Md. Code, Pub. Safety | Maryland Code, Public Safety

Title 1

Subtitle 1

§ 1-101

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

(a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(a–2) “Armed forces” has the meaning stated in § 9–901 of the State Government Article.

(b) “County” means a county of the State or Baltimore City.

(i) in an official capacity is authorized by law to make arrests; 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 Baltimore City School Police Force;

4. the Baltimore City Watershed Police Force;

5. the police department, bureau, or force of a county;

6. the police department, bureau, or force of a municipal corporation;

7. the office of the sheriff of a county;

8. the police department, bureau, or force of a bicounty agency;

9. the Maryland Transportation Authority Police;

10. the police forces of the Department of Transportation;

11. the police forces of the Department of Natural Resources;

12. the Field Enforcement Bureau of the Comptroller’s Office;

13. the Field Enforcement Division of the Alcohol and Tobacco Commission;

14. the Housing Authority of Baltimore City Police Force;

15. the Crofton Police Department;

16. the police force of the Maryland Department of Health;

17. the police force of the Maryland Capitol Police of the Department of General Services;

18. the police forces of the University System of Maryland;

19. the police force of Morgan State University;

20. the office of State Fire Marshal;

21. the Ocean Pines Police Department;

22. the police force of the Baltimore City Community College;

23. the police force of the Hagerstown Community College;

24. the Internal Investigation Unit of the Department of Public Safety and Correctional Services;

25. the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department of Public Safety and Correctional Services;

26. the police force of the Anne Arundel Community College; or

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

(2) “Law enforcement officer” does not include:

(i) an individual who serves at the pleasure of the Police Commissioner of Baltimore City;

(ii) an individual who serves at the pleasure of the appointing authority of a charter county;

(iii) the police chief of a municipal corporation;

(iv) an officer who is in probationary status on initial entry into the law enforcement agency except if an allegation of brutality in the execution of the officer’s duties is made;

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

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

(vii) a Prince George’s County fire and explosive investigator as defined in § 2–208.3 of the Criminal Procedure Article;

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

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

(x) a Howard County fire and explosive investigator as defined in § 2–208.6 of the Criminal Procedure Article; or

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

(d) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(d–1) “Reserve component” has the meaning stated in § 9–901 of the State Government Article.

(e) “State” means:

(1) a state, possession, territory, or commonwealth of the United States; or

(2) the District of Columbia.

(f) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(g) “Veteran” has the meaning stated in § 9–901 of the State Government Article.

Subtitle 2

§ 1-201

(a) (1) The Governor may offer a reward in the name of the State for information that leads to the arrest and conviction of an individual who causes the death of any of the following individuals who is killed in the performance of duty:

(i) a law enforcement officer of the State or a political subdivision of the State;

(ii) a career or volunteer member of a fire department or ambulance or rescue squad; or

(iii) a sworn member of the office of State Fire Marshal.

(2) On request of the State’s Attorney of the county in which the death occurred, the Governor may set a reward for the information in an amount not exceeding $25,000 in each case.

(3) The determination of the Governor of the individual to whom a reward is to be paid is conclusive.

(b) The Governor shall include in the State budget each year the amount of any reward made under this section.

§ 1-202

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

(2) (i) “Child” means a natural or adopted, legitimate or illegitimate child or stepchild of the decedent.

(ii) “Child” includes a child or stepchild born posthumously.

(3) “Correctional officer” has the meaning stated in § 8–201(e)(1) of the Correctional Services Article.

(4) “Emergency medical services provider” has the meaning stated in § 13–516 of the Education Article.

(5) “Hazardous material” means any substance regulated as a hazardous material under Title 49 of the Code of Federal Regulations.

(6) “Hazardous material response team employee” means an employee of the Department of the Environment or a local government agency who is on call 24 hours a day to provide emergency response to a discharge of oil or a release of hazardous material or other emergency response activity.

(7) (i) “Law enforcement officer” has the meaning stated in § 1–101 of this title.

(ii) “Law enforcement officer” includes:

1. an officer who serves in a probationary status; and

2. an officer who serves at the pleasure of the appointing authority of a county or municipal corporation.

(8) “9–1–1 specialist” has the meaning stated in § 1–301 of this title.

(9) “Performance of duties” includes, in the case of a volunteer or career firefighter, public safety aviation employee, rescue squad member, or hazardous material response team employee:

(i) actively participating in fighting a fire;

(ii) going to or from a fire;

(iii) performing other duties necessary to the operation or maintenance of the fire company;

(iv) actively participating in the ambulance, advanced life support, or rescue work of an advanced life support unit or a fire, ambulance, or rescue company, including going to or from an emergency or rescue;

(v) providing emergency or rescue assistance, whether acting alone or at the direction of or with a fire, ambulance, or rescue company or advanced life support unit;

(vi) actively participating in flight operations as a crew member in a rotary or fixed wing aircraft; and

(vii) providing emergency response to a discharge of oil or a release of hazardous material or other emergency response activity.

(10) “Public safety aviation employee” includes a pilot and aviation maintenance technician employed by the State.

(11) “Stepchild” means a child of the surviving spouse who was living with or dependent for support on the decedent at the time of the decedent’s death.

(a–1) For purposes of this section, an individual served in the Afghanistan or Iraq conflict if the individual was a member of the uniformed services who served in:

(1) Afghanistan or contiguous air space, as defined in federal regulations, on or after October 24, 2001, and before a terminal date to be prescribed by the United States Secretary of Defense; or

(2) Iraq or contiguous waters or air space, as defined in federal regulations, on or after March 19, 2003, and before a terminal date to be prescribed by the United States Secretary of Defense.

(b) (1) Except as provided in subsections (g)(3) and (k) of this section and subject to subsections (c) and (f) of this section and paragraphs (2) and (3) of this subsection, a death benefit of $125,000 shall be paid to the surviving spouse, child, dependent parent, or estate of each of the following individuals who is killed or dies in the performance of duties on or after January 1, 2006:

(i) a law enforcement officer;

(ii) a correctional officer;

(iii) a volunteer or career firefighter or rescue squad member;

(iv) a sworn member of the office of State Fire Marshal;

(v) a public safety aviation employee;

(vi) a Maryland resident who was a member of the uniform services of the United States serving in the Afghanistan or Iraq conflict;

(vii) a hazardous material response team employee; or

(viii) a 9–1–1 specialist.

(2) For fiscal year 2009, and for each following fiscal year, the death benefit provided in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United States City Average – All Items), as published by the United States Bureau of Labor Statistics.

(3) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, an application for a death benefit under this subsection shall be submitted within 3 years after the death of the decedent.

(ii) If the decedent died before June 1, 2010, an application for a death benefit under this subsection shall be submitted on or before May 31, 2013.

(iii) An application for a death benefit under subsection (g)(3) of this section shall be submitted within 3 years of the finding of evidence that the death of the decedent resulted from an act committed against the decedent by another due to the nature and performance of the decedent’s duties.

(4) A death benefit under this subsection is in addition to:

(i) any workers’ compensation benefits;

(ii) the proceeds of any form of life insurance, regardless of who paid the premiums on the insurance; and

(iii) the funeral benefit provided under subsection (d) of this section.

(5) On receiving notice of the death of an individual described in paragraph (1) of this subsection, the Department of Public Safety and Correctional Services shall take reasonable steps to notify potential recipients of the potential death benefits available under this subsection:

(i) when the Department receives notice of the death; and

(ii) again 1 year after the date of the death, if an application for a death benefit with respect to the death of the decedent has not been submitted.

(c) (1) Whenever an individual identified in subsection (b)(1)(i) through (v) and (vii) of this section dies as the direct and proximate result of a heart attack or stroke, the individual shall be presumed to have died as a direct and proximate result of a personal injury sustained in the performance of duties if:

(i) the individual, while on duty:

1. engaged in a situation that involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, response to a discharge of oil or a release of hazardous material, emergency medical services, prison security, disaster relief, flight operations as a crew member in a rotary or fixed wing aircraft, or other emergency response activity; or

2. participated in a training exercise that involved nonroutine stressful or strenuous physical activity;

(ii) the individual died as a result of a heart attack or stroke that the individual suffered:

1. while engaging or participating in an activity described in item (i)1 or 2 of this paragraph;

2. while still on duty after engaging or participating in an activity described in item (i)1 or 2 of this paragraph; or

3. not later than 24 hours after engaging or participating in an activity described in item (i)1 or 2 of this paragraph; and

(iii) the presumption is not overcome by competent medical evidence to the contrary.

(2) For purposes of paragraph (1) of this subsection, nonroutine stressful or strenuous physical activity does not include actions of a clerical, administrative, or nonmanual nature.

(d) (1) Except as provided in subsection (k) of this section, reasonable funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, parent, or estate of each of the following individuals who is killed or dies in the performance of duties:

(i) a law enforcement officer;

(ii) a correctional officer;

(iii) a volunteer or career firefighter or rescue squad member;

(iv) a public safety aviation employee;

(v) a sworn member of the office of State Fire Marshal; or

(vi) a hazardous material response team employee.

(2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit provided in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United States City Average – All Items), as published by the United States Bureau of Labor Statistics.

(e) (1) The Secretary of State shall issue a State flag to the family of a firefighter, policeman, member of the uniformed services, sworn member of the office of State Fire Marshal, or professional or volunteer emergency medical services provider who is killed in the performance of duty.

(2) (i) Except when the deceased is a member of the uniformed services, the flag shall be presented to the family of the deceased by the State Senator of the legislative district in which the deceased resided or served.

(ii) When the deceased is a member of the uniformed services, the flag shall be presented to the family of the deceased by the Department of Veterans and Military Families.

(f) An individual identified in subsection (b)(1)(i) through (viii) of this section shall be presumed to have died as a direct and proximate result of an injury sustained in the performance of duties if:

(1) (i) the individual was diagnosed by a licensed medical or mental health professional with post–traumatic stress disorder, acute stress disorder, or a trauma– and stress–related disorder; and

(ii) the diagnosis under item (i) of this item resulted due to the nature and performance of the individual’s duties; and

(2) the individual’s death occurs by suicide.

(g) On a case–by–case basis, the Secretary of Public Safety and Correctional Services may award a death benefit under this section if:

(1) the decedent’s death was caused by the decedent’s intentional misconduct;

(2) the decedent intended to bring about the decedent’s death;

(3) the decedent’s voluntary intoxication was the proximate cause of the decedent’s death; or

(4) additional evidence arises that the decedent’s death resulted from an act committed against the decedent by another due to the nature and performance of the decedent’s duties.

