On or before March 1 each year, beginning March 1, 2023, the Baltimore Police Department shall report to the Governor and, in accordance with § 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. The report required under paragraph (1) of this subsection shall address: the number of firearms destroyed, seized, or recovered during the reporting period; the manufacturer and type of each firearm, to the extent known, including whether it is a handgun, rifle, machine gun, or shotgun; whether each firearm had a serial number; the reason for the destruction of each firearm; 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 any other relevant information. 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. 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.

In this section, “police officer” means a member of: a police force of this State or another state; a police force of a county or municipal corporation of this State or another state; the United States Secret Service Uniformed Division; the United States Park Police; the Washington Metropolitan Area Transit Authority (WMATA) Metro Transit Police; the Federal Bureau of Investigation; the Drug Enforcement Administration; or 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. 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. 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. 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. A person may have, use, wear, or display an article described in subsection (c) of this section with the appropriate authority of: the Secretary of State Police; a police force of another state; the Police Commissioner of Baltimore City; the chief of police of a county or municipal corporation of this State or another state; a sheriff or deputy sheriff; a constable; the United States Secret Service Uniformed Division; the United States Park Police; the Washington Metropolitan Area Transit Authority (WMATA) Metro Transit Police; the Federal Bureau of Investigation; the Drug Enforcement Administration; or 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. 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.

The purpose of this section is to preserve, promote, and protect public safety and peace in the State. 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. 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. When registering, a person subject to this section shall provide: the name and address of the person; the name of the person’s employer or principal; and the location of the proposed surveillance. 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. 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. The registration of a person who violates this section shall be suspended for 6 months after the violation is judicially determined. 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.

In this section, “local law enforcement agency” means the police department of a county or municipal corporation in the State. This section does not apply to personal property purchased or otherwise acquired for use by a local law enforcement agency or to contraband. This section does not apply to personal property retained by a local law enforcement agency for use as evidence in a criminal prosecution. This section does not supersede the provisions for seizure and forfeiture contained in Titles 12 and 13 of the Criminal Procedure Article. 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: the property is no longer needed in connection with a prosecution; or if the property is not connected to a prosecution, retention of the property is no longer relevant to the local law enforcement agency. 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. 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. 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. 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: 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 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. After complying with the requirements of paragraph (1) of this subsection, the local law enforcement agency may sell the property at public auction. The terms and manner of sale may be established by rule. 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. The amount received from the sale of personal property in accordance with this section shall be distributed in the following order of priority: 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; second, to lienholders in order of their priority; and third, to the general fund of the county or municipal corporation, subject to paragraphs (2) and (3) of this subsection. 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. 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. 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.

In this section the following words have the meanings indicated. “Administrator” means the person conducting an identification procedure. “Blind” means the administrator does not know the identity of the suspect. “Blinded” means the administrator may know who the suspect is but does not know which lineup member is being viewed by the eyewitness. “Eyewitness” means a person who observes another person at or near the scene of an offense. “Filler” means a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure. “Folder shuffle method” means a system for conducting a photo lineup that: complies with the requirements of this section; and 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. “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. “Identification statement” means a documented statement that is sought by the administrator when an identification is made: from the eyewitness; in the own words of the eyewitness, describing the eyewitness’s confidence level that the person identified is the perpetrator of the crime; given at the time of the viewing by the eyewitness during the identification procedure; and given before the eyewitness is given feedback. “Live lineup” means a procedure in which a perpetrator is placed among a group of other persons whose general appearance resembles the perpetrator. “Perpetrator” means a person who committed an offense. “Suspect” means a person who is suspected of committing an offense. An identification procedure shall be conducted by a blind or blinded administrator. An administrator may be blinded through the use of: an automated computer program that prevents the administrator from seeing which photos the eyewitness is viewing until after the identification procedure is completed; or the folder shuffle method. 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. 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. In an identification procedure: each filler shall resemble the description of the perpetrator given by the eyewitness in significant physical features, including any unique or unusual features; at least five fillers, in addition to the suspect, shall be included when an array of photographs is displayed to an eyewitness; and at least four fillers, in addition to the suspect, shall be included in a live lineup. 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. If there are multiple eyewitnesses: the identification procedure shall be conducted separately for each eyewitness; the suspect shall be placed in a different position for each identification procedure conducted for each eyewitness; and the eyewitnesses may not be allowed to communicate with each other until all identification procedures have been completed. 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: all identification and nonidentification results obtained during the identification procedures; the signed identification statement of the eyewitness; the names of all persons present at the identification procedure; the date and time of the identification procedure; any eyewitness identification of a filler; and all photographs used in the identification procedure. 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.

