to effectively view, edit, redact, and transfer data from body-worn cameras; and

  (6) cost effectiveness.

(c) For any contract negotiated under subsection (a) of this section, the right of a law enforcement agency to receive services from an entity related to viewing, editing, redacting, or transferring data from body-worn cameras may not be restricted in any manner.

#### Section 3-512

(a) On or before February 1 of each year, the Police Commissioner of Baltimore City shall report the following information concerning the Baltimore Police Department to the Mayor and City Council of Baltimore and, in accordance with Sec. 2-1257 of the State Government Article, the members of the Baltimore City Delegation to the General Assembly for the previous calendar year:

  (1) the total number of sworn police officers in the Department;

  (2) the number of sworn African American police officers in the Department;

  (3) the number of sworn female police officers in the Department;

  (4) the number of sworn police officers in the Department who are residents of Baltimore City;

  (5) the number of recruiting events the Department sponsored or participated in in Baltimore City;

  (6) the number of instances of use of force that resulted in the transport of a civilian to a hospital by an emergency vehicle, when the injury occurred as a direct result of an officer's actions;

  (7) the number of civilian complaints about the use of force by an officer;

  (8) the number of officers who were suspended with pay;

  (9) the number of officers who were suspended without pay;

  (10) the percentage of patrol officers who were assigned to neighborhood patrols;

  (11) the number of youth under the age of 18 years referred to intervention programs by officers; and

  (12) a description of the Department's community policing efforts, including community policing programs, participation in town hall meetings, and efforts to engage with schools, recreation centers, community centers, and senior centers.

(b) The report required under subsection (a) of this section shall be made available to the public on the Department's website.

#### Section 3-513

(a)

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

  (2) "Commission" has the meaning stated in Sec. 3-201 of this title.

  (3) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

(b)

  (1) A law enforcement agency shall provide a retiring law enforcement officer with an identification card under this section within 45 days after the officer's retirement from the agency if the officer:

    (i) meets the requirements of subsection (c) of this section; and

    (ii) pays the fee set by the agency under paragraph (3) of this subsection.

  (2) If a law enforcement officer retired before October 1, 2015, on request of the retired officer, the law enforcement agency from which the officer retired shall provide the officer with an identification card under this section within 60 days after the officer makes the request if the officer:

    (i) meets the requirements of subsection (c) of this section; and

    (ii) pays the fee set by the agency under paragraph (3) of this subsection.

  (3) A law enforcement agency may charge a reasonable fee not exceeding $20 for each identification card or replacement card issued under this section.

(c) To qualify for an identification card under this section, a law enforcement officer:

  (1) shall have retired in good standing as a law enforcement officer for reasons other than mental instability; and

  (2) before retirement shall have:

    (i) been certified by the Commission;

    (ii) had statutory powers of arrest in the State; and

    (iii) completed an applicable probationary period.

(d) An identification card issued under this section shall be in the form approved by the Commission and include:

  (1) the caption "Retired Law Enforcement Officer" printed on the front of the card;

  (2) a photograph of the retired law enforcement officer whose name appears on the card;

  (3) the name of the retired law enforcement officer;

  (4) the name of the law enforcement agency that issued the card;

  (5) the date the card was issued and a statement that the card does not expire; and

  (6) the following statement: "This card is the property of the issuing law enforcement agency.".

#### Section 3-514

(a)

  (1) Each law enforcement agency shall require a police officer who was involved in a use of force incident in the line of duty to file an incident report regarding the use of force by the end of the officer's shift unless the officer is disabled.

  (2) The incident report required under paragraph (1) of this subsection shall include:

    (i) the type of encounter;

    (ii) the type of force used;

    (iii) the location of the incident where force was used;

    (iv) whether the individual against whom force was used was arrested;

    (v) what charges, if any, for which the individual against whom force was used was arrested;

    (vi) whether the individual against whom force was used requested or required medical care;

    (vii) whether the law enforcement officer requested or required medical care; and

    (viii) demographic information about any individuals against whom force was used and any law enforcement officer involved in the incident, including race, ethnicity, gender, and age.

(b)

  (1) On or before July 1, 2023, and July 1 each year thereafter, each law enforcement agency shall submit to the Maryland Police Training and Standards Commission the aggregate data of police officers' use of force reported in accordance with subsection (a) of this section for the previous calendar year, aggregated by numbers of complaints administratively charged, not charged, unfounded, and exonerated.

  (2) On or before July 15 each year, the Maryland Police Training and Standards Commission shall post on its website and submit to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, a compendium of the information submitted by law enforcement agencies under paragraph (1) of this subsection.

  (3) If a law enforcement agency has not submitted the report required under paragraph (1) of this subsection by July 1 for the previous calendar year, the Governor's Office of Crime Prevention and Policy may not make any grant funds available to that law enforcement agency.

#### Section 3-515

(a)

  (1) Except as provided in paragraph (2) of this subsection, each law enforcement agency shall post all of the official policies of the law enforcement agency, including public complaint procedures and collective bargaining agreements:

    (i) on the website of the Maryland Police Training and Standards Commission; and

    (ii) on the agency's own website, if the agency maintains a website.

  (2) A chief may prohibit the posting under this subsection of administrative or operational policies that if disclosed would jeopardize operations or create a risk to public or officer safety, including policies related to high-risk prisoner transport security measures, operational response to active shooters, or the use of confidential informants.

(b) Each law enforcement agency shall post in a prominent public location an explanation of the procedures for filing:

  (1) a complaint of police officer misconduct; and

  (2) a request to obtain records relating to an administrative or criminal investigation of misconduct by a police officer under the Public Information Act.

#### Section 3-516

(a) Each law enforcement agency shall establish a confidential and nonpunitive early intervention system to identify police officers who are at risk of engaging in the use of excessive force and to provide the officers with training, behavioral interventions, reassignments, or other appropriate responses to reduce the risk of the use of excessive force.

(b) A system described in this section may not prevent the investigation of or imposition of discipline for any particular complaint.

#### Section 3-517

(a) In this section, "local law enforcement agency" means:

  (1) a police department of a county or municipal corporation in the State; or

  (2) a sheriff's office that provides a law enforcement function in a county or municipal corporation in the State.

(b) Each local law enforcement agency shall adopt a community policing program in accordance with best practices developed by the Maryland Police Training and Standards Commission.

(c) Each local law enforcement agency shall:

  (1) post a detailed description of the local law enforcement agency's community policing program on the Internet in accordance with Sec. 3-515 of this subtitle; and

  (2) annually file a detailed description of the local law enforcement agency's community policing program with the Maryland Police Training and Standards Commission, in accordance with Sec. 3-207 of this title.