(h) If the Secretary of Public Safety and Correctional Services determines that the benefits under this section are to be paid, the benefits shall be paid:

(1) to the decedent’s surviving spouse;

(2) if no individual is eligible under item (1) of this subsection, to each surviving child of the decedent in equal shares;

(3) (i) for a death benefit under subsection (b) of this section, if no individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving parent, if the parent was a dependent as defined in § 152 of the Internal Revenue Code; or

(ii) for any other benefit under this section, if no individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving parent; or

(4) if no individual is eligible under item (1), (2), or (3) of this subsection, to the decedent’s estate.

(i) Payments under this section shall be made out of money that the Governor includes for that purpose in the State budget.

(j) A person aggrieved by a final decision of the Secretary of Public Safety and Correctional Services under this section may seek judicial review as provided for review of final decisions in Title 10, Subtitle 2 of the State Government Article.

(k) (1) This subsection applies only to a death benefit under subsection (b) of this section or a funeral benefit under subsection (d) of this section payable on behalf of a hazardous material response team employee employed by a local government agency.

(2) (i) A death benefit or funeral benefit may only be paid if the local government agency that employs the hazardous material response team employee maintains in reserve the amount needed to pay for one death benefit and one funeral expense for a hazardous material response team employee.

(ii) If the Secretary of Public Safety and Correctional Services determines that a death benefit or funeral benefit is to be paid, the local government agency that employed the hazardous material response team employee shall pay to the Department of Public Safety and Correctional Services the funds required to pay the benefit.

(3) (i) A local government agency is not required to place funds in reserve under paragraph (2)(i) of this subsection.

(ii) If a local government agency does not place funds in reserve under paragraph (2)(i) of this subsection, a death benefit or funeral benefit as provided for under this subsection may not be paid.

Subtitle 3

§ 1-301

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

(b) “Board” means the Maryland 9–1–1 Board.

(1) provided for profit with the intent of receiving compensation or monetary gain;

(2) an interconnected, two–way voice service; and

(3) available to the public.

(d) “Commercial mobile radio service provider” or “CMRS provider” means a person authorized by the Federal Communications Commission to provide CMRS in the State.

(e) “County 9–1–1 fee” means the fee imposed by a county in accordance with § 1–311 of this subtitle.

(f) “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or an amendment to the plan, developed by a county or several counties together under this subtitle.

(g) (1) “Customer” means:

(i) the person that contracts with a home service provider for CMRS; or

(ii) the end user of the CMRS if the end user of the CMRS is not the contracting party.

(2) “Customer” does not include:

(i) a reseller of CMRS; or

(ii) a serving carrier under an arrangement to serve the customer outside the home service provider’s licensed service area.

(h) “Enhanced 9–1–1 system” means a 9–1–1 system that provides:

(1) automatic number identification;

(2) automatic location identification; and

(3) any other technological advancements that the Board requires.

(i) “FCC order” means an order issued by the Federal Communications Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and delivery of wireless enhanced 9–1–1 service.

(j) (1) “First responder” means an employee of a State or local public safety agency that provides emergency response services.

(2) “First responder” includes:

(i) a firefighter;

(ii) a paramedic;

(iii) an emergency medical technician;

(iv) a rescue squad member;

(v) a sworn member of the Office of the State Fire Marshal;

(vi) a member of a volunteer fire or rescue company who is a covered employee under § 9–234 of the Labor and Employment Article;

(vii) an individual who is licensed or certified under § 13–516 of the Education Article; and

(viii) a 9–1–1 specialist.

(k) “Home service provider” means the facilities–based carrier or reseller that contracts with a customer to provide CMRS.

(l) “Next Generation 9–1–1 services” means an Internet Protocol (IP)–based system, comprised of hardware, software, data, and operational policies and procedures, that:

(1) provides standardized interfaces from emergency call and message services to support emergency communications;

(2) processes all types of requests for emergency services, including voice, text, data, and multimedia information;

(3) acquires and integrates additional emergency call data useful to routing and handling of requests for emergency services;

(4) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities;

(5) supports data or video communications needs for coordinated incident response and management; and

(6) provides broadband service to public safety answering points or other first responder entities.

(m) “9–1–1–accessible service” means telephone service or another communications service that connects an individual dialing the digits 9–1–1 to an established public safety answering point.

(n) (1) “9–1–1 service carrier” means a provider of CMRS or other 9–1–1–accessible service.

(2) “9–1–1 service carrier” does not include a telephone company.

(o) “9–1–1 specialist” means an employee of a county public safety answering point, or an employee working in a county public safety answering point, whose duties and responsibilities include:

(1) receiving and processing 9–1–1 requests for emergency services;

(2) other support functions directly related to 9–1–1 requests for emergency services; or

(3) dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency.

(p) (1) “9–1–1 system” means telephone service that:

(i) meets the planning guidelines established under this subtitle; and

(ii) automatically connects an individual dialing the digits 9–1–1 to an established public safety answering point.

(2) “9–1–1 system” includes:

(i) equipment for connecting and outswitching 9–1–1 calls within a telephone central office;

(ii) trunking facilities from a telephone central office to a public safety answering point; and

(iii) equipment to connect 9–1–1 calls to the appropriate public safety agency.

(q) “9–1–1 Trust Fund” means the fund established under § 1–308 of this subtitle.

(r) “Prepaid wireless E 9–1–1 fee” means the fee that is required to be collected by a seller from a consumer in the amount established under § 1–313 of this subtitle.

(s) “Prepaid wireless telecommunications service” means a commercial mobile radio service that:

(1) allows a consumer to dial 9–1–1 to access the 9–1–1 system;

(2) must be paid for in advance; and

(3) is sold in predetermined units that decline with use in a known amount.

(t) “Public safety agency” means:

(1) a functional division of a public agency that provides fire fighting, police, medical, or other emergency services; or

(2) a private entity that provides fire fighting, police, medical, or other emergency services on a voluntary basis.

(u) “Public safety answering point” means a communications facility that:

(1) is operated on a 24–hour basis;

(2) first receives 9–1–1 requests for emergency services in a 9–1–1 service area; and

(3) as appropriate:

(i) dispatches public safety services directly;

(ii) transmits incident data to appropriate public safety agencies within the State for the dispatch of public safety services; or

(iii) transfers 9–1–1 requests for emergency services or transmits incident data to:

1. an appropriate federal emergency communication center responsible for the delivery of public safety services on a federal campus or federal reservation; or

2. an appropriate public safety answering point located within or outside the State.

(v) “Secretary” means the Secretary of Emergency Management.

(w) “Seller” means a person that sells prepaid wireless telecommunications service to another person.

(x) “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of this subtitle.

(y) “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service under an FCC order.

§ 1-302

(a) The General Assembly:

(1) recognizes the paramount importance of the safety and well–being of the public;

(2) recognizes that timely and appropriate assistance must be provided when the lives or property of the public are in imminent danger;

(3) recognizes that emergency assistance usually is summoned by telephone, and that a multiplicity of emergency telephone numbers existed throughout the State and within each county;

(4) was concerned that avoidable delays in reaching appropriate emergency assistance were occurring to the jeopardy of life and property;

(5) acknowledges that the three digit number, 9–1–1, is a nationally recognized and applied telephone number that may be used to summon emergency assistance and to eliminate delays caused by lack of familiarity with emergency numbers and by confusion in circumstances of crisis; and

(6) recognizes that all end user customers of 9–1–1–accessible services, including consumers of prepaid wireless telecommunications service, should contribute in a fair and equitable manner to the 9–1–1 Trust Fund.

(b) The purposes of this subtitle are to:

(1) establish the three digit number, 9–1–1, as the primary emergency telephone number for the State; and

(2) provide for the orderly installation, maintenance, and operation of 9–1–1 systems in the State.

§ 1-302.1

(a) The General Assembly finds that 9–1–1 specialists are key members of the team of public safety personnel responding to requests from the public for emergency assistance.

(b) Each jurisdiction employing 9–1–1 specialists shall:

(1) appropriately classify 9–1–1 specialists as first responders in recognition of the training, knowledge, and skills that 9–1–1 specialists possess and demonstrate in answering and handling requests for emergency assistance; and

(2) compensate 9–1–1 specialists in a manner that:

(i) reflects their membership in the team of public safety personnel answering and responding to requests for emergency assistance; and

(ii) is commensurate with the training, knowledge, and skills they possess.

§ 1-303

(a) (1) This subtitle does not require a public service company to provide any equipment or service other than in accordance with tariffs approved by the Public Service Commission.

(2) The provision of services, the rates, and the extent of liability of a public service company are governed by the tariffs approved by the Public Service Commission.

(b) (1) This subtitle does not require a 9–1–1 service carrier to provide any equipment or service other than the equivalent of the equipment and service required of a telephone company under subsection (a) of this section.

(2) This subtitle does not extend any liability to a 9–1–1 service carrier or seller of prepaid wireless telecommunications service.

§ 1-304

(a) Each county shall have in operation an enhanced 9–1–1 system.

(b) If implementation is preceded by cooperative planning, the enhanced 9–1–1 system required under subsection (a) of this section may operate as part of a multicounty system.

(2) Other emergency and civil defense services may be incorporated into the 9–1–1 system at the discretion of the county or counties served by the 9–1–1 system.

(d) (1) The digits 9–1–1 are the primary emergency telephone number in the 9–1–1 system.

(2) A public safety agency whose services are available through the 9–1–1 system:

(i) may maintain a separate secondary backup telephone number for emergency calls; and

(ii) shall maintain a separate telephone number for nonemergency calls.

(e) Educational information that relates to emergency services made available by the State or a county:

(1) shall designate the number 9–1–1 as the primary emergency telephone number;

(2) may include a separate secondary backup telephone number for emergency calls; and

(3) shall include information on the requirements of § 1–314 of this subtitle.

(f) (1) Each public safety answering point shall notify the public safety agencies in a county 9–1–1 system of requests for emergency services in the county.

(2) Written guidelines shall be developed to govern the referral of requests for emergency services to the appropriate public safety agency.