In this section the following words have the meanings indicated. “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. “Law enforcement agency” has the meaning stated in § 2–101 of this article. “Law enforcement officer” has the meaning stated in § 1–101 of this article. “Law enforcement officer” includes a private security officer performing duties as part of a contract with a law enforcement agency. “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. 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: the age, gender, ethnicity, and race of a deceased individual; the age, gender, ethnicity, and race of the officer involved; a brief description of the circumstances surrounding the death; the date, time, and location of the death; and the law enforcement agency of the officer who: died, if the incident involved an officer who died in the line of duty; or detained, arrested, or was in the process of arresting the deceased, if the incident involved an officer–involved death. 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. The Governor’s Office of Crime Prevention and Policy shall analyze and disseminate the information provided under subsection (b) of this section. 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 § 2–1257 of the State Government Article, on or before June 30 of each year.

In this section the following words have the meanings indicated. “Commission” means the Maryland Police Training and Standards Commission. “Law enforcement agency” has the meaning stated in § 3–201 of this title. “Office” means the Governor’s Office of Crime Prevention and Policy. “Police officer” has the meaning stated in § 3–201 of this title. “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. 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: the number of times the SWAT team was activated and deployed by the law enforcement agency in the previous 6 months; 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; the reason for each activation and deployment of the SWAT team; the legal authority, including type of warrant, if any, for each activation and deployment of the SWAT team; and the result of each activation and deployment of the SWAT team, including: the number of arrests made, if any; whether property was seized; whether a forcible entry was made; whether a weapon was discharged by a SWAT team member; and whether a person or domestic animal was injured or killed by a SWAT team member. 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. A law enforcement agency shall: 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 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: the Office; and 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 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. The Office shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section. Before September 1 each year, the Office shall: 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 § 2–1257 of the State Government Article, and each law enforcement agency; and publish the report on its website. If a law enforcement agency fails to comply with the reporting provisions of this section, the Office shall report the noncompliance to the Commission. 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. 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.

In this section the following words have the meanings indicated. “Active data” means: data uploaded to individual automatic license plate reader system units before operation; and data gathered during the operation of an automatic license plate reader system. “Active data” does not include historical data. “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. “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. “Captured plate data” includes active data and historical data. “Center” means the Maryland Coordination and Analysis Center. “Criminal justice information” means information relating to criminal justice collected, processed, or preserved by a law enforcement agency. “Historical data” means any data collected by an automatic license plate reader system and stored: 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 through cloud computing. “Law enforcement agency” has the meaning stated in § 3–201(d) of this title. “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. A law enforcement agency may not use captured plate data unless the agency has a legitimate law enforcement purpose. Automatic license plate historical data captured in accordance with this section: is the property of the law enforcement agency; 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; 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; 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 may be uploaded to a database owned or operated by the Maryland Coordination and Analysis Center. 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. 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. The procedures shall include: 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; procedures to protect personally identifiable information and criminal justice information collected and stored in an automatic license plate reader database; 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; procedures and safeguards to ensure that Center staff with access to the automatic license plate reader database are adequately screened and trained; and 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: any breaches of the database; the number of employees who have access to the database; and any unauthorized releases of information. Information gathered by an automatic license plate reader system is not subject to disclosure under the Maryland Public Information Act. 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 § 2–1257 of the State Government Article, on the following information based on data from the previous calendar year: 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; 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; the number of automatic license plate reader readings being retained on the automatic license plate reader database; 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: the number of requests that resulted in a release of information; the number of out–of–state requests; the number of federal requests; the number of out–of–state requests that resulted in a release of information; and the number of federal requests that resulted in a release of information; any data breaches or unauthorized uses of the automatic license plate reader database; and a list of audits that were completed by the Center or a law enforcement agency.