#### Section 3-518

Each law enforcement agency shall annually report to the Maryland Police Training and Standards Commission, in accordance with Sec. 3-207 of this title:

(1) the number of serious officer-involved incidents;

(2) the number of officers disciplined; and

(3) the type of discipline administered to each officer who was disciplined.

#### Section 3-519

(a) Each law enforcement agency shall adopt the uniform citizen complaint process developed by the Maryland Police Training and Standards Commission under Sec. 3-207 of this title.

(b) A law enforcement agency shall post the agency's citizen complaint process on the agency's website if the agency maintains a website.

#### Section 3-519.1

(a) Each law enforcement agency shall adopt the uniform citizen positive community feedback process developed by the Maryland Police Training and Standards Commission under Sec. 3-207 of this title.

(b) A law enforcement agency shall:

  (1) post the agency's positive community feedback process on the agency's website if the agency maintains a website; and

  (2) maintain a record of positive community feedback for all law enforcement officers within the agency.

(c) Notwithstanding any other provision of law, records maintained under subsection (b) of this section are subject to public inspection in accordance with the Maryland Public Information Act.

#### Section 3-520

Each local law enforcement agency shall collaborate with the local school system to establish policies for responding to an emergency at each public school within its jurisdiction.

#### Section 3-521

(a)

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

  (2) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (3) "Surplus program" means a program operated by the federal government for the transfer of surplus military equipment to a law enforcement agency.

(b) On or before February 1 each year, the Department of State Police shall submit a report on the acquisition of equipment by law enforcement agencies through surplus programs within the preceding calendar year to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

(c) The Department of State Police shall include in a prominent location on its public website a link to the Defense Logistics Agency's report listing excess Department of Defense property transfers to law enforcement agencies through the Law Enforcement Support Office.

#### Section 3-522

(a)

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

  (2) "Center" means the Crisis Intervention Team Center of Excellence.

  (3) "Collaborative Committee" means the Collaborative Planning and Implementation Committee for the Crisis Intervention Team Center of Excellence.

  (4) "Crisis intervention model program" means a nationally recognized crisis intervention team program developed and published by the University of Memphis in Tennessee or a comparable nationally recognized crisis intervention team program.

  (5) "Local behavioral health authority" means the designated county or multicounty authority that is responsible for planning, managing, and monitoring publicly funded mental health, substance-related disorder, and addictive disorder services.

(b)

  (1) There is a Crisis Intervention Team Center of Excellence in the Governor's Office of Crime Prevention and Policy.

  (2) The purpose of the Center is to provide technical support to local governments, law enforcement, public safety agencies, behavioral health agencies, and crisis service providers and to develop and implement a crisis intervention model program.

  (3) The Governor's Office of Crime Prevention and Policy shall appoint the following individuals to oversee the Center:

    (i) a crisis intervention law enforcement coordinator;

    (ii) a mental health coordinator;

    (iii) an advocacy coordinator; and

    (iv) additional coordinators necessary as determined by the Governor's Office of Crime Prevention and Policy.

  (4) The Center shall be guided by the Collaborative Committee.

  (5) The Center may:

    (i) on request, assist a law enforcement agency or local government in implementing a crisis intervention model program;

    (ii) provide educational resources to law enforcement to promote crisis intervention team programs; and

    (iii) monitor statewide progress for implementation of crisis intervention model programs.

(c)

  (1) There is a Collaborative Planning and Implementation Committee for the Center.

  (2) The Collaborative Committee shall include the following members:

    (i) the Executive Director of the Maryland Police Training and Standards Commission, or the Executive Director's designee;

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

    (iii) the Director of the Behavioral Health Administration, or the Director's designee; and

    (iv) the following individuals, appointed by the Executive Director of the Governor's Office of Crime Prevention and Policy:

      (1) at least one representative of a local behavioral health authority;

      (2) at least one representative from family and consumer mental health organizations;

      (3) a representative from the Maryland Municipal League;

      (4) a representative from the Maryland Chiefs of Police Association;

      (5) a representative from the Maryland Association of Counties;

      (6) a representative of a local crisis intervention team;

      (7) other members determined to be necessary to carry out the work of the Collaborative Committee; and

      (8) a representative from the Maryland Sheriffs' Association.

  (3) A member appointed by the Executive Director of the Governor's Office of Crime Prevention and Policy:

    (i) serves for a term of 3 years and until a successor is appointed and qualifies; and

    (ii) may be reappointed.

  (4) A member of the Collaborative Committee:

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

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

  (5) The Collaborative Committee shall:

    (i) review services and training provided by the Center;

    (ii) develop outcome measures for and evaluation of the Center;

    (iii) develop recommendations for full implementation of the crisis intervention model program at the municipal, county, and State level; and

    (iv) provide general oversight of the Center.

(d)

  (1) Subject to paragraph (2) of this subsection, the operation of the Center and Collaborative Committee shall be supported by:

    (i) appropriations provided in the State budget;

    (ii) grants or other assistance from federal, State, or local government; and

    (iii) any other money made available to the Center from any public or private source.

  (2) The operation of the Center is subject to the limitations of the State budget and their funds received under this subsection.

(e)

  (1) On or before December 1 each year, the Center shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on:

    (i) the activities of the Center; and

    (ii) related criminal justice efforts occurring at the State and local levels to direct individuals away from the criminal justice system and emergency medical system by providing access to alternative services at the earliest possible point in the individual's encounter with law enforcement.

  (2) The report shall include an analysis regarding any deficiencies and recommendations on priorities for improving the criminal justice system response to and treatment of individuals with mental illness.

#### Section 3-523

(a)

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

  (2) "Employee assistance program" means a work-based program offered to all police officers that provides access to voluntary and confidential services to address the mental health issues of a police officer stemming from personal and work-related concerns, including stress, financial issues, legal issues, family problems, office conflicts, and alcohol and substance abuse disorders.

  (3) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (4) "Police officer" has the meaning stated in Sec. 3-201 of this title.

(b) Each law enforcement agency shall provide access to an employee assistance program for all police officers whom the law enforcement agency employs.

(c) The employee assistance program required by this section shall provide police officers access to confidential mental health services, including:

  (1) counseling services;

  (2) crisis counseling;

  (3) stress management counseling;

  (4) resiliency sessions; and

  (5) peer support services for police officers.

(d)

  (1) In addition to the requirements of Sec. 3-516 of this subtitle and subject to paragraph (2) of this subsection, as part of the employee assistance program required by this section, before a police officer returns to full duty, a law enforcement agency shall provide:

    (i) a voluntary mental health consultation and voluntary counseling services to the police officer if the police officer is involved in an incident involving an accident resulting in a fatality; and

    (ii) a mandatory mental health consultation and voluntary counseling services to the police officer if the police officer is involved in an incident involving:

      (1) a serious injury to the police officer;

      (2) an officer-involved shooting; or

      (3) any use of force resulting in a fatality or serious injury.