(3) State, county, and local public safety agencies with concurrent jurisdiction shall have written agreements to ensure a clear understanding of which specific requests for emergency services will be referred to which public safety agency.

(g) Counties, other units of local government, public safety agencies, and public safety answering points may enter into cooperative agreements for the allocation of maintenance, operational, and capital costs attributable to the 9–1–1 system.

(h) (1) Each public safety answering point shall develop a written policy on the procedures to be followed by the public safety answering point when a call is received that involves an individual suffering an active mental health crisis.

(2) The written policy developed under paragraph (1) of this subsection shall include:

(i) the procedures to triage a call involving an individual suffering an active mental health crisis;

(ii) the resources that are available for dispatch;

(iii) the procedures for making a dispatch decision; and

(iv) training for applicable staff on implementing the procedures.

§ 1-304.1

(a) (1) Each public safety answering point shall employ standards–based protocols for the processing of 9–1–1 requests for emergency assistance.

(2) A public safety answering point shall ensure that each 9–1–1 specialist employed by the public safety answering point is certified in each discipline related to 9–1–1 requests for assistance for which the 9–1–1 specialist is responsible for receiving and processing.

(b) A public safety answering point may establish a telecommunicator emergency response team to respond to, relieve, assist, or augment other public safety answering points when those public safety answering points are affected by natural or human–made disasters.

§ 1-304.2

(a) Each public safety answering point shall adopt and implement programs compliant with best practices on 9–1–1 acute/traumatic and chronic stress management.

(b) (1) A 9–1–1 specialist may, as part of occupational well–being standards and practices, seek treatment for job–related audible or visual trauma without informing anyone.

(2) Except as otherwise provided under Title 9, Subtitle 1 of the Courts Article, communications between a 9–1–1 specialist and a treatment provider that occur in connection with the treatment of job–related audible or visual trauma shall be confidential.

§ 1-304.3

(a) Subject to subsections (b) and (c) of this section, in the event of a 9–1–1–accessible service outage lasting more than 30 minutes and affecting more than 600,000 user minutes, a provider of a 9–1–1–accessible service, other than a reseller, shall:

(1) as soon as practicable, notify any affected public safety answering point and the Maryland Joint Operations Center of the 9–1–1–accessible service outage occurring on the provider’s network;

(2) in advance of the next scheduled meeting of the Board, notify the Board of any 9–1–1–accessible service outage occurring on the provider’s network; and

(3) at the next scheduled meeting of the Board, submit to the Board a report detailing the 9–1–1–accessible service outage occurring on the provider’s network.

(b) A provider of a 9–1–1–accessible service shall calculate user minutes under this section in accordance with the applicable regulations of the Federal Communications Commission.

(c) The Board and the Maryland Joint Operations Center shall adopt procedures and implement safeguards to ensure that sensitive information submitted by a provider of a 9–1–1–accessible service under this section is maintained confidentially.

§ 1-305

(a) There is a Maryland 9–1–1 Board in the Maryland Department of Emergency Management.

(b) (1) The Board consists of 24 members.

(2) Of the 24 members:

(i) one nonvoting member shall represent a telephone company operating in the State;

(ii) one nonvoting member shall represent the wireless telephone industry in the State;

(iii) one nonvoting member shall represent the Maryland Department of Emergency Management;

(iv) one member shall represent the Maryland Institute for Emergency Medical Services Systems;

(v) one member shall represent the Department of State Police;

(vi) one member shall represent the Public Service Commission;

(vii) one member shall represent the Association of Public–Safety Communications Officials International, Inc.;

(viii) two members shall represent county fire services in the State, with one member representing career fire services and one member representing volunteer fire services;

(ix) one member shall represent law enforcement in the State;

(x) one member shall represent emergency management services in the State;

(xi) one member shall represent 9–1–1 specialists;

(xii) one member shall be appointed by the Secretary of Disabilities and represent individuals with accessibility needs;

(xiii) one member shall represent the Emergency Communications Committee of the Maryland Association of Counties;

(xiv) one member shall represent directors of public safety answering points for Allegany County, Garrett County, and Washington County;

(xv) one member shall represent directors of public safety answering points for Calvert County, Charles County, Frederick County, Montgomery County, Prince George’s County, and St. Mary’s County;

(xvi) one member shall represent directors of public safety answering points for Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County;

(xvii) one member shall represent directors of public safety answering points for Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County;

(xviii) one member shall represent the cybersecurity systems in the State, particularly in the field of emergency communication networks;

(xix) one member shall represent a county finance office in the State and be recommended by the Maryland Association of Counties;

(xx) one member shall represent the Maryland chapter of the National Emergency Numbers Association;

(xxi) one member shall represent the geographical information systems in the State; and

(xxii) two members shall represent the public.

(3) The Governor shall appoint the members with the advice and consent of the Senate.

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

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

(4) (i) If a vacancy occurs after a term has begun, the Governor shall appoint a successor to represent the organization or group in which the vacancy occurs.

(ii) The Board, in consultation with the Maryland Department of Emergency Management, shall develop and establish procedures for:

1. filling a vacancy as soon as practicable after the vacancy occurs; and

2. ensuring candidates for filling a vacancy have appropriate expertise and a commitment to improving 9–1–1 services in the State.

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

(d) From among its members, the Board shall elect a chair and vice chair.

(e) (1) The Board shall meet as necessary, but at least once each quarter.

(2) For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the Board if no organizational business is conducted.

(f) A member of the Board:

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

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

(g) The Secretary shall provide staff to the Board, including:

(1) a coordinator who is responsible for the daily operation of the office of the Board; and

(2) staff to handle the increased duties related to enhanced 9–1–1 service.

§ 1-306

(a) The Board shall coordinate the enhancement of county 9–1–1 systems.

(b) The Board’s responsibilities include:

(1) establishing planning guidelines for enhanced 9–1–1 system plans and deployment of wireless enhanced 9–1–1 service in accordance with this subtitle;

(2) establishing procedures to review and approve or disapprove county plans and to evaluate requests for variations from the planning guidelines established by the Board;

(3) establishing procedures for the request for reimbursement of the costs of enhancing a 9–1–1 system by a county or counties in which a 9–1–1 system is in operation, and procedures to review and approve or disapprove the request;

(4) transmitting the planning guidelines and procedures established under this section, and any amendments to them, to the governing body of each county;

(5) submitting to the Secretary each year a schedule for implementing the enhancement of county or multicounty 9–1–1 systems, and an estimate of funding requirements based on the approved county plans;

(6) developing, with input from counties, and publishing on or before July 1, 2004, an implementation schedule for deployment of wireless enhanced 9–1–1 service;

(7) reviewing and approving or disapproving requests for reimbursement of the costs of enhancing 9–1–1 systems, and submitting to the Secretary each year a schedule for reimbursement and an estimate of funding requirements;

(8) reviewing the enhancement of 9–1–1 systems;

(9) providing for an audit of county expenditures for the operation and maintenance of 9–1–1 systems;

(10) ensuring inspections of public safety answering points;

(11) reviewing and approving or disapproving requests from counties with operational enhanced 9–1–1 systems to be exempted from the expenditure limitations under § 1–312 of this subtitle;

(12) authorizing expenditures from the 9–1–1 Trust Fund that:

(i) are for enhancements of 9–1–1 systems that:

1. are required by the Board;

2. will be provided to a county by a third party contractor; and

3. will incur costs that the Board has approved before the formation of a contract between the county and the contractor; and

(ii) are approved by the Board for payment:

1. from money collected under § 1–310 of this subtitle; and

2. directly to a third party contractor on behalf of a county;

(13) establishing planning guidelines for Next Generation 9–1–1 services system plans and deployment of Next Generation 9–1–1 services in accordance with this subtitle;

(14) establishing minimum standards for records retention guidelines for 9–1–1 audio, pictures, video, text messages, and data;

(15) establishing training standards for public safety answering point personnel based on national best practices, including training concerning:

(i) Next Generation 9–1–1 topics;

(ii) individual psychological well–being and resilience; and

(iii) subject to subsection (e)(2) of this section, implicit bias training;

(16) establishing minimum standards for cybersecurity, oversight, and accountability of service level agreements between counties and core service providers of Next Generation 9–1–1 services; and

(17) supporting 9–1–1 specialist recruitment activities consisting of:

(i) a database that offers information on recruitment guidance, best practices, and strategies;

(ii) recruitment projects, including recruitment projects designed to reach minorities; and

(iii) a website that contains links to job opportunities throughout the State for 9–1–1 specialists.

(1) shall be based on available technology and equipment;

(2) shall require Next Generation 9–1–1 services systems to be interconnected and interoperable, as determined by the Board; and

(3) may be based on any other factor that the Board determines is appropriate, including population and area served by 9–1–1 systems.

(d) The standards established by the Board under subsection (b)(14) of this section shall include procedures for:

(1) the security of the records;

(2) the establishment and revision, in accordance with the regulations, of record retention and disposal schedules to ensure the prompt and orderly disposition of records, including electronic records, that are no longer needed for operation; and

(3) the maintenance of inventories of records series that are accurate and complete.

(e) (1) (i) The standards established by the Board under subsection (b)(15) of this section shall include onboarding standards for newly hired 9–1–1 specialists and minimum continuing education standards for 9–1–1 specialists.

(ii) The Board shall develop criteria and approve the initial and ongoing training curriculum for the training required under subsection (b)(15) of this section.

(2) Public safety answering point personnel shall be provided the implicit bias training required under subsection (b)(15)(iii) of this section:

(i) on or before October 1, 2024, for personnel hired by the public safety answering point on or before October 1, 2022;

(ii) at the time of hire for personnel hired by the public safety answering point after October 1, 2022; and

(iii) on a recurring basis with updates as determined by the Board, but at least once every 4 years.

(3) (i) At least once each year, the Board shall provide for an audit of each public safety answering point in order to ensure that 9–1–1 specialists and other personnel employed by the public safety answering point have satisfied the training requirements established in accordance with subsection (b)(15) of this section.

(ii) The audit described under subparagraph (i) of this paragraph may be conducted concurrently with an inspection of the public safety answering point in accordance with subsection (b)(10) of this section.

(iii) 1. If the Board determines that the personnel employed by a public safety answering point have not satisfied the training requirements established in accordance with subsection (b)(15) of this section, the Board and public safety answering point shall jointly develop a remediation plan and implementation timeline.