In this section, “law enforcement agency” has the meaning stated in § 3–201 of this title. 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: the testing of body–worn cameras to ensure adequate functioning; 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; when recording is mandatory; when recording is prohibited; when recording is discretionary; when recording may require consent of a subject being recorded; when a recording may be ended; providing notice of recording; access to and confidentiality of recordings; the secure storage of data from a body–worn camera; review and use of recordings; retention of recordings; dissemination and release of recordings; consequences for violations of the agency’s body–worn camera policy; notification requirements when another individual becomes a party to the communication following the initial notification; specific protections for individuals when there is an expectation of privacy in private or public places; and any additional issues determined to be relevant in the implementation and use of body–worn cameras by law enforcement officers. This paragraph applies to: the Department of State Police; the Anne Arundel County Police Department; the Howard County Police Department; and the Harford County Sheriff’s Office. 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. 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. 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. 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. 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. A law enforcement agency may not negate or alter any of the requirements or policies established in accordance with this section through collective bargaining.

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. 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. 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. The contracts negotiated under subsection (a) of this section shall prioritize: equipment and technology that complies with the policies developed by the Maryland Police Training and Standards Commission under § 3–511 of this subtitle; equipment and technology that conform to industry standards and best practices; cybersecurity and data privacy; compatibility with different equipment and technology; capabilities to effectively view, edit, redact, and transfer data from body–worn cameras; and cost effectiveness. 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.

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 § 2–1257 of the State Government Article, the members of the Baltimore City Delegation to the General Assembly for the previous calendar year: the total number of sworn police officers in the Department; the number of sworn African American police officers in the Department; the number of sworn female police officers in the Department; the number of sworn police officers in the Department who are residents of Baltimore City; the number of recruiting events the Department sponsored or participated in in Baltimore City; 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; the number of civilian complaints about the use of force by an officer; the number of officers who were suspended with pay; the number of officers who were suspended without pay; the percentage of patrol officers who were assigned to neighborhood patrols; the number of youth under the age of 18 years referred to intervention programs by officers; and 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. The report required under subsection (a) of this section shall be made available to the public on the Department’s website.

In this section the following words have the meanings indicated. “Commission” has the meaning stated in § 3–201 of this title. “Law enforcement agency” has the meaning stated in § 3–201 of this title. 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: meets the requirements of subsection (c) of this section; and pays the fee set by the agency under paragraph (3) of this subsection. 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: meets the requirements of subsection (c) of this section; and pays the fee set by the agency under paragraph (3) of this subsection. A law enforcement agency may charge a reasonable fee not exceeding $20 for each identification card or replacement card issued under this section. To qualify for an identification card under this section, a law enforcement officer: shall have retired in good standing as a law enforcement officer for reasons other than mental instability; and before retirement shall have: been certified by the Commission; had statutory powers of arrest in the State; and completed an applicable probationary period. An identification card issued under this section shall be in the form approved by the Commission and include: the caption “Retired Law Enforcement Officer” printed on the front of the card; a photograph of the retired law enforcement officer whose name appears on the card; the name of the retired law enforcement officer; the name of the law enforcement agency that issued the card; the date the card was issued and a statement that the card does not expire; and the following statement: “This card is the property of the issuing law enforcement agency.”.