  (2) A mental health consultation and counseling service provided under paragraph (1) of this subsection shall be confidential.

(e) The employee assistance program required by this section shall include a component designed to protect the mental health of police officers during periods of public demonstrations and unrest.

(f) Each law enforcement agency shall develop a policy to provide access to the services required by this section at no cost to a police officer.

#### Section 3-524

(a) This section shall be known as the Maryland Use of Force Statute.

(b)

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

  (2) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (3) "Police officer" means:

    (i) a police officer as defined in Sec. 3-201 of this title; or

    (ii) a special police officer as defined in Sec. 3-301 of this title.

  (4) "Serious physical injury" has the meaning stated in Sec. 3-201 of the Criminal Law Article.

(c) Each police officer shall sign an affirmative written sanctity of life pledge to respect every human life and act with compassion toward others.

(d)

  (1) A police officer may not use force against a person unless, under the totality of the circumstances, the force is necessary and proportional to:

    (i) prevent an imminent threat of physical injury to a person; or

    (ii) effectuate a legitimate law enforcement objective.

  (2) A police officer shall cease the use of force as soon as:

    (i) the person on whom the force is used:

      (1) is under the police officer's control; or

      (2) no longer poses an imminent threat of physical injury or death to the police officer or to another person; or

    (ii) the police officer determines that force will no longer accomplish a legitimate law enforcement objective.

(e) A police officer shall:

  (1) when time, circumstances, and safety allow, take steps to gain compliance and de-escalate conflict without using physical force;

  (2) intervene to prevent or terminate the use of force by another police officer beyond what is authorized under subsection (d) of this section;

  (3) render basic first aid to a person injured as a result of police action and promptly request appropriate medical assistance; and

  (4) fully document all use of force incidents that the officer observed or was involved in.

(f) A police supervisor shall:

  (1) respond to the scene of any incident during which a police officer used physical force and caused serious physical injury; and

  (2) gather and review all known video recordings of a use of force incident.

(g) A law enforcement agency shall:

  (1) have a written de-escalation of force policy; and

  (2) adopt a written policy requiring supervisory and command-level review of all use of force incidents.

(h) A police officer shall:

  (1) undergo training on when a police officer may or may not draw a firearm or point a firearm at a person and enforcement options that are less likely to cause death or serious physical injury, including scenario-based training, de-escalation tactics and techniques, and reasonable alternatives to decrease physical injury; and

  (2) sign a training completion document stating that the officer understands and shall comply with the Maryland Use of Force Statute.

(i)

  (1) A police officer may not intentionally violate subsection (d) of this section, resulting in serious physical injury or death to a person.

  (2) A police officer who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.

  (3) A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing a violation of this subsection.

#### Section 3-525

(a)

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

  (2) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (3) "No-knock search warrant" means a search warrant authorizing entry into a building, an apartment, a premises, a place, or a thing to be searched without giving notice of the officer's authority or purpose.

  (4) "Police officer" has the meaning stated in Sec. 3-201 of this title.

  (5) "SWAT team" means a special unit composed of two or more police officers within a law enforcement agency trained to deal with unusually dangerous or violent situations and having special equipment and weapons, including rifles more powerful than those carried by regular police officers.

(b) A law enforcement agency shall report the following information relating to search warrants executed by the law enforcement agency during the prior calendar year to the Governor's Office of Crime Prevention and Policy using the format developed under subsection (c) of this section:

  (1) the number of times a no-knock search warrant was executed in the previous year;

  (2) the name of the county and municipal corporation and the zip code of the location where each no-knock search warrant was executed;

  (3) for each search warrant executed, the number of days from the issuance until the execution of the search warrant, disaggregated by whether the search warrant was a no-knock search warrant;

  (4) the legal basis for each no-knock search warrant issued;

  (5) the number of times a search warrant was executed under circumstances in which a police officer made forcible entry into the building, apartment, premises, place, or thing to be searched specified in the warrant;

  (6) the number of times a SWAT team was deployed to execute a search warrant;

  (7) the number of arrests made, if any, during the execution of a search warrant;

  (8) the number of times property was seized during the execution of a search warrant;

  (9) the number of times a weapon was discharged by a police officer during the execution of a search warrant; and

  (10) the number of times a person or domestic animal was injured or killed during the execution of a search warrant, disaggregated by whether the person or animal was injured or killed by a police officer.

(c) The Maryland Police Training and Standards Commission, in consultation with the Governor's Office of Crime Prevention and Policy, shall develop a standardized format for each law enforcement agency to use in reporting data to the Governor's Office of Crime Prevention and Policy under subsection (b) of this section.

(d) A law enforcement agency shall:

  (1) compile the data described in subsection (b) of this section for each 1-year period as a report in the format required under subsection (c) of this section; and

  (2) not later than January 15 each year, submit the report to:

    (i) the Governor's Office of Crime Prevention and Policy; and

    (ii)

      (1) the local governing body of the jurisdiction served by the law enforcement agency that is the subject of the report; or

      (2) if the jurisdiction served by the law enforcement agency is a municipal corporation, the chief executive officer of the jurisdiction.

(e)

  (1) The Governor's Office of Crime Prevention and Policy shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section.

  (2) Before September 1 each year, the Governor's Office of Crime Prevention and Policy shall:

    (i) submit a report of the analyses and summaries of the reports of law enforcement agencies described in paragraph (1) of this subsection to the Governor, each law enforcement agency, and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly; and

    (ii) publish the report on its website.

(f)

  (1) If a law enforcement agency fails to comply with the reporting provisions of this section, the Governor's Office of Crime Prevention and Policy shall report the noncompliance to the Maryland Police Training and Standards Commission.

  (2) On receipt of a report of noncompliance, the Maryland Police Training and Standards Commission shall contact the law enforcement agency and request that the agency comply with the required reporting provisions.

  (3) If the law enforcement agency fails to comply with the required reporting provisions of this section within 30 days after being contacted by the Maryland Police Training and Standards Commission with a request to comply, the Governor's Office of Crime Prevention and Policy and the Maryland Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

#### Section 3-526

(a)

  (1) This section applies only to publicly owned dogs that are:

    (i) licensed under Sec. 2-313 of this article; or

    (ii) used by a State or local fire and rescue entity in fire and rescue work.