2. The Board may impose sanctions on a public safety answering point if the public safety answering point fails to comply with a remediation plan or implementation timeline developed under this subparagraph.

(f) The Board shall establish standards governing the processing of 9–1–1 requests for assistance that:

(1) minimize the transfer of those requests from the public safety answering point that received the request to other public safety answering points within or outside the State or federal emergency communication centers; and

(2) follow best practices for transferring requests to public safety agencies to ensure the optimal public safety response.

(g) The Board shall:

(1) establish minimum standards for 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services that ensure improved access for individuals with disabilities and individuals who use assistive technologies, including mandatory connectivity requirements for core service providers for Next Generation 9–1–1 services to device–based and cloud–based data repositories; and

(2) update the standards adopted in accordance with item (1) of this subsection based on available technology and equipment.

(h) The Board may adopt regulations to implement and enforce this subtitle.

§ 1-307

(a) The Board shall submit an annual report to the Governor, the Secretary, and, subject to § 2–1257 of the State Government Article, the Legislative Policy Committee, the Senate Education, Health, and Environmental Affairs Committee, and the House Health and Government Operations Committee.

(b) The report submitted under subsection (a) of this section shall provide the following information:

(1) for each county:

(i) the type of 9–1–1 system currently operating in the county;

(ii) the total State 9–1–1 fee and county 9–1–1 fee charged;

(iii) the funding formula in effect;

(iv) any statutory or regulatory violation by the county and the response of the Board; and

(v) any efforts to establish an enhanced 9–1–1 system in the county;

(2) any suggested changes to this subtitle; and

(3) for the annual reports submitted in 2023 through 2028:

(i) an update on the progress of each county in transitioning to next generation 9–1–1 technology, including compliance with cybersecurity standards and meeting goals of interoperability and geographic information system mapping integration;

(ii) the following personnel information for each county public safety answering point:

1. staffing and vacancy levels;

2. a summary of the county’s efforts to find, hire, and retain qualified personnel;

3. an update on training of public safety answering point personnel under § 1–306 of this subtitle; and

4. incidence of workers’ compensation claims by public safety answering point personnel;

(iii) an update on audits conducted by the Comptroller of fee collection and remittances, including whether fees collected are sufficient to cover each county’s operational costs for the 9–1–1 system and any measures recommended or implemented to address cost shortages;

(iv) annual incidents of unnecessary requests for emergency services made to 9–1–1 for the purpose of dispatching an unneeded emergency response and any resulting bodily harm or death;

(v) incidence and interval data relating to 9–1–1 outages or the absence of 9–1–1 specialists to receive requests for emergency services; and

(vi) an update on integration of the 9–1–1 system with 9–8–8 and 2–1–1 and the impact on 9–1–1 operations and capacity.

(c) The Maryland Department of Emergency Management shall summarize and analyze the information provided under subsection (b)(3) of this section and, subject to § 2–1257 of the State Government Article, submit to the Senate Finance Committee and the House Health and Government Operations Committee:

(1) the summary and analysis;

(2) any associated recommendations to address issues raised by the analysis; and

(3) a description of any measures implemented by the Department to address issues raised by the analysis.

§ 1-308

(a) There is a 9–1–1 Trust Fund.

(b) (1) Except as provided in paragraph (2) of this subsection and subject to § 1–309.1 of this subtitle, the purposes of the 9–1–1 Trust Fund are to:

(i) reimburse counties for the cost of enhancing a 9–1–1 system;

(ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; and

(iii) fund the coordinator position and staff to handle the increased duties related to wireless enhanced 9–1–1 service under § 1–305 of this subtitle, as an administrative cost.

(2) Subject to paragraph (3) of this subsection, in addition to the purposes described under paragraph (1) of this subsection, the purposes of the 9–1–1 Trust Fund include funding:

(i) the operation and maintenance of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including:

1. equipment and software utilized directly for providing 9–1–1 services by a public safety answering point;

2. protocol systems and software utilized directly for providing 9–1–1 services by a public safety answering point;

3. interpretation services provided for a public safety answering point;

4. services provided for a public safety answering point to ensure improved access to individuals with disabilities and other individuals who use assistive technology; and

5. voice, data, and call log recorders utilized to capture information from 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services;

(ii) the operation and maintenance of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services connectivity and infrastructure equipment, including:

1. automatic number and location identification; and

2. Primary Rate Interface and Session Initiation Protocol trucking for 10–digit emergency and nonemergency lines;

(iii) geographical information systems hardware, software, data development, and data management costs incurred for the effective operation of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including:

1. mapping equipment;

2. interfaces to computer–aided dispatch; and

3. geographical information systems base layer development and management;

(iv) public safety answering point facilities costs, including access control, security systems, and standby power;

(v) costs for public education materials;

(vi) the training of county personnel working in or directly supporting a public safety answering point;

(vii) the provision of tuition reimbursement for 9–1–1 specialists for educational programs related to the 9–1–1 specialist career field;

(viii) costs to maintain the cybersecurity of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services;

(ix) costs of 9–1–1 specialist recruitment activities as described in § 1–306(b)(17) of this subtitle;

(x) costs of telecommunications cardiopulmonary resuscitation training; and

(xi) costs related to the operation of the 9–8–8 suicide prevention hotline that may be shared with 9–1–1 activities, including software interfaces and joint training.

(3) Funding allocated in accordance with paragraph (2) of this subsection may not be utilized for any costs that solely support the 9–8–8 suicide prevention hotline.

(1) money from the 9–1–1 fee collected and remitted to the Comptroller under § 1–310 of this subtitle;

(2) money from the additional charge collected and remitted to the Comptroller under § 1–311 of this subtitle;

(3) money from the prepaid wireless E 9–1–1 fee collected and remitted to the Comptroller under § 1–313 of this subtitle; and

(4) investment earnings of the 9–1–1 Trust Fund.

(d) Money in the 9–1–1 Trust Fund shall be held in the State Treasury.

(e) The Secretary shall administer the 9–1–1 Trust Fund, subject to the guidelines for financial management and budgeting established by the Department of Budget and Management.

(f) The Secretary shall direct the Comptroller to establish separate accounts in the 9–1–1 Trust Fund for the payment of administrative expenses and for each county.

(g) (1) Any investment earnings shall be credited to the 9–1–1 Trust Fund.

(2) The Comptroller shall allocate the investment income among the accounts in the 9–1–1 Trust Fund, prorated on the basis of the total fees collected in each county.

§ 1-309

(a) On recommendation of the Board, each year the Secretary shall request an appropriation from the 9–1–1 Trust Fund in an amount sufficient to:

(1) carry out the purposes of this subtitle;

(2) pay the administrative costs chargeable to the 9–1–1 Trust Fund; and

(3) reimburse counties for the cost of enhancing a 9–1–1 system.

(b) (1) Subject to the limitations under subsection (e) of this section, the Comptroller shall disburse the money in the 9–1–1 Trust Fund as provided in this subsection.

(2) Each July 1, the Comptroller shall allocate sufficient money from the State 9–1–1 fee to pay the costs of administering the 9–1–1 Trust Fund.

(3) As directed by the Secretary and in accordance with the State budget, the Comptroller, from the appropriate account, shall:

(i) reimburse counties for the cost of enhancing a 9–1–1 system;

(ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; and

(iii) pay the costs associated with maintenance, operations, and programs approved by the Board in accordance with § 1–308(b) of this subtitle.

(4) (i) The Comptroller shall pay to each county from its account the money requested by the county to pay the maintenance and operation costs of the county’s 9–1–1 system in accordance with the State budget.

(ii) The Comptroller shall pay the money for maintenance and operation costs on September 30, December 31, March 31, and June 30 of each year.

(2) Money collected from the State 9–1–1 fee may be used only to:

(i) pay the administrative costs chargeable to the 9–1–1 Trust Fund;

(ii) reimburse counties for the cost of enhancing a 9–1–1 system;

(iii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; and

(iv) pay the costs associated with maintenance, operations, and programs approved by the Board in accordance with § 1–308(b) of this subtitle.

(3) Money collected from the State 9–1–1 fee may not be utilized for the payment of the salary of public safety answering point personnel or county personnel.

(4) Money collected from the county 9–1–1 fee may be used by the counties only for the maintenance and operation costs of the 9–1–1 system.

(5) Money collected from the prepaid wireless E 9–1–1 fee shall be used as follows:

(i) 25% for the same purpose as the 9–1–1 fee under paragraph (2) of this subsection; and

(ii) 75% for the same purpose as the county 9–1–1 fee under paragraph (4) of this subsection, prorated on the basis of the total fees collected in each county.

(6) Money accruing to the 9–1–1 Trust Fund may not be used for:

(i) the maintenance or operation of communications centers other than public safety answering points; or

(ii) any costs that solely support the 9–8–8 suicide prevention hotline.

(d) (1) Reimbursement may be made only to the extent that county money was used to enhance the 9–1–1 system.

(2) Reimbursement for the enhancement of 9–1–1 systems shall include the installation of equipment for automatic number identification, automatic location identification, and other technological advancements that the Board requires.

(3) Reimbursement from money collected from the State 9–1–1 fee may be used only for 9–1–1 system enhancements approved by the Board.

(e) (1) The Board may direct the Comptroller to withhold from a county money for 9–1–1 system expenditures if the county violates this subtitle or a regulation of the Board.

(2) (i) The Board shall state publicly in writing its reason for withholding money from a county and shall record its reason in the minutes of the Board.

(ii) On reaching its decision to withhold money, the Board shall notify the county.

(iii) The county has 30 days after the date of notification to respond in writing to the Board.

(3) (i) On notification by the Board, the Comptroller shall hold money for the county in the county’s account in the 9–1–1 Trust Fund.

(ii) Money held by the Comptroller under subparagraph (i) of this paragraph does not accrue interest for the county.

(iii) Interest income earned on money held by the Comptroller under subparagraph (i) of this paragraph accrues to the 9–1–1 Trust Fund.

(4) County money withheld by the Comptroller shall be withheld until the Board directs the Comptroller to release the money.

(f) (1) The Legislative Auditor may conduct fiscal/compliance audits of the 9–1–1 Trust Fund and of the appropriations and disbursements made for purposes of this subtitle.

(2) The cost of the fiscal portion of the audits shall be paid from the 9–1–1 Trust Fund as an administrative cost.