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. The incident report required under paragraph (1) of this subsection shall include: the type of encounter; the type of force used; the location of the incident where force was used; whether the individual against whom force was used was arrested; what charges, if any, for which the individual against whom force was used was arrested; whether the individual against whom force was used requested or required medical care; whether the law enforcement officer requested or required medical care; and 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. 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. 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 § 2–1257 of the State Government Article, a compendium of the information submitted by law enforcement agencies under paragraph (1) of this subsection. 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.

In this section the following words have the meanings indicated. “Center” means the Crisis Intervention Team Center of Excellence. “Collaborative Committee” means the Collaborative Planning and Implementation Committee for the Crisis Intervention Team Center of Excellence. “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. “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. There is a Crisis Intervention Team Center of Excellence in the Governor’s Office of Crime Prevention and Policy. 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. The Governor’s Office of Crime Prevention and Policy shall appoint the following individuals to oversee the Center: a crisis intervention law enforcement coordinator; a mental health coordinator; an advocacy coordinator; and additional coordinators necessary as determined by the Governor’s Office of Crime Prevention and Policy. The Center shall be guided by the Collaborative Committee. The Center may: on request, assist a law enforcement agency or local government in implementing a crisis intervention model program; provide educational resources to law enforcement to promote crisis intervention team programs; and monitor statewide progress for implementation of crisis intervention model programs. There is a Collaborative Planning and Implementation Committee for the Center. The Collaborative Committee shall include the following members: the Executive Director of the Maryland Police Training and Standards Commission, or the Executive Director’s designee; the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; the Director of the Behavioral Health Administration, or the Director’s designee; and the following individuals, appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy: at least one representative of a local behavioral health authority; at least one representative from family and consumer mental health organizations; a representative from the Maryland Municipal League; a representative from the Maryland Chiefs of Police Association; a representative from the Maryland Association of Counties; a representative of a local crisis intervention team; other members determined to be necessary to carry out the work of the Collaborative Committee; and a representative from the Maryland Sheriffs’ Association. A member appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy: serves for a term of 3 years and until a successor is appointed and qualifies; and may be reappointed. A member of the Collaborative Committee: may not receive compensation as a member of the Collaborative Committee; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Collaborative Committee shall: review services and training provided by the Center; develop outcome measures for and evaluation of the Center; develop recommendations for full implementation of the crisis intervention model program at the municipal, county, and State level; and provide general oversight of the Center. Subject to paragraph (2) of this subsection, the operation of the Center and Collaborative Committee shall be supported by: appropriations provided in the State budget; grants or other assistance from federal, State, or local government; and any other money made available to the Center from any public or private source. The operation of the Center is subject to the limitations of the State budget and their funds received under this subsection. On or before December 1 each year, the Center shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: the activities of the Center; and 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. 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.

In this section the following words have the meanings indicated. “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. “Law enforcement agency” has the meaning stated in § 3–201 of this title. “Police officer” has the meaning stated in § 3–201 of this title. Each law enforcement agency shall provide access to an employee assistance program for all police officers whom the law enforcement agency employs. The employee assistance program required by this section shall provide police officers access to confidential mental health services, including: counseling services; crisis counseling; stress management counseling; resiliency sessions; and peer support services for police officers. In addition to the requirements of § 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: 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 a mandatory mental health consultation and voluntary counseling services to the police officer if the police officer is involved in an incident involving: a serious injury to the police officer; an officer–involved shooting; or any use of force resulting in a fatality or serious injury. A mental health consultation and counseling service provided under paragraph (1) of this subsection shall be confidential. 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. 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.