  (2) A State or local law enforcement agency or State or local fire and rescue entity that removes from duty a dog used in law enforcement or fire and rescue work shall reimburse an individual who, under a written agreement with the law enforcement agency or State or local fire and rescue entity, takes possession of a law enforcement dog on or after October 1, 2020, or a fire and rescue dog on or after October 1, 2022, for reasonable and necessary veterinary treatment provided to the dog.

  (3) Reimbursement under paragraph (2) of this subsection:

    (i) may be only for usual and customary veterinary treatment that is not attributable to abuse or neglect of the dog and is verified by written receipt; and

    (ii) may not exceed $2,500 during a calendar year and $10,000 over the life of the dog.

  (4)

    (i)

      (1) A State law enforcement agency or fire and rescue entity may accept public donations to meet the requirements of this section.

      (2) The revenue from donations by the public shall be distributed to the K-9 Compassionate Care Fund, which is not subject to appropriation by the Governor, to be used only to meet the requirements of this section.

    (ii) A local law enforcement agency or fire and rescue entity may establish a separate fund to accept and manage public donations in order to meet the requirements of this section.

(b)

  (1) In this section, "Fund" means the K-9 Compassionate Care Fund.

  (2) There is a K-9 Compassionate Care Fund.

  (3) The purpose of the Fund is to provide for veterinary care of retired State law enforcement dogs adopted under subsection (a) of this section.

  (4) The Department of State Police shall administer the Fund.

  (5)

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

    (ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

  (6) The Fund consists of:

    (i) public donations accepted by a State law enforcement agency under subsection (a)(4) of this section;

    (ii) money appropriated in the State budget to the Fund;

    (iii) interest earnings; and

    (iv) any other money from any other source accepted for the benefit of the Fund.

  (7) The Fund may be used only for the reimbursement of usual and customary veterinary treatment that is not attributable to abuse or neglect of an adopted former State law enforcement dog that is verified by written receipts and for administrative expenses.

  (8) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (9) Any interest earnings of the Fund shall be credited to the Fund.

  (10) Expenditures from the Fund may be made only in accordance with the State budget.

  (11) Money expended from the Fund for the veterinary care of retired State law enforcement dogs adopted under subsection (a) of this section is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the veterinary care of retired State law enforcement dogs.

#### Section 3-527

(a)

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

  (2) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (3) "Police officer" has the meaning stated in Sec. 3-201 of this title.

(b) A law enforcement agency shall notify the Independent Investigations Division within the Office of the Attorney General of any police-involved incident that results in the death of an individual or injuries that are likely to result in the death of an individual as soon as the law enforcement agency becomes aware of the incident.

(c)

  (1) A law enforcement agency shall cooperate with and may not impede the Independent Investigations Division in connection with an investigation conducted under Sec. 6-602 of the State Government Article.

  (2) On request of the Attorney General or the Attorney General's designee, a local law enforcement agency shall provide any requested evidence to the Independent Investigations Division.

(d)

  (1) The Attorney General or the Attorney General's designee may seek temporary or permanent injunctive relief in a court of competent jurisdiction in order to facilitate an investigation or to prevent interference with an investigation.

  (2) In a request for injunctive relief brought under this subsection, the Attorney General or the Attorney General's designee is not required to:

    (i) post bond;

    (ii) allege or prove that an adequate remedy at law does not exist; or

    (iii) allege or prove that substantial or irreparable damage would result from any conduct alleged.

#### Section 3-528

(a)

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

  (2) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (3) "Police officer" has the meaning stated in Sec. 3-201 of this title.

(b)

  (1) On or before March 1, 2022, and each March 1 thereafter, each local law enforcement agency shall report to the Governor's Office of Crime Prevention and Policy information, for the previous calendar year, on each use of force incident involving a police officer employed by the law enforcement agency that resulted in a monetary settlement or judgment against the law enforcement agency.

  (2) The information reported shall include:

    (i) the age, gender, ethnicity, and race of each individual involved in the incident;

    (ii) the age, gender, ethnicity, and race of the police officer involved in the incident;

    (iii) a brief description of the circumstances surrounding the incident;

    (iv) the date, time, and location of the incident;

    (v) the date on which the civil action was filed;

    (vi) the date on which the civil action was resolved; and

    (vii) the amount of the settlement or judgment awarded to the plaintiff.

(c) The Governor's Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information required under this section.

(d) On or before June 30 each year, the Governor's Office of Crime Prevention and Policy shall compile and submit an annual report on the information required under this section to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article.

(e) The Governor's Office of Crime Prevention and Policy shall post annually the report required under this section on its website.

#### Section 3-529

(a)

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

  (2)

    (i) "Database" means any database operated by State and local law enforcement agencies, including databases maintained for a law enforcement agency by a private vendor.

    (ii) "Database" does not include a registry operated under Title 11, Subtitle 7 of the Criminal Procedure Article.

  (3)

    (i) "Law enforcement agency" means a federal, state, or local agency authorized to enforce criminal laws.

    (ii) "Law enforcement agency" includes the Maryland Department of Public Safety and Correctional Services.

  (4) "Message switching system" means a law enforcement communications platform that automatically routes, formats, and delivers electronic queries and responses between law enforcement agencies and databases.

(b) An entity operating a database or a message switching system shall:

  (1) deny access to the database or message switching system to any person who is seeking access for the purpose of enforcing immigration law, unless the person presents a valid warrant issued by a federal court or a court of this State; and

  (2) require an individual accessing the database or message switching system to provide to the entity:

    (i) the individual's name;

    (ii) the individual's contact information, including a telephone number, an e-mail address, and a physical address; and

    (iii) unless the individual presents a valid warrant issued by a federal court or a court of this State, a statement by the individual, under penalty of perjury, that the individual is not accessing the database or message switching system for the purpose of enforcing immigration law.

(c) Each entity operating a database and, with respect to a message switching system, the Department of Public Safety and Correctional Services shall adopt regulations to implement this section.

#### Section 3-530

(a) The Governor's Office of Crime Prevention and Policy shall request and analyze data relating to juveniles who are charged, convicted, and sentenced as adults in the State, including data from:

  (1) law enforcement agencies in the State;

  (2) the Administrative Office of the Courts;

  (3) local correctional facilities in the State; and

  (4) the Department of Public Safety and Correctional Services.

(b) The information collected and analyzed under subsection (a) of this section shall include:

  (1) the number of juveniles charged, convicted, and sentenced as adults;

  (2) the outcomes of cases involving juveniles charged as adults, including whether the case resulted in conviction, dismissal, or transfer to the juvenile court under Sec. 4-202, Sec. 4-202.1, or Sec. 4-202.2 of the Criminal Procedure Article;

  (3) the number of juveniles housed in each State correctional facility and local correctional facility; and

  (4) the length of sentence for each juvenile sentenced as an adult in the State.