§ 1-309.1

(a) In consultation with the Maryland Cybersecurity Council established under § 9–2901 of the State Government Article, the Board shall establish cybersecurity standards for public safety answering points based on national industry and 9–1–1 system trade association best practices, including standards concerning response protocols in the event of a cybersecurity attack on a public safety answering point.

(b) At least once each year on a date determined by the Board and in advance of submitting a request for or receiving any money from the 9–1–1 Trust Fund, the director of each public safety answering point shall examine the cybersecurity of the public safety answering point to determine whether the cybersecurity defenses employed by the public safety answering point satisfy the standards established by the Board under subsection (a) of this section and submit to the Board a report detailing the results of that exercise.

(c) (1) If a director of a public safety answering point fails to submit a report required under subsection (b) of this section, the Board may not authorize any money from the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point until that report has been submitted.

(2) (i) If a public safety answering point fails to meet the cybersecurity standards established by this section during the annual examination required under subsection (b) of this section, the Board shall work with the public safety answering point to develop an aggressive, consensus remediation plan and implementation timeline.

(ii) If a public safety answering point fails to comply with a remediation plan developed under this paragraph, the Board may refuse to authorize money from the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point for any new, noncybersecurity purpose.

§ 1-310

(a) This section does not apply to prepaid wireless telecommunications service.

(b) Each subscriber to switched local exchange access service or CMRS or other 9–1–1–accessible service shall pay a State 9–1–1 fee.

(c) (1) Subject to paragraphs (2) through (5) of this subsection, the State 9–1–1 fee is 50 cents per month for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided, payable when the bill for the service is due.

(2) Except as provided in paragraphs (3) through (5) of this subsection, if a service provider provisions to the same individual or person the voice channel capacity to make more than one simultaneous outbound call from a 9–1–1–accessible service, each separate outbound call voice channel capacity, regardless of the technology, shall constitute a separate 9–1–1–accessible service for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection.

(3) CMRS provided to multiple devices that share a mobile telephone number shall be treated as a single 9–1–1–accessible service for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection.

(4) A broadband connection not used for telephone service may not constitute a separate voice channel capacity for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection.

(5) (i) For a telephone service that provides, to multiple locations, shared simultaneous outbound voice channel capacity configured to provide local dial in different states, the voice channel capacity to which the State 9–1–1 fee due under paragraph (1) of this subsection applies is only the portion of the shared voice channel capacity in the State identified by the service supplier’s books and records.

(ii) In determining the portion of shared capacity in the State, a service supplier may rely on, among other factors, a customer’s certification of the customer’s allocation of capacity in the State, which may be based on:

1. each end user location;

2. the total number of end users; and

3. the number of end users at each end user location.

(d) (1) The Public Service Commission shall direct each telephone company to add the State 9–1–1 fee to all current bills rendered for switched local exchange access service in the State.

(2) Each telephone company:

(i) shall act as a collection agent for the 9–1–1 Trust Fund with respect to the 9–1–1 fees;

(ii) shall remit all money collected to the Comptroller on a monthly basis;

(iii) shall keep records of 9–1–1 fees collected and remitted under this paragraph for at least 4 years after the fee is remitted; and

(iv) is entitled to credit, against the money from the State 9–1–1 fees to be remitted to the Comptroller, an amount equal to 0.50% of the State 9–1–1 fees to cover the expenses of billing, collecting, remitting, and keeping records of the State 9–1–1 fees and county 9–1–1 fees.

(3) The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund.

(e) (1) Each 9–1–1 service carrier shall add the State 9–1–1 fee to all current bills rendered for CMRS or other 9–1–1–accessible service in the State.

(2) Each 9–1–1 service carrier:

(i) shall act as a collection agent for the 9–1–1 Trust Fund with respect to the 9–1–1 fees;

(ii) shall remit all money collected to the Comptroller on a monthly basis;

(iii) shall keep records of 9–1–1 fees collected and remitted under this paragraph for at least 4 years after the fee is remitted; and

(3) The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund.

(f) (1) The Comptroller, in consultation with the Board, shall adopt procedures for auditing surcharge collection and remittance by telephone companies and CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this subtitle.

(2) The procedures adopted under paragraph (1) of this subsection shall be consistent with the audit and appeal procedures established for the sales and use tax under Titles 11 and 13 of the Tax – General Article.

(3) The Comptroller may issue an administrative subpoena to compel compliance with an audit conducted under this subsection.

(4) The Comptroller shall develop and distribute informational materials to telephone companies and CMRS providers regarding:

(i) proper collection and remittance of 9–1–1 fees; and

(ii) the audit procedures adopted under paragraph (1) of this subsection.

(5) On request of a telephone company or CMRS provider, and except as otherwise required by law, the information that the telephone company or CMRS provider reports to the Comptroller shall be confidential, privileged, and proprietary and may not be disclosed to any person other than the telephone company or CMRS provider.

(6) The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 fees collected under this section to cover the expenses of conducting audits under this subsection.

(7) On or before December 1 each year, the Comptroller shall submit an annual report to the Board detailing the audits conducted during the immediately preceding year and the outcome of each audit.

(8) (i) Between December 31, 2022, and January 1, 2025, in addition to the annual report required by paragraph (7) of this subsection, the Comptroller shall:

1. submit to the Board quarterly updates detailing the audits conducted in the immediately preceding quarter; and

2. immediately notify the Board of any deficiencies detected by an audit.

(ii) Beginning January 1, 2025, on request of the Board, the Comptroller shall provide quarterly updates detailing the audits conducted since the last update was provided.

(9) The Comptroller may adopt regulations necessary to carry out the requirements of this subsection.

(g) Notwithstanding any other provision of this subtitle, the State 9–1–1 fee does not apply to an intermediate service line used exclusively to connect a CMRS or other 9–1–1–accessible service, other than a switched local access service, to another telephone system or switching device.

(h) A CMRS provider that pays or collects State 9–1–1 fees under this section has the same immunity from liability for transmission failures as that approved by the Public Service Commission for local exchange telephone companies that are subject to regulation by the Commission under the Public Utilities Article.

§ 1-311

(a) This section does not apply to prepaid wireless telecommunications service.

(b) In addition to the State 9–1–1 fee, the governing body of each county, by ordinance or resolution enacted or adopted after a public hearing, may impose a county 9–1–1 fee to be added to all current bills rendered for switched local exchange access service or CMRS or other 9–1–1–accessible service in the county.

(c) (1) Except as provided in paragraph (2) of this subsection and subject to paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county may not exceed 75 cents per month for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided.

(2) If revenues attributable to the county 9–1–1 fee for a fiscal year do not provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee sufficient to cover the county’s projected operational costs for the 9–1–1 system for the fiscal year for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided.

(3) Except as provided in paragraphs (4) through (6) of this subsection, if a service provider provisions to the same individual or person the voice channel capacity to make more than one simultaneous outbound call from a 9–1–1–accessible service, each separate outbound call voice channel capacity, regardless of the technology, shall constitute a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection.

(4) CMRS provided to multiple devices that share a mobile telephone number shall be treated as a single 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection.

(5) A broadband connection not used for telephone service may not constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection.

(6) (i) For a telephone service that provides, to multiple locations, shared simultaneous outbound voice channel capacity configured to provide local dial in different states or counties, the voice channel capacity to which the 9–1–1 fee due under paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice channel capacity in the county identified by the service supplier’s books and records.

(ii) In determining the portion of shared capacity in the county, a service supplier may rely on, among other factors, a customer’s certification of the customer’s allocation of capacity in the county, which may be based on:

1. each end user location;

2. the total number of end users; and

3. the number of end users at each end user location.

(7) The amount of the county 9–1–1 fees may not exceed a level necessary to cover the total eligible maintenance and operation costs of the county.

(d) The county 9–1–1 fee continues in effect until repealed or modified by a subsequent county ordinance or resolution.

(e) After imposing, repealing, or modifying a county 9–1–1 fee, the county shall certify the amount of the county 9–1–1 fee to:

(1) the Public Service Commission;

(2) the Board; and

(3) no later than 60 days before the implementation of the change, the Comptroller.

(f) The Public Service Commission shall direct each telephone company that provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange access service in the county.

(g) Within 60 days after a county enacts or adopts an ordinance or resolution that imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides service in the county shall add the full amount of the county 9–1–1 fee to all current bills rendered for CMRS or other 9–1–1–accessible service in the county.

(h) (1) Each telephone company and each 9–1–1 service carrier shall:

(i) act as a collection agent for the 9–1–1 Trust Fund with respect to the county 9–1–1 fee imposed by each county;

(ii) collect the money from the county 9–1–1 fee on a county basis; and

(iii) remit all money collected to the Comptroller on a monthly basis.

(2) The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund account maintained for the county that imposed the county 9–1–1 fee.

§ 1-312

(a) (1) During each county’s fiscal year, the county may spend the amounts distributed to it from State 9–1–1 fee collections for the installation, enhancement, maintenance, and operation of a county or multicounty 9–1–1 system.

(2) A county may not spend the amounts distributed to it from State 9–1–1 fee collections for any purpose associated with the 9–8–8 suicide prevention hotline.

(b) Subject to the provisions of subsection (c) of this section, maintenance and operation costs may include telephone company charges, equipment costs, equipment lease charges, repairs, utilities, personnel costs, and appropriate carryover costs from previous years.

(1) may use 9–1–1 trust funds only to supplement levels of spending by the county for 9–1–1 maintenance or operations; and

(2) may not use 9–1–1 trust funds to supplant spending by the county for 9–1–1 maintenance or operations.

(d) (1) The Board shall provide for an audit of each county’s expenditures for the maintenance and operation of the county’s 9–1–1 system.

(2) If an audit performed in accordance with paragraph (1) of this subsection determines that a county has utilized 9–1–1 trust funds for purposes other than those authorized under this subtitle, the governing body of the county shall:

(i) submit to the Board a report that includes an explanation for the diversion of 9–1–1 trust funds for unauthorized purposes and details the steps taken by the county to ensure that the diversion of 9–1–1 trust funds does not occur in the future; and

(ii) restore the diverted funds to the county’s 9–1–1 budget within that fiscal year.