This section shall be known as the Maryland Use of Force Statute. In this section the following words have the meanings indicated. “Law enforcement agency” has the meaning stated in § 3–201 of this title. “Police officer” means: a police officer as defined in § 3–201 of this title; or a special police officer as defined in § 3–301 of this title. “Serious physical injury” has the meaning stated in § 3–201 of the Criminal Law Article. Each police officer shall sign an affirmative written sanctity of life pledge to respect every human life and act with compassion toward others. A police officer may not use force against a person unless, under the totality of the circumstances, the force is necessary and proportional to: prevent an imminent threat of physical injury to a person; or effectuate a legitimate law enforcement objective. A police officer shall cease the use of force as soon as: the person on whom the force is used: is under the police officer’s control; or no longer poses an imminent threat of physical injury or death to the police officer or to another person; or the police officer determines that force will no longer accomplish a legitimate law enforcement objective. A police officer shall: when time, circumstances, and safety allow, take steps to gain compliance and de–escalate conflict without using physical force; intervene to prevent or terminate the use of force by another police officer beyond what is authorized under subsection (d) of this section; render basic first aid to a person injured as a result of police action and promptly request appropriate medical assistance; and fully document all use of force incidents that the officer observed or was involved in. A police supervisor shall: respond to the scene of any incident during which a police officer used physical force and caused serious physical injury; and gather and review all known video recordings of a use of force incident. A law enforcement agency shall: have a written de–escalation of force policy; and adopt a written policy requiring supervisory and command–level review of all use of force incidents. A police officer shall: 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 sign a training completion document stating that the officer understands and shall comply with the Maryland Use of Force Statute. A police officer may not intentionally violate subsection (d) of this section, resulting in serious physical injury or death to a person. 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. 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.

In this section the following words have the meanings indicated. “Law enforcement agency” has the meaning stated in § 3–201 of this title. “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. “Police officer” has the meaning stated in § 3–201 of this title. “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. 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: the number of times a no–knock search warrant was executed in the previous year; the name of the county and municipal corporation and the zip code of the location where each no–knock search warrant was executed; 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; the legal basis for each no–knock search warrant issued; 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; the number of times a SWAT team was deployed to execute a search warrant; the number of arrests made, if any, during the execution of a search warrant; the number of times property was seized during the execution of a search warrant; the number of times a weapon was discharged by a police officer during the execution of a search warrant; and 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. 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. A law enforcement agency shall: 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 not later than January 15 each year, submit the report to: the Governor’s Office of Crime Prevention and Policy; and the local governing body of the jurisdiction served by the law enforcement agency that is the subject of the report; or if the jurisdiction served by the law enforcement agency is a municipal corporation, the chief executive officer of the jurisdiction. 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. Before September 1 each year, the Governor’s Office of Crime Prevention and Policy shall: 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 § 2–1257 of the State Government Article, the General Assembly; and publish the report on its website. 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. 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. 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.

This section applies only to publicly owned dogs that are: licensed under § 2–313 of this article; or used by a State or local fire and rescue entity in fire and rescue work. 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. Reimbursement under paragraph (2) of this subsection: 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 may not exceed $2,500 during a calendar year and $10,000 over the life of the dog. A State law enforcement agency or fire and rescue entity may accept public donations to meet the requirements of this section. 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. 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. In this section, “Fund” means the K–9 Compassionate Care Fund. There is a K–9 Compassionate Care Fund. The purpose of the Fund is to provide for veterinary care of retired State law enforcement dogs adopted under subsection (a) of this section. The Department of State Police shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The Fund consists of: public donations accepted by a State law enforcement agency under subsection (a)(4) of this section; money appropriated in the State budget to the Fund; interest earnings; and any other money from any other source accepted for the benefit of the Fund. 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. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any interest earnings of the Fund shall be credited to the Fund. Expenditures from the Fund may be made only in accordance with the State budget. 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.

In this section the following words have the meanings indicated. “Law enforcement agency” has the meaning stated in § 3–201 of this title. “Police officer” has the meaning stated in § 3–201 of this title. 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. A law enforcement agency shall cooperate with and may not impede the Independent Investigations Division in connection with an investigation conducted under § 6–602 of the State Government Article. 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. 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. In a request for injunctive relief brought under this subsection, the Attorney General or the Attorney General’s designee is not required to: post bond; allege or prove that an adequate remedy at law does not exist; or allege or prove that substantial or irreparable damage would result from any conduct alleged.