(c) On or before December 31, 2023, and on or before December 31 each year thereafter, the Governor's Office of Crime Prevention and Policy shall report its findings to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

#### Section 3-531

(a) There is a Governor's Office of Crime Prevention and Policy.

(b) The Office is a separate unit within the Executive Department.

(c) The Governor may provide for the structure, duties, and responsibilities of the Office by executive order.

#### Section 3-532

(a)

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

  (2) "Interested party" means a health care practitioner, as defined in Sec. 19-144(3) of the Health - General Article, or another interested person who has sufficient information to inform a law enforcement agency of another individual's health-related condition or circumstance that represents a safety concern of the individual.

  (3) "Qualified request" means an oral or written request that includes credible information regarding a specific safety concern.

  (4) "Wellness check" means an in-person visit by a law enforcement officer concerning the well-being of an individual.

(b)

  (1) Subject to subsection (c) of this section, if a law enforcement agency receives a qualified request from an interested party for a wellness check of an individual located in the law enforcement agency's jurisdiction, the law enforcement agency shall conduct a wellness check of the individual without unreasonable delay.

  (2) Subject to subsection (c) of this section, if a law enforcement agency receives a qualified request from an interested party for a wellness check of an individual who is not located in the law enforcement agency's jurisdiction, the law enforcement agency shall submit a request to the relevant law enforcement agency in the State or another state to conduct a wellness check of the individual without unreasonable delay.

(c) If the interested party states in the qualified request that there is a concern for a life-threatening condition, then a fire, rescue, or emergency medical services entity shall conduct the wellness check simultaneously with the law enforcement agency.

(d) A law enforcement agency and, if applicable, a fire, rescue, or emergency medical services entity, that receives a qualified request under this section shall meet the requirements of this section regardless of where the interested party making the qualified request is located.

#### Section 3-533

(a) In this section, "law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

(b) If a law enforcement agency is notified by a medical examiner under Sec. 5-309(d) of the Health - General Article, the law enforcement agency:

  (1) shall reopen or reinvestigate an investigation involving the death of a victim whose cause or manner of death was amended or corrected to be undetermined or homicide; and

  (2) may not close a case that was reopened or reinvestigated under item (1) of this subsection until at least 20 years after the law enforcement agency was notified.

#### Section 3-534

(a)

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

  (2) "Peer support program" means a program provided by a law enforcement agency or the Fraternal Order of Police that provides counseling services from a peer support specialist to a law enforcement officer.

  (3) "Peer support specialist" means a law enforcement officer or a member of the Fraternal Order of Police who:

    (i) has received training in peer support, including emotional and moral support to law enforcement officers who have been involved in or exposed to an emotionally traumatic experience in the course of duty as a law enforcement officer; and

    (ii) is designated by the law enforcement agency to provide the services described in item (i) of this paragraph.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a peer support specialist or peer support program participant may not disclose the contents of any written or oral communication regarding a peer support interaction.

  (2) Paragraph (1) of this subsection does not apply if:

    (i) the communication contains:

      (1) an explicit threat of suicide, the disclosure of which the peer support specialist believes is necessary to avoid a suicide attempt;

      (2) an explicit threat of imminent and serious bodily harm or death to a clearly identified or identifiable individual;

      (3) information relating to the abuse or neglect of a child or vulnerable adult, or abuse or neglect that is otherwise required to be reported by law; or

      (4) the admission of criminal conduct;

    (ii) the disclosure is authorized by each peer support program participant who was a party to the communication; or

    (iii) a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the communication.

  (3) Before the initial peer support interaction with a peer support program participant, a peer support specialist shall inform the peer support program participant in writing of the confidentiality provisions in this subsection.

#### Section 3-535

(a)

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

  (2) "Commission" means the Maryland Police Training and Standards Commission.

  (3) "Law enforcement agency" has the meaning stated in Sec. 3-201 of this title.

  (4) "Protective body armor" has the meaning stated in Sec. 4-101 of this article.

(b)

  (1) Subject to paragraph (2) of this subsection, a law enforcement agency may not assign a law enforcement officer to duties other than administrative duties unless the law enforcement officer is issued protective body armor.

  (2) A law enforcement agency may issue only protective body armor to a law enforcement officer that:

    (i) conforms to all current National Institute of Justice Ballistic Resistance of Body Armor standards; and

    (ii) has not reached the expiration or suggested replacement date indicated by the manufacturer of the protective body armor.

  (3) A law enforcement agency shall replace protective body armor before the expiration or suggested replacement date indicated by the manufacturer.

(c)

  (1) If a law enforcement agency has not replaced a law enforcement officer's protective body armor by the 31st day after the expiration or suggested replacement date indicated by the manufacturer, the law enforcement agency shall promptly notify the Commission.

  (2) After receiving notification under paragraph (1) of this subsection, the Commission shall notify the Governor's Office of Crime Prevention and Policy that the law enforcement agency has failed to replace protective body armor in accordance with subsection (b) of this section.

  (3)

    (i) Except as provided in subparagraph (ii) of this paragraph, after receiving notification under paragraph (2) of this subsection, the Governor's Office of Crime Prevention and Policy shall withhold grant funds available to the law enforcement agency until the law enforcement agency provides proof that the law enforcement agency has purchased or issued replacement protective body armor that meets the requirements of subsection (b) of this section.

    (ii) The Governor's Office of Crime Prevention and Policy may not withhold from a law enforcement agency under subparagraph (i) of this paragraph grant funds specifically designated for the purchase of protective body armor.

  (4) The Governor's Office of Crime Prevention and Policy may not disburse grant funds to a law enforcement agency if in the immediately preceding fiscal year the law enforcement agency:

    (i) failed to notify the Commission in accordance with paragraph (1) of this subsection; or

    (ii) notified the Commission on three or more occasions under paragraph (1) of this subsection.

#### Section 3-536

(a)

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

  (2)

    (i) "Face covering" means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the face of an individual.

    (ii) "Face covering" includes a balaclava, ski mask, neck gaiter, or tactical mask.

    (iii) "Face covering" does not include:

      (1) a translucent face shield or clear mask that does not conceal the wearer's face;

      (2) a medical-grade or surgical mask worn to protect against the transmission of disease or infection;

      (3) a mask or an apparatus, such as a self-contained breathing apparatus, necessary to protect against exposure to any toxins, gas, smoke, or other hazardous or harmful environmental condition;

      (4) a mask, helmet, self-contained breathing apparatus, or other device necessary for underwater use;

      (5) a motorcycle helmet when worn by an individual utilizing a motorcycle or other vehicle that requires a helmet for safe operations;

      (6) eyewear necessary to protect an individual from the use of retinal weapons and lasers;

      (7) a garment worn for religious purposes;

      (8) protective gear worn during tactical operations for purposes of physical safety; or

      (9) any other item worn to follow applicable laws on occupational health and safety or reasonable workplace accommodations.