(e) (1) For a county without an operational Phase II wireless enhanced 9–1–1 system within the time frames established by the Board under § 1–306(b)(6) of this subtitle, the Board shall adopt procedures, to take effect on or after January 1, 2006, to assure that:

(i) the money collected from the county 9–1–1 fee and distributed to the county is expended during the county’s fiscal year as follows:

1. for a 9–1–1 system in a county or a multicounty area with a population of 100,000 individuals or fewer, a maximum of 85% may be spent for personnel costs; and

2. for a 9–1–1 system in a county or multicounty area with a population of over 100,000 individuals, a maximum of 70% may be spent for personnel costs; and

(ii) the total amount collected from the State 9–1–1 fee and the county 9–1–1 fee shall be expended only for the installation, enhancement, maintenance, and operation of a county or multicounty system.

(2) The Board may grant an exception to the provisions of paragraph (1) of this subsection in extenuating circumstances.

(3) A county with an operational Phase II wireless enhanced 9–1–1 system is exempt from the provisions of paragraph (1) of this subsection.

§ 1-313

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

(2) “Consumer” means a person that purchases prepaid wireless telecommunications service in a retail transaction.

(3) “Provider” means a person that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission.

(4) “Retail transaction” means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.

(b) There is a prepaid wireless E 9–1–1 fee of 60 cents per retail transaction.

(c) (1) (i) The prepaid wireless E 9–1–1 fee shall be collected by the seller from the consumer for each retail transaction in the State.

(ii) The prepaid wireless E 9–1–1 fee collected by the seller under this section is not subject to the sales and use tax under the Tax – General Article.

(2) A retail transaction occurs in the State if:

(i) the sale or recharge takes place at the seller’s place of business located in the State;

(ii) the consumer’s shipping address is in the State; or

(iii) no item is shipped, but the consumer’s billing address or the location associated with the consumer’s mobile telephone number is in the State.

(d) The amount of the prepaid wireless E 9–1–1 fee shall be disclosed to the consumer at the time of the retail transaction.

(e) (1) Except as provided in paragraph (2) of this subsection, the prepaid wireless E 9–1–1 fee is the liability of the consumer and not of the seller or of any provider.

(2) The seller is liable for remitting all prepaid wireless E 9–1–1 fees that the seller collects from consumers as provided in this section.

(f) (1) Before December 28, 2013, a seller may deduct and retain 50% of prepaid wireless E 9–1–1 fees collected from consumers for direct start–up costs.

(2) On or after December 28, 2013, a seller may deduct and retain 3% of prepaid wireless E 9–1–1 fees collected from consumers.

(g) A seller shall report and remit to the Comptroller all prepaid wireless E 9–1–1 fees collected by the seller in the manner provided for the remitting of the sales and use tax under Titles 11 and 13 of the Tax – General Article.

(h) The Comptroller shall deposit all reported and remitted prepaid wireless E 9–1–1 fees into the 9–1–1 Trust Fund within 30 days of receipt.

(i) A seller may demonstrate that a sale is not a retail transaction in a manner established by the Comptroller that is substantially similar to the procedures for demonstrating a resale for exemption from the sales and use tax under Titles 11 and 13 of the Tax – General Article.

(j) For the purpose of this section, the audit and appeal procedures established for the sales and use tax under Titles 11 and 13 of the Tax – General Article apply.

(k) A seller that is not a provider of prepaid wireless telecommunications service is not liable for damages in connection with:

(1) the provision of, or failure of, 9–1–1 or E 9–1–1 service;

(2) identifying, or failing to identify, the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 9–1–1 or E 9–1–1 service; or

(3) the provision of any lawful assistance to any investigative or law enforcement officer.

(l) Providers and sellers of prepaid wireless telecommunications service have the same immunity from liability for transmission failures as that approved by the Public Service Commission for local exchange telephone companies that are subject to regulation by the Commission under the Public Utilities Article.

(m) A tax, a fee, a surcharge, or any other charge may not be imposed by the State, any political subdivision of the State, or any intergovernmental agency, for E 9–1–1 funding purposes, on any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.

(n) The Comptroller shall adopt regulations to carry out the provisions of this section.

§ 1-314

(a) In this section, “multiple–line telephone system” means a system that:

(1) consists of common control units, telephone sets, control hardware and software, and adjunct systems, including network and premises–based systems; and

(2) is designed to aggregate more than one incoming voice communication channel for use by more than one telephone.

(b) (1) Except as provided in paragraph (2) of this subsection, a person that installs or operates a multiple–line telephone system shall ensure that the system is connected to the public switched telephone network in such a way that when an individual using the system dials 9–1–1, the call connects to the public safety answering point without requiring the user to dial any other number or set of numbers.

(2) A unit of the Executive Branch of State government shall comply with paragraph (1) of this subsection on the date that the multiple–line telephone system of the unit is next upgraded.

(c) (1) Notwithstanding any other provision of this subtitle and except as provided in paragraph (2) of this subsection, a county’s or municipality’s designee shall be responsible for enforcing subsection (b) of this section.

(2) In the absence of a county– or municipality–designated enforcement unit, the Office of the State Fire Marshal, including the State Fire Marshal, an assistant State fire marshal, or a special assistant State fire marshal, shall be responsible for enforcing subsection (b) of this section.

(d) (1) Each county or municipality may set a fine or series of fines to be issued to a person that violates subsection (b) of this section.

(2) Revenue collected under paragraph (1) of this subsection shall be returned to the county or municipality taking the enforcement action.

(e) When a county submits a request for disbursements from the 9–1–1 Trust Fund in accordance with § 1–309 of this subtitle, the county shall submit to the Board a certification of the enforcement actions taken by the county under this section.

§ 1-315

An emergency services Internet Protocol network provider and a core service provider of Next Generation 9–1–1 services have the same immunity from liability for transmission failures as that approved by the Public Service Commission for local exchange telephone companies, or for a provider of telecommunications services through evolving technology, that are subject to regulation by the Commission under the Public Utilities Article.

Subtitle 4

§ 1-401

(a) There is a Sexual Offender Advisory Board.

(b) The Board consists of the following members:

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

(2) the Secretary of Health, or the Secretary’s designee;

(3) the Secretary of Juvenile Services, or the Secretary’s designee;

(4) a representative of the Department of Public Safety and Correctional Services, designated by the Secretary of Public Safety and Correctional Services;

(5) the Chairman of the Maryland Parole Commission, or the Chairman’s designee;

(6) the Director of the Maryland Criminal Justice Information System Central Repository, or the Director’s designee;

(7) the Director of the Behavioral Health Administration of the Maryland Department of Health, or the Director’s designee;

(8) the Secretary of State Police, or the Secretary’s designee;

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

(10) the following members, appointed by the Governor:

(i) a representative from a victims’ advocacy organization or victim service provider with recognized expertise in sexual abuse and victimization;

(ii) a licensed mental health professional with recognized expertise in the treatment of sexual offenders;

(iii) a State’s Attorney with expertise in the prosecution of sexual and child abuse crimes;

(iv) an assistant public defender with expertise in the defense of sexual and child abuse crimes;

(v) a representative of a local law enforcement unit with expertise in the investigation of sexual and child abuse crimes;

(vi) a representative from a child advocacy center with recognized expertise in sexual abuse and victimization; and

(vii) two citizen members.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 2010.

(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 rest of the term and until a successor is appointed and qualifies.

(5) A member whose term has expired may be reappointed to the Board.

(d) A Board member:

(1) may not receive compensation for serving on the Board; but

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

(e) The Governor shall select a chairman from among the Board’s members.

(f) (1) A majority of the Board’s members constitutes a quorum.

(2) The Board may adopt rules for conducting business.

(3) The Board shall meet at least twice annually at the times and places determined by the Board.

(g) The Board shall:

(1) in collaboration with the Division of Parole and Probation, develop criteria for measuring a person’s risk of reoffending to assist the court in determining whether a person may be appropriately released from supervision under §§ 11–723 and 11–724 of the Criminal Procedure Article;

(2) review the effectiveness of the State’s laws and practices concerning sexual offenders, including:

(i) sexual offender registration and monitoring requirements; and

(ii) community notification requirements;

(3) review the laws and practices of other states and jurisdictions concerning sexual offenders;

(4) review practices and procedures of the Maryland Parole Commission and the Division of Parole and Probation concerning supervision and monitoring of sexual offenders;

(5) review developments and make recommendations for the treatment, management, and assessment of sexual offenders, including:

(i) existing and emerging technology for the tracking of sexual offenders;

(ii) civil commitment of sexual offenders;

(iii) existing and emerging technology for the treatment of sexual offenders; and

(iv) best practices for lowering recidivism rates and protecting the public;

(6) develop standards for the certification of sexual offender treatment providers based on current and evolving evidence–based practices and make recommendations for a statewide certification process;

(7) make recommendations to the Division of Parole and Probation for training sexual offender management teams; and

(8) consider ways to increase cooperation among states with regard to sexual offender registration and monitoring.

(h) On or before December 31, 2010, and every year thereafter, the Board shall report the findings and recommendations of the Board to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(i) Each unit of State and local government shall cooperate with the Board.

(j) The Department of Public Safety and Correctional Services shall provide staff to the Board.

Subtitle 5

§ 1-501

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

(b) “Board” means the Statewide Interoperability Radio Control Board.

(c) “System” means the Statewide Public Safety Interoperability Radio System, also known as Maryland First (first responder interoperable radio system team), that provides interoperable radio communications to first responders in the State.

(d) “User” means a State, federal, county, or municipal agency that has established interoperability with the System and operates on the System as its primary means of daily radio communication.

§ 1-502

(a) There is a Statewide Interoperability Radio Control Board in the Department of Information Technology.

(b) The Board consists of the following members:

(1) the Secretary of Information Technology, or the Secretary’s designee;

(2) the Secretary of State Police, or the Secretary’s designee;

(3) the Secretary of Transportation, or the Secretary’s designee;

(4) the Director of the Maryland Institute for Emergency Medical Services Systems, or the Director’s designee;

(5) the State Interoperability Director;

(6) the Director of the Governor’s Office of Homeland Security, or the Director’s designee; and

(7) five members appointed by the Governor who represent local governmental entities that are either users of or contributors to the System.

(c) In selecting representatives of local governmental entities under subsection (b)(7) of this section, the Governor shall:

(1) appoint members who represent the interoperability regions of the State with expertise in public safety and communications issues relevant to varied locations;

(2) consult with the Maryland Association of Counties, the Maryland Municipal League, and appropriate local public safety organizations and professionals; and

(3) give primary consideration to State agencies and local governments that have adopted the System as a primary platform for their public safety communications needs.