In this section the following words have the meanings indicated. “Law enforcement agency” has the meaning stated in § 3–201 of this title. “Police officer” has the meaning stated in § 3–201 of this title. 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. The information reported shall include: the age, gender, ethnicity, and race of each individual involved in the incident; the age, gender, ethnicity, and race of the police officer involved in the incident; a brief description of the circumstances surrounding the incident; the date, time, and location of the incident; the date on which the civil action was filed; the date on which the civil action was resolved; and the amount of the settlement or judgment awarded to the plaintiff. The Governor’s Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information required under this section. 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 § 2–1257 of the State Government Article. The Governor’s Office of Crime Prevention and Policy shall post annually the report required under this section on its website.

In this section the following words have the meanings indicated. “Database” means any database operated by State and local law enforcement agencies, including databases maintained for a law enforcement agency by a private vendor. “Database” does not include a registry operated under Title 11, Subtitle 7 of the Criminal Procedure Article. “Law enforcement agency” means a federal, state, or local agency authorized to enforce criminal laws. “Law enforcement agency” includes the Maryland Department of Public Safety and Correctional Services. “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. An entity operating a database or a message switching system shall: 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 require an individual accessing the database or message switching system to provide to the entity: the individual’s name; the individual’s contact information, including a telephone number, an e–mail address, and a physical address; and 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. 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.

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: law enforcement agencies in the State; the Administrative Office of the Courts; local correctional facilities in the State; and the Department of Public Safety and Correctional Services. The information collected and analyzed under subsection (a) of this section shall include: the number of juveniles charged, convicted, and sentenced as adults; the outcomes of cases involving juveniles charged as adults, including whether the case resulted in conviction, dismissal, or transfer to the juvenile court under § 4–202, § 4–202.1, or § 4–202.2 of the Criminal Procedure Article; the number of juveniles housed in each State correctional facility and local correctional facility; and the length of sentence for each juvenile sentenced as an adult in the State. 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 § 2–1257 of the State Government Article, the General Assembly.

In this section the following words have the meanings indicated. “Interested party” means a health care practitioner, as defined in § 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. “Qualified request” means an oral or written request that includes credible information regarding a specific safety concern. “Wellness check” means an in–person visit by a law enforcement officer concerning the well–being of an individual. 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. 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. 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. 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.

In this section the following words have the meanings indicated. “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. “Peer support specialist” means a law enforcement officer or a member of the Fraternal Order of Police who: 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 is designated by the law enforcement agency to provide the services described in item (i) of this paragraph. 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. Paragraph (1) of this subsection does not apply if: the communication contains: an explicit threat of suicide, the disclosure of which the peer support specialist believes is necessary to avoid a suicide attempt; an explicit threat of imminent and serious bodily harm or death to a clearly identified or identifiable individual; 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 the admission of criminal conduct; the disclosure is authorized by each peer support program participant who was a party to the communication; or a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the communication. 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.

In this section the following words have the meanings indicated. “Commission” means the Maryland Police Training and Standards Commission. “Law enforcement agency” has the meaning stated in § 3–201 of this title. “Protective body armor” has the meaning stated in § 4–101 of this article. 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. A law enforcement agency may issue only protective body armor to a law enforcement officer that: conforms to all current National Institute of Justice Ballistic Resistance of Body Armor standards; and has not reached the expiration or suggested replacement date indicated by the manufacturer of the protective body armor. A law enforcement agency shall replace protective body armor before the expiration or suggested replacement date indicated by the manufacturer. 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. 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. 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. 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. 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: failed to notify the Commission in accordance with paragraph (1) of this subsection; or notified the Commission on three or more occasions under paragraph (1) of this subsection.