  (3) "Law enforcement agency" includes a law enforcement agency of:

    (i) the State;

    (ii) another state;

    (iii) a political subdivision of the State or another state; or

    (iv) the federal government.

  (4) "Law enforcement officer" means a sworn member of a law enforcement agency.

(b) This section does not apply to a law enforcement officer actively engaged in an undercover operation.

(c) A law enforcement officer may not wear a face covering while in the performance of duty in the State, except as authorized in the uniform policy adopted by the Maryland Police Training and Standards Commission under Sec. 3-207 of this title.

(d)

  (1) A law enforcement officer who violates this section is guilty of a civil offense and on conviction is subject to a fine not exceeding $1,500.

  (2) A violation of this section constitutes police misconduct for purposes of Subtitle 1 of this title.

(e)

  (1) A police officer may issue a citation to a law enforcement officer who the police officer has probable cause to believe is committing or has committed a violation of this section.

  (2) Adjudication under this section:

    (i) is not a criminal conviction for any purpose; and

    (ii) does not impose any of the civil disabilities that may result from a criminal conviction.

  (3) A citation issued under this section shall be signed by the police officer who issued the citation and shall contain:

    (i) the name and address of the law enforcement officer charged;

    (ii) the statute allegedly violated;

    (iii) the date, location, and time that the violation occurred;

    (iv) the fine that may be imposed;

    (v) a notice stating that prepayment of the fine is allowed; and

    (vi) a notice that states that the District Court shall promptly send the law enforcement officer a summons to appear for trial.

  (4)

    (i) The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court.

    (ii) The Chief Judge of the District Court shall establish a schedule for the prepayment of a fine for a violation of this section.

  (5)

    (i) The law enforcement agency of the police officer who issued the citation shall forward to the District Court having venue a copy of the citation and a request for trial.

    (ii) The District Court shall promptly schedule the case for trial and summon the defendant to appear.

  (6) In any proceeding for a civil offense under this section:

    (i) the State has the burden to prove the guilt of the defendant by a preponderance of the evidence;

    (ii) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal causes;

    (iii) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

    (iv) the defendant is entitled to cross-examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, or to testify on the defendant's own behalf, if the defendant chooses to do so;

    (v) the defendant is entitled to be represented by counsel of the defendant's choice and at the expense of the defendant; and

    (vi) the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

      (1) guilty of a civil offense; or

      (2) not guilty of a civil offense.

  (7) When a defendant has been found guilty of a civil offense under this section and a fine has been imposed by the court, the court may direct that the payment of the fine be suspended or deferred under conditions that the court may establish.

  (8) The defendant may be liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.

  (9)

    (i) A defendant who has been found guilty of a civil offense under this section has the same right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.

    (ii) A motion shall be made in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motion, has the same authority provided in the trial of criminal cases.

  (10) The State's Attorney for a county may prosecute a civil offense under this section in the same manner as prosecution of a violation of the criminal laws of the State.

  (11) In a civil offense case under this section, the State's Attorney may:

    (i) enter a nolle prosequi in or place the case on the stet docket; and

    (ii) exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.

#### Section 3-537

(a)

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

  (2) "Identification" means a law enforcement officer's agency or department, last name, and badge number or other identification number.

  (3) "Law enforcement agency" has the meaning stated in Sec. 3-536 of this subtitle.

  (4) "Law enforcement officer" has the meaning stated in Sec. 3-536 of this subtitle.

(b) This section does not apply to a law enforcement officer working in a plainclothes, nonuniformed, or undercover capacity.

(c)

  (1) A law enforcement officer shall wear identification on the law enforcement officer's outermost layer of clothing while in the performance of duty in the State.

  (2) On request of another, a law enforcement officer shall verbally disclose identification while in the performance of duty in the State.

(d)

  (1) A law enforcement officer who violates this section is guilty of a civil offense and on conviction is subject to a fine not exceeding $1,500.

  (2) A violation of this section constitutes police misconduct for purposes of Subtitle 1 of this title.

(e)

  (1) A police officer may issue a citation to a law enforcement officer who the police officer has probable cause to believe is committing or has committed a violation of this section.

  (2) Adjudication under this section:

    (i) is not a criminal conviction for any purpose; and

    (ii) does not impose any of the civil disabilities that may result from a criminal conviction.

  (3) A citation issued under this section shall be signed by the police officer who issued the citation and shall contain:

    (i) the name and address of the law enforcement officer charged;

    (ii) the statute allegedly violated;

    (iii) the date, location, and time that the violation occurred;

    (iv) the fine that may be imposed;

    (v) a notice stating that prepayment of the fine is allowed; and

    (vi) a notice that states that the District Court shall promptly send the law enforcement officer a summons to appear for trial.

  (4)

    (i) The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court.

    (ii) The Chief Judge of the District Court shall establish a schedule for the prepayment of a fine for a violation of this section.

  (5)

    (i) The law enforcement agency of the police officer who issued the citation shall forward to the District Court having venue a copy of the citation and a request for trial.

    (ii) The District Court shall promptly schedule the case for trial and summon the defendant to appear.

  (6) In any proceeding for a civil offense under this section:

    (i) the State has the burden to prove the guilt of the defendant by a preponderance of the evidence;

    (ii) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal cases;

    (iii) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

    (iv) the defendant is entitled to cross-examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, or to testify on the defendant's own behalf, if the defendant chooses to do so;

    (v) the defendant is entitled to be represented by counsel of the defendant's choice and at the expense of the defendant; and

    (vi) the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

      (1) guilty of a civil offense; or

      (2) not guilty of a civil offense.

  (7) When a defendant has been found guilty of a civil offense under this section and a fine has been imposed by the court, the court may direct that the payment of the fine be suspended or deferred under conditions that the court may establish.

  (8) The defendant may be liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.

  (9)

    (i) A defendant who has been found guilty of a civil offense under this section has the same right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.

    (ii) A motion shall be made in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motion, has the same authority provided in the trial of criminal cases.

  (10) The State's Attorney for a county may prosecute a civil offense under this section in the same manner as prosecution of a violation of the criminal laws of the State.

  (11) In a civil offense case under this section, the State's Attorney may:

    (i) enter a nolle prosequi in or place the case on the stet docket; and

    (ii) exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.

### Subtitle 6. Missing Persons

#### Section 3-601

(a)

  (1) A law enforcement agency may not establish a mandatory waiting period before taking a missing person report.