(d) (1) The term of a member appointed by the Governor is 4 years and shall begin on June 1.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on June 1, 2014.

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

(4) If a vacancy occurs after a term has begun, the Governor shall appoint a successor to represent the organization or group in which the vacancy occurs.

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

(6) A member may be reappointed for a second 4–year term at the request of the Governor.

(e) The Secretary of Information Technology or the Secretary’s designee shall serve as the chair of the Board.

(f) The Board shall meet as necessary, but at least once each quarter.

(g) A member of the Board:

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

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

(h) The Department of Information Technology shall provide staff to the Board, including:

(1) a director of the Board who is responsible for the daily operation of the Board; and

(2) staff to handle the increased duties related to completion and maintenance of the System.

§ 1-503

(a) The Board shall coordinate the operation and maintenance of a Statewide Public Safety Interoperability Radio System.

(b) The Board’s responsibilities include:

(1) establishing standard operating procedures, quality of service standards, and maintenance guidelines for the System;

(2) establishing working groups of the System’s users, including:

(i) a System Managers Committee to advise on technical system issues, such as upgrades, security, and enhancements; and

(ii) a System Users Committee to advise on operational issues, such as standard operating procedures, performance, and usage of resources;

(3) approving the addition of new System users and the removal of existing users;

(4) coordinating participatory, collaborative, or reciprocal relationships with local governments, including establishing procedures for:

(i) requests to become part of the System by local governmental entities;

(ii) collaboration or sharing in the purchase, operation, or use of equipment or by the System infrastructure currently used by local governmental entities; and

(iii) review and approval of any requests or arrangements sought under this item;

(5) resolving any conflicts among System users relating to the operation, maintenance, or improvement of the System that cannot be resolved under the standard operating procedures;

(6) reviewing the annual cost estimation provided by the Director of the Board;

(7) recommending to the Governor and the General Assembly funding and resource levels for System operation and maintenance;

(8) advising the Governor and General Assembly on resources needed for appropriate operation and expansion to meet service needs for public safety communications statewide; and

(9) negotiating agreements with federal agencies, surrounding states, or the District of Columbia for the use of the System.

(c) It is the intent of the General Assembly that the Board shall continue to receive guidance and input from the bodies currently constituted under Executive Order 01.01.2008.07, including the Statewide Interoperability Executive Committee (SIEC) for as long as the Executive Order is in effect.

Title 2

Subtitle 1

§ 2-101

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

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

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

(2) “Commissioned rank” does not include the Secretary.

(e) “Department” means the Department of State Police.

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

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

(2) “Law enforcement agency” includes:

(i) sheriffs; and

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

(h) (1) “Noncommissioned rank” means a rank other than a commissioned rank.

(2) “Noncommissioned rank” does not include the Secretary.

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

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

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

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

(l) “Secretary” means the Secretary of State Police.

Subtitle 2

§ 2-201

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

§ 2-202

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

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

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

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

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

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

(3) The Secretary shall report to the Governor.

§ 2-203

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

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

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

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

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

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

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

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

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

§ 2-204

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

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

(1) establish the organization of the Department;

(2) create units in the Department;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 2-205

(a) The Secretary may adopt rules necessary to:

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

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

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

§ 2-206

The Attorney General shall represent the Department.

§ 2-207

The following units are in the Department:

(1) the State Fire Prevention Commission;

(2) the office of State Fire Marshal; and

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

§ 2-208

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

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

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

Subtitle 3

§ 2-301

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

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

(i) preserve the public peace;

(ii) detect and prevent the commission of crime;

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

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

(v) preserve order at public places;

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

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

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

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

(b) The Department shall:

(1) administer the laws that relate to:

(i) the sales of pistols and revolvers;

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

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

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

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

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

§ 2-302

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

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

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

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

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

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

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

§ 2-303

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

(b) The Secretary shall adopt rules to govern:

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

(2) the course of training; and

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

§ 2-304

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

(1) a voice communication system;

(2) a data communication system;

(3) a message switching system;

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

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

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

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

(i) promote the purposes of this title;

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

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

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

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

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

§ 2-305

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

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

(i) an arrest warrant;

(ii) a bench warrant;

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

(iv) a warrant for failure to appear.

(3) “Civil protective order” means:

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

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

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

(4) “System” means the Maryland Interagency Law Enforcement System.

(b) The Department shall:

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

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

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

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

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

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

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

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

§ 2-306

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

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

§ 2-307

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

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

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

1. position for civilian employees; and

2. rank for sworn employees.

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

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

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

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

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

§ 2-308

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

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

(i) to preserve the information;

(ii) to protect any confidential information; or

(iii) because of a pending prosecution.

(b) (1) The Department:

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

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

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

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

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

(ii) the press; and

(iii) any other interested person.

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

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

§ 2-309

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

§ 2-310

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

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

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

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

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

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

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

§ 2-311

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 2-312

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

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

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

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

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

§ 2-313

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

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

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

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

(2) Each license shall:

(i) be dated and numbered;

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

(iii) describe the dog that is licensed.

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

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

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

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

(i) is stamped “Department of State Police”; and

(ii) bears the license number of the dog.

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

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

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

§ 2-314

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

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

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

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

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

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

(7) “Police–initiated towing” means the towing or recovery of a commercial motor vehicle which was authorized, requested, or dispatched by the Department.

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

(9) “Tow list” means the list of towing businesses authorized by the Department to perform police–initiated towing services of disabled or abandoned commercial vehicles within the Department’s jurisdiction.

(10) “Towing” means using another vehicle to move or remove a vehicle.

(b) The Department shall:

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

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

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

(d) The Department shall:

(1) require a tow company that is on the tow list to ban the use of per pound billing by October 1, 2023;

(2) establish the approved rates for medium– and heavy–duty towing and recovery that may be charged by a tow company on the tow list by January 1, 2024; and

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

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

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

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

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

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

§ 2-314.1

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

(2) “Approved rates” has the meaning stated in § 2–314 of this subtitle.

(3) “Committee” means the Committee on Rate Setting and Complaint Resolution for Police–Initiated Medium–Duty and Heavy–Duty Towing and Recovery.

(4) “Police–initiated towing” has the meaning stated in § 2–314 of this subtitle.

(5) “Recovery” has the meaning stated in § 2–314 of this subtitle.

(b) There is a Committee on Rate Setting and Complaint Resolution for Police–Initiated Medium–Duty and Heavy–Duty Towing and Recovery.

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

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

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

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

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

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

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

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

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

(f) A member of the Committee:

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

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

(g) The Committee shall:

(1) on or before December 1, 2023, recommend approved rates to the Department that should be charged for police–initiated towing and recovery services;

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

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

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

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

§ 2-315

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

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

(1) coordinating and focusing State resources; and

(2) ensuring interagency communications and intelligence–sharing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) A member of the Council:

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

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

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

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

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

1. support law enforcement activities; and

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

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

(iii) specify strategies to:

1. share intelligence between law enforcement agencies;

2. develop patrol agreements across jurisdictions; and

3. provide mutual aid to law enforcement agencies across jurisdictions;

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

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

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

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

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

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

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

§ 2-316

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

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

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

(2) ensuring interagency communications and intelligence–sharing.

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

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

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

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

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

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

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

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

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

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

(f) Each regional council shall meet to:

(1) share intelligence;

(2) identify regional crime trends;

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

(4) review outstanding warrants in the region; and

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

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

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

Subtitle 4

§ 2-401

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

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

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

§ 2-402

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

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

(b) Each appointee to the Department shall:

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

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

§ 2-402.1

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

§ 2-403

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

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

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

§ 2-404

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

(b) The Secretary shall make all promotions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 2-405

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

(2) The pay plan under this subsection:

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

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

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

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

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

(2) (i) Except as provided in subparagraph (ii) of this paragraph, on promotion a police employee or a deputy State fire marshal is entitled to the pay specified for the new rank in the same step that the police employee or deputy State fire marshal occupied before promotion.

(ii) If the step that the police employee or deputy State fire marshal occupied before promotion is higher than that held by a police employee or deputy State fire marshal who is already in the rank and has equal or higher total service time, on promotion the police employee or deputy State fire marshal is entitled only to the pay specified for the new rank in the next lower step than the police employee or deputy State fire marshal occupied before promotion.

§ 2-406

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

(2) The vouchers shall be:

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

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

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

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

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

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

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

(ii) the Attorney General approves the payment.

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

§ 2-407

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

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

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

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

§ 2-408

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

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

§ 2-409

(a) There is a Sick Leave Reserve.

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

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

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

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

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

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

(i) has a documented medical disability; and

(ii) has exhausted all forms of leave.

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

§ 2-410

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

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

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

(i) exceed 2 years; and

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

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

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

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

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

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

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

§ 2-411

(a) If authorized by the Secretary:

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

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

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

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

§ 2-412

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

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

(3) “Municipal corporation” includes Baltimore City.

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

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

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

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

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

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

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

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

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

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

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

(10) in the municipal corporations of Somerset County;

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

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

2. when rendering assistance to a police officer;

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

4. when an emergency exists; and

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

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

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

§ 2-413

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

§ 2-414

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

§ 2-415

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

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

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

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

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

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

(ii) the Secretary authorizes the transaction.

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

§ 2-416

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

§ 2-417

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

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

§ 2-418

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

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

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

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

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

Subtitle 5

§ 2-501

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

(b) “Burglary” includes the crimes enumerated in §§ 6–202, 6–203, and 6–204 of the Criminal Law Article.

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

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

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

(e) (1) Except as provided in paragraph (2) of this subsection, “crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.

(2) “Crime of violence” does not include mayhem.

(f) “Director” means the Director of the Crime Laboratory or the Director’s designee.

(g) “DNA” means deoxyribonucleic acid.

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

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

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

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

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

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

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

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

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

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

§ 2-502

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

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

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

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

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

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

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

(d) The Crime Laboratory shall:

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

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

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

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

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

§ 2-503

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

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

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

(3) to govern the procedures used:

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

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

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

§ 2-504

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

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

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

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

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

1. a crime of violence or an attempt to commit a crime of violence; or

2. burglary or an attempt to commit burglary.