In this section the following words have the meanings indicated. “Face covering” means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the face of an individual. “Face covering” includes a balaclava, ski mask, neck gaiter, or tactical mask. “Face covering” does not include: a translucent face shield or clear mask that does not conceal the wearer’s face; a medical–grade or surgical mask worn to protect against the transmission of disease or infection; 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; a mask, helmet, self–contained breathing apparatus, or other device necessary for underwater use; a motorcycle helmet when worn by an individual utilizing a motorcycle or other vehicle that requires a helmet for safe operations; eyewear necessary to protect an individual from the use of retinal weapons and lasers; a garment worn for religious purposes; protective gear worn during tactical operations for purposes of physical safety; or any other item worn to follow applicable laws on occupational health and safety or reasonable workplace accommodations. “Law enforcement agency” includes a law enforcement agency of: the State; another state; a political subdivision of the State or another state; or the federal government. “Law enforcement officer” means a sworn member of a law enforcement agency. This section does not apply to a law enforcement officer actively engaged in an undercover operation. 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 § 3–207 of this title. 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. A violation of this section constitutes police misconduct for purposes of Subtitle 1 of this title. 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. Adjudication under this section: is not a criminal conviction for any purpose; and does not impose any of the civil disabilities that may result from a criminal conviction. A citation issued under this section shall be signed by the police officer who issued the citation and shall contain: the name and address of the law enforcement officer charged; the statute allegedly violated; the date, location, and time that the violation occurred; the fine that may be imposed; a notice stating that prepayment of the fine is allowed; and a notice that states that the District Court shall promptly send the law enforcement officer a summons to appear for trial. The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court. The Chief Judge of the District Court shall establish a schedule for the prepayment of a fine for a violation of this section. 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. The District Court shall promptly schedule the case for trial and summon the defendant to appear. In any proceeding for a civil offense under this section: the State has the burden to prove the guilt of the defendant by a preponderance of the evidence; the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal causes; the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges; 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; the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be: guilty of a civil offense; or not guilty of a civil offense. 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. The defendant may be liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund. 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. 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. 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. In a civil offense case under this section, the State’s Attorney may: enter a nolle prosequi in or place the case on the stet docket; and exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.

In this section the following words have the meanings indicated. “Identification” means a law enforcement officer’s agency or department, last name, and badge number or other identification number. “Law enforcement agency” has the meaning stated in § 3–536 of this subtitle. “Law enforcement officer” has the meaning stated in § 3–536 of this subtitle. This section does not apply to a law enforcement officer working in a plainclothes, nonuniformed, or undercover capacity. 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. On request of another, a law enforcement officer shall verbally disclose identification while in the performance of duty in the State. 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. A violation of this section constitutes police misconduct for purposes of Subtitle 1 of this title. 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. Adjudication under this section: is not a criminal conviction for any purpose; and does not impose any of the civil disabilities that may result from a criminal conviction. A citation issued under this section shall be signed by the police officer who issued the citation and shall contain: the name and address of the law enforcement officer charged; the statute allegedly violated; the date, location, and time that the violation occurred; the fine that may be imposed; a notice stating that prepayment of the fine is allowed; and a notice that states that the District Court shall promptly send the law enforcement officer a summons to appear for trial. The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court. The Chief Judge of the District Court shall establish a schedule for the prepayment of a fine for a violation of this section. 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. The District Court shall promptly schedule the case for trial and summon the defendant to appear. In any proceeding for a civil offense under this section: the State has the burden to prove the guilt of the defendant by a preponderance of the evidence; the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal cases; the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges; 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; the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be: guilty of a civil offense; or not guilty of a civil offense. 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. The defendant may be liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund. 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. 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. 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. In a civil offense case under this section, the State’s Attorney may: enter a nolle prosequi in or place the case on the stet docket; and exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.