  (2) A law enforcement agency shall make every effort to inform the general public and the family of a missing person that the agency does not impose a mandatory waiting period before taking a missing person report.

(b) In accordance with subsection (a) of this section, a law enforcement agency:

  (1) shall accept without delay a report of a missing person provided in person; and

  (2) may accept a report of a missing person by phone or other electronic means if:

    (i) that form of reporting is consistent with the policy of the law enforcement agency; and

    (ii) the reporting person completes the report in person as soon as possible.

(c) With regard to a missing person as defined in Sec. 3-604 of this subtitle, a law enforcement agency shall enter all necessary and available information into the National Crime Information Center computer network within 2 hours after receipt of the minimum information necessary to make the entry.

#### Section 3-602

On or before October 1, 2008, all law enforcement agencies in the State shall begin using a uniform report form developed by the Police Training and Standards Commission in accordance with Sec. 3-207 of this title when taking a missing person report.

#### Section 3-603

(a) The Office of the Chief Medical Examiner shall maintain files of DNA samples and photographs of unidentified human remains.

(b) The cremation of human remains is subject to the provisions of Sec. 5-502 of the Health - General Article.

#### Section 3-604

(a)

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

  (2) "Caregiver" means a parent, spouse, guardian, legal custodian, or person responsible for the supervision of another adult.

  (3) "Law enforcement agency" means a State, county, or municipal police department or agency, or a sheriff's department.

  (4) "Missing person" means an individual:

    (i) whose whereabouts are unknown;

    (ii) who suffers a cognitive impairment including a diagnosis of Alzheimer's disease or dementia to the extent that the individual requires assistance from a caregiver; and

    (iii) whose disappearance poses a credible threat to the health and safety of the individual due to age, health, mental or physical disability, environment, or weather conditions, as determined by a law enforcement agency.

(b)

  (1) The Department of State Police shall establish a Silver Alert Program to provide a system for rapid dissemination of information to assist in locating a missing person.

  (2) The Department of State Police shall:

    (i) adopt guidelines and develop procedures for issuing a Silver Alert for a missing person;

    (ii) provide training to local law enforcement agencies on the guidelines and procedures to be used to handle a report of a missing person;

    (iii) provide assistance to a local law enforcement agency, as necessary, to assist in the safe recovery of a missing person;

    (iv) recruit public and commercial television and radio broadcasters, local volunteer groups, and other members of the public to assist in developing and implementing a Silver Alert;

    (v) consult with the State Highway Administration to establish a plan for providing information relevant to a Silver Alert to the public through the dynamic message sign system located across the State; and

    (vi) consult with the State Department of Education to develop a program that:

      (1) allows high school students to assist in the search for a missing person under this section;

      (2) complies with COMAR 13A.03.02.06; and

      (3) is consistent with the student service-learning guidelines developed by the State Department of Education.

(c) A caregiver or person filing a report regarding a missing person immediately shall notify the local law enforcement agency with which the report was filed and the Department of State Police if:

  (1) the missing person who was the subject of the report is located; and

  (2) it is unlikely that the local law enforcement agency or the Department of State Police has knowledge that the missing person has been located.

#### Section 3-605

(a)

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

  (2) "Law enforcement agency" means a State, county, or municipal police department or agency, or a sheriff's department.

  (3) "Missing offender" means an individual:

    (i) whose whereabouts are unknown;

    (ii) who is suspected of killing or seriously injuring a law enforcement officer;

    (iii) whose disappearance poses a serious threat to the public and other law enforcement personnel; and

    (iv) whose vehicle the reporting law enforcement agency is able to describe, including any information about the vehicle's registration plate.

(b)

  (1) The Department of State Police shall establish a Blue Alert Program to provide a system for rapid dissemination of information to assist in locating and apprehending a missing offender.

  (2) The Department of State Police shall:

    (i) adopt guidelines and develop procedures for issuing a Blue Alert for a missing offender;

    (ii) provide training to local law enforcement agencies on the guidelines and procedures to be used to make and handle a report of a missing offender;

    (iii) provide assistance to a local law enforcement agency, as necessary, to assist in the location and apprehension of a missing offender;

    (iv) recruit public and commercial television and radio broadcasters, local volunteer groups, and other members of the public to assist in developing and implementing a Blue Alert; and

    (v) consult with the State Highway Administration and the Governor's Division of Emergency Management to establish a plan for providing information relevant to a Blue Alert to the public through the dynamic message sign system located across the State.

(c) A law enforcement officer or agency that apprehends a missing offender who is the subject of a Blue Alert immediately shall notify the Department of State Police and the law enforcement agency that filed the report resulting in the Blue Alert that the missing offender has been apprehended.

#### Section 3-606

(a)

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

  (2) "Law enforcement agency" means a State, county, or municipal police department or agency, or a sheriff's department.

  (3) "Missing suspect" means an individual:

    (i) whose whereabouts are unknown;

    (ii) who is suspected of violating Sec. 27-113 of the Transportation Article; and

    (iii) whose vehicle the reporting law enforcement agency is able to describe, including any information about the vehicle's registration plate.

(b)

  (1) The Department of State Police shall establish a Yellow Alert Program to provide a system for rapid dissemination of information to assist in locating and apprehending a missing suspect.

  (2) The Department of State Police shall:

    (i) adopt guidelines and develop procedures for issuing a Yellow Alert for a missing suspect;

    (ii) provide training to local law enforcement agencies on the guidelines and procedures to be used to make and handle a report of a missing suspect;

    (iii) provide assistance to a local law enforcement agency, as necessary, to assist in the location and apprehension of a missing suspect;

    (iv) recruit public and commercial television and radio broadcasters, local volunteer groups, and other members of the public to assist in developing and implementing a Yellow Alert; and

    (v) consult with the State Highway Administration to establish a plan for providing information relating to a Yellow Alert to the public through the dynamic message sign system located across the State.

(c) A law enforcement officer or agency that apprehends a missing suspect who is the subject of a Yellow Alert immediately shall notify the Department of State Police and the law enforcement agency that filed the report resulting in the Yellow Alert that the missing suspect has been apprehended.

#### Section 3-607

The Department of State Police shall place a direct link to the Internet site of the Maryland Center for Missing and Unidentified Persons on the home page of the Department's website. 

#### Section 3-608

(a)

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

  (2) "Caregiver" means a parent, spouse, guardian, legal custodian, or person responsible for the supervision of another adult.

  (3) "Developmental disability" has the meaning stated in Sec. 7-101(g) of the Health - General Article.

  (4) "Intellectual disability" has the meaning stated in Sec. 7-101(n) of the Health - General Article.

  (5) "Law enforcement agency" means a State, county, or municipal police department or agency or a sheriff's department.

  (6) "Mental disorder" has the meaning stated in Sec. 10-101 of the Health - General Article.

  (7) "Missing person" means an individual:

    (i) whose whereabouts are unknown;

    (ii)

      (1) who has a cognitive impairment, mental disorder, intellectual or developmental disability, or brain injury that is not:

      (A) Alzheimer's disease;

      (B) dementia; or

      (C) a physical, mental, or emotional disability related to substance abuse; or

      (2) who is deaf, deafblind, hard of hearing, or late-deafened;

    (iii) whose disappearance poses a credible threat to the health and safety of the individual due to age, health, mental or physical disability, environment, or weather conditions, as determined by a law enforcement agency; and

    (iv) who does not meet the criteria for activation of a Silver Alert under Sec. 3-604 of this subtitle.

(b)

  (1) The Department of State Police shall establish a Purple Alert Program to provide a system for rapid dissemination of information to assist in locating a missing person.

  (2) The Department of State Police shall:

    (i) adopt guidelines and develop procedures for issuing a Purple Alert for a missing person;

    (ii) provide training to local law enforcement agencies on the guidelines and procedures to be used to handle a report of a missing person;

    (iii) provide assistance to a local law enforcement agency, as necessary, to assist in the safe recovery of a missing person;

    (iv) recruit public and commercial television and radio broadcasters, local volunteer groups, and other members of the public to assist in developing and implementing a Purple Alert;

    (v) consult with the State Highway Administration to establish a plan for providing information relevant to a Purple Alert to the public through the dynamic message sign system located across the State; and

    (vi) consult with the State Department of Education to develop a program that:

      (1) allows high school students to assist in the search for a missing person under this section;

      (2) complies with COMAR 13A.03.02.06; and

      (3) is consistent with the student service-learning guidelines developed by the State Department of Education.

  (3) The Department of State Police may consult with relevant stakeholders representing citizens with disabilities to develop regulations and procedures to carry out this section.

(c) A caregiver or person filing a report regarding a missing person immediately shall notify the local law enforcement agency with which the report was filed and the Department of State Police if:

  (1) the missing person who was the subject of the report is located; and

  (2) it is unlikely that the local law enforcement agency or the Department of State Police has knowledge that the missing person has been located.

### Subtitle 7. Freedom of Association and Assembly Protection Act

#### Section 3-701

(a)

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

  (2) "Chief" means the head of a law enforcement agency.

  (3)

    (i) "Covert investigation" means an infiltration of or attempt to infiltrate a group or organization in a manner that conceals the identity of the law enforcement agency or the identity of an officer or agent of the law enforcement agency.

    (ii) "Covert investigation" does not include the use of plainclothes officers or employees for crowd control and public safety purposes at public events.

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

  (5) "First Amendment activities" means:

    (i) activities involving constitutionally protected speech or association; or

    (ii) conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, or the right to petition the government.

  (6) "Law enforcement agency" means a police or sheriff's department of the State, a county, a municipal corporation, or a public or private institution of higher education.

  (7) "Legitimate law enforcement objective" means the detection, investigation, deterrence, or prevention of crime, or the apprehension and prosecution of a suspected criminal.

(b)

  (1) This section establishes the responsibilities of a law enforcement agency relating to investigations affecting First Amendment activities and the rights of persons, groups, and organizations engaged in First Amendment activities.

  (2) This section does not apply to investigations that do not involve First Amendment activities.

(c)

  (1) A law enforcement agency may not conduct a covert investigation of a person, a group, or an organization engaged in First Amendment activities unless the chief or the chief's designee makes a written finding in advance or as soon as is practicable afterwards that the covert investigation is justified because:

    (i) it is based on a reasonable, articulable suspicion that the person, group, or organization is planning or engaged in criminal activity; and

    (ii) a less intrusive method of investigation is not likely to yield satisfactory results.

  (2) Membership or participation in a group or organization engaged in First Amendment activities does not alone establish reasonable, articulable suspicion of criminal activity.

(d) A law enforcement agency shall:

  (1) conduct all investigations involving First Amendment activities for a legitimate law enforcement objective; and

  (2) in the process of conducting an investigation, safeguard the constitutional rights and liberties of all persons.

(e) A law enforcement agency may not investigate, prosecute, disrupt, interfere with, harass, or discriminate against a person engaged in a First Amendment activity for the purpose of punishing, retaliating, preventing, or hindering the person from exercising constitutional rights.

(f) An investigation involving First Amendment activities shall be terminated when logical leads have been exhausted or no legitimate law enforcement objective justifies the continuance of the investigation.

(g) A law enforcement agency may not collect or maintain information solely about the political beliefs, ideologies, and associations of a person, group, or organization if:

  (1) the information is not relevant to a criminal investigation; or

  (2) the law enforcement agency does not have a reasonable articulable suspicion that the person, group, or organization advocates, supports, or encourages the violation of any federal, State, or local criminal law that prohibits acts of terrorism, racketeering activity, as defined in 18 U.S.C. Sec. 1961, violence, extortion, destruction of property, intimidation, harassment, obstruction of justice, or fraud.

(h) Information maintained in a criminal intelligence file shall be evaluated for the reliability of the source of the information and the validity and accuracy of the information.

(i)

  (1) A law enforcement agency shall classify accurately intelligence information in its databases to reflect properly the purpose for which the information is collected.

  (2) When a law enforcement agency lists in a database a specific crime for which a person, a group, or an organization is under suspicion, the law enforcement agency shall ensure that the classification is accurate based on the information available to the law enforcement agency at the time.

(j)

  (1) Information gathered and maintained by a law enforcement agency for intelligence purposes may be disseminated only to appropriate persons for legitimate law enforcement objectives in accordance with the law governing the release of police records and with procedures established by the law enforcement agency.

  (2) This subsection may not be interpreted to diminish the rights of a person requesting information under the Maryland Public Information Act.

(k) A law enforcement agency knowingly may not include in any criminal intelligence file information that has been obtained in violation of this section.

(l) On or before January 1, 2010, the Department shall adopt regulations governing:

  (1) the conduct by the Department of covert investigations of persons, groups, or organizations engaged in First Amendment activities; and

  (2) each departmental collection, dissemination, retention, database inclusion, purging, and auditing of intelligence information relating to persons, groups, or organizations engaged in First Amendment activities.

(m) On or before January 1, 2010, each law enforcement agency other than the Department shall adopt a written, publicly available policy governing:

  (1) the conduct by the agency of covert investigations of persons, groups, or organizations engaged in First Amendment activities; and

  (2) each agency collection, dissemination, retention, database inclusion, purging, and auditing of intelligence information relating to persons, groups, or organizations engaged in First Amendment activities.

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