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

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

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

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

(1) by an individual who is:

(i) designated by the Director; and

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

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

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

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

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

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

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

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

(d) (1) In this subsection, “police officer” has the meaning stated in § 3–301 of this article.

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

(i) if:

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

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

3. an information is filed by a State’s Attorney for a qualifying crime in accordance with § 4–102 of the Criminal Procedure Article; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 2-505

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

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

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

(3) to help identify human remains;

(4) to help identify missing individuals; and

(5) for research and administrative purposes, including:

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

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

(iii) quality control.

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

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

§ 2-506

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

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

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

§ 2-507

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

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

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

§ 2-508

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

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

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

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

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

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

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

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

(i) the defendant requests the search; and

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

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

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

§ 2-509

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

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

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

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

(iii) a State’s Attorney’s office; or

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

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

§ 2-510

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

§ 2-511

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

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

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

(iii) the individual is granted an unconditional pardon.

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

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

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

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

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

(ii) the individual receives probation before judgment; or

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

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

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

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

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

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

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

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

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

§ 2-512

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

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

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

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

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

(2) destruction has been ordered.

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

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

§ 2-513

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

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

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

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

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

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

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

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

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

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

(i) the number of matches;

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

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

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

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

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

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

§ 2-514

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

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

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

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

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

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

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

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

Subtitle 6

§ 2-601

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

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

§ 2-602

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

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

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

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

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

(ii) perform related police services; and

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

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

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

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

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

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

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

§ 2-603

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

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

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

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

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

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

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

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

§ 2-604

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

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

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

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

Subtitle 7

§ 2-701

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

(b) “Commercial motor vehicle” has the meaning stated in § 16-803 of the Transportation Article.

(d) “Fund” means the Vehicle Theft Prevention Fund.

§ 2-702

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

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

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

(i) as ex officio members of the Council:

1. the Secretary or a designee;

2. the Secretary of Juvenile Services or a designee;

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

4. the Motor Vehicle Administrator of the Motor Vehicle Administration; and

(ii) nine regular members.

(2) Of the nine regular members:

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

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

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

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

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

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

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

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

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

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

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

(e) A member of the Council:

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

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

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

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

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

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

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

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

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

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

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

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

§ 2-703

(a) There is a Vehicle Theft Prevention Fund.

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

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

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

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

(3) investment earnings of the Fund.

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

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

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

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

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

(1) State and local law enforcement agencies:

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

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

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

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

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

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

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

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

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

(i) in accordance with the State budget; or

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

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

Title 3

Subtitle 1

§ 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 § 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 § 3–201 of this title.

(i) “Serious physical injury” has the meaning stated in § 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.

§ 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.

(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.

§ 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.

§ 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 § 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.

§ 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.

§ 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.

§ 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 § 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.

(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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 3-114

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

Subtitle 2

§ 3-201

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

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

(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 § 2–208.1 of the Criminal Procedure Article;

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

(vii) a Prince George’s County fire and explosive investigator as defined in § 2–208.3 of the Criminal Procedure Article;

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

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

(x) a Howard County fire and explosive investigator as defined in § 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.

§ 3-202

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

§ 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.

§ 3-204

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

§ 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.

(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.

§ 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.

(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.

§ 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.

(d) The Department shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 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 § 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 § 2–1220 of the State Government Article.

§ 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 § 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 § 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 § 3–524 of this title;

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

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

(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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 6–602 of the State Government Article; and

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

§ 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.

§ 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 § 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 § 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.

§ 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 § 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 §§ 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 § 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.

§ 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.

§ 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.

§ 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.

§ 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 § 3–524 of this title; or

(iii) knowingly fails to report suspected child abuse in violation of § 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 §§ 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.

§ 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.

§ 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.

§ 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.

(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.

§ 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.

§ 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.

§ 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

§ 3-301

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

(b) “Central Repository” has the meaning stated in § 10–101 of the Criminal Procedure Article.

(d) “Secretary” means the Secretary of State Police.

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

§ 3-302

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

§ 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.

§ 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 § 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.

§ 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.

(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.

§ 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.

§ 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.

§ 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.

§ 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, § 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.

§ 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 § 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.

§ 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.

§ 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.

(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.

§ 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.

(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.

§ 3-314

The State and any subdivision or municipal corporation of the State shall have the immunity from liability described under § 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.

§ 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 § 3-313 of this subtitle.

(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.

§ 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

§ 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.

§ 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.

§ 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.

(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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 3-408

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

§ 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.

§ 3-410

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 3-415

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

Subtitle 5

§ 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 § 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.

§ 3-501.1

IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTER 521 OF 2022 //

(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 § 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.

§ 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.

§ 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.

§ 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.

(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.

§ 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:

(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.

§ 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 § 3–506.1 of this subtitle.

§ 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.

(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.

§ 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 § 2–101 of this article.

(4) (i) “Law enforcement officer” has the meaning stated in § 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 § 2–1257 of the State Government Article, on or before June 30 of each year.

§ 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 § 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 § 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 § 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.

§ 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 § 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 § 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.

§ 3-511

(a) In this section, “law enforcement agency” has the meaning stated in § 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.

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.

§ 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 § 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.

§ 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 § 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.

§ 3-513

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

(2) “Commission” has the meaning stated in § 3–201 of this title.

(3) “Law enforcement agency” has the meaning stated in § 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.

(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.”.

§ 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 § 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.

§ 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.

§ 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.

§ 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.

(1) post a detailed description of the local law enforcement agency’s community policing program on the Internet in accordance with § 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 § 3–207 of this title.

§ 3-518

Each law enforcement agency shall annually report to the Maryland Police Training and Standards Commission, in accordance with § 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.

§ 3-519

(a) Each law enforcement agency shall adopt the uniform citizen complaint process developed by the Maryland Police Training and Standards Commission under § 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.

§ 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 § 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.

§ 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.

§ 3-521

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

(2) “Law enforcement agency” has the meaning stated in § 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 § 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.

§ 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.

(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 § 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.

§ 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 § 3–201 of this title.

(4) “Police officer” has the meaning stated in § 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 § 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.

§ 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 § 3–201 of this title.

(3) “Police officer” means:

(i) a police officer as defined in § 3–201 of this title; or

(ii) a special police officer as defined in § 3–301 of this title.

(4) “Serious physical injury” has the meaning stated in § 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.

§ 3-525

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

(2) “Law enforcement agency” has the meaning stated in § 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 § 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 § 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.

§ 3-526

(a) (1) This section applies only to publicly owned dogs that are:

(i) licensed under § 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 § 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.

§ 3-527

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

(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.

(3) “Police officer” has the meaning stated in § 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 § 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.

§ 3-528

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

(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.

(3) “Police officer” has the meaning stated in § 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 § 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.

§ 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.

(b) An entity operating a database shall:

(1) deny access to the database to any individual who is seeking access for the purpose of enforcing federal immigration law, unless the individual presents a valid warrant issued by a federal court or a court of this State; and

(2) require an individual accessing the database 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 for the purpose of enforcing federal immigration law.

§ 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 § 4–202, § 4–202.1, or § 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 § 2–1257 of the State Government Article, the General Assembly.

§ 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.

§ 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 § 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.

§ 3-533

(a) In this section, “law enforcement agency” has the meaning stated in § 3–201 of this title.

(b) If a law enforcement agency is notified by a medical examiner under § 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.

§ 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.

Subtitle 6

§ 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 § 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.

§ 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 § 3–207 of this title when taking a missing person report.

§ 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 § 5-502 of the Health - General Article.

§ 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.

§ 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.

§ 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 § 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.

§ 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.

§ 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 § 7–101(g) of the Health – General Article.

(4) “Intellectual disability” has the meaning stated in § 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 § 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;

(iv) who does not meet the criteria for activation of a Silver Alert under § 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

§ 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. § 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.

Title 4

Subtitle 1

§ 4-101

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

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(d) “Local law enforcement agency” means the police department of a county or municipal corporation in the State.

(e) “Protective body armor” means a vest or similar article that is:

(1) designed to be worn on the body to protect against blunt force trauma associated with the impact of a firearm projectile; and

(2) manufactured of bullet resistant fabric that conforms to National Institute of Justice (NIJ) Standard 0101.03 (or the current edition) and V-50 ballistic testing requirements.

§ 4-102

(a) There is a Protective Body Armor Fund.

(b) The purposes of the Fund are:

(1) to assist local law enforcement agencies to:

(i) acquire protective body armor for each police officer of the local law enforcement agency; and

(ii) replace protective body armor at least every 10 years, or sooner if testing indicates a need for replacement; and

(2) upon the fulfillment of the purposes specified in paragraph (1) of this subsection, to assist the Division of Parole and Probation of the Department of Public Safety and Correctional Services to acquire protective body armor for its agents with the remainder of the funds.

(d) The Fund consists of money appropriated in the State budget to the Fund.

(e) (1) As authorized by the Executive Director, the Treasurer shall make payments out of the Fund to local law enforcement agencies and the Division of Parole and Probation.

(2) A local law enforcement agency and the Division of Parole and Probation may use State money provided under this subtitle only to purchase or replace protective body armor.

§ 4-103

(a) The Executive Director shall establish procedures for local law enforcement agencies to apply for money from the Fund.

(b) A local law enforcement agency that applies for money from the Fund shall provide the Executive Director with the following information:

(1) the number of violent crime incidents committed within the jurisdiction of the local law enforcement agency for the last 2 years;

(2) the current number of sworn officers;

(3) the current number of sworn officers not assigned protective body armor;

(4) the number and age of protective body armor units currently in use by the local law enforcement agency;

(5) the number of protective body armor units requested:

(i) for officers not currently assigned protective body armor; and

(ii) for officers assigned protective body armor in need of replacement due to age or wear;

(6) the regulations of the local law enforcement agency that relate to the use of protective body armor;

(7) the local law enforcement agency’s budget request for supplies and equipment for the current and last 2 fiscal years; and

(8) any other information that the Executive Director considers necessary to make grants for protective body armor.

§ 4-104

(a) (1) In accordance with the State budget, the Executive Director shall make grants to local law enforcement agencies to purchase and replace protective body armor based on the comparative needs of each local law enforcement agency as determined by the criteria set forth in § 4-103(b) of this subtitle.

(2) A single grant may not initially exceed 10% of the total money budgeted in the Fund for any fiscal year.

(b) After the initial allocation of money, the Executive Director may distribute any money remaining in the Fund on an equitable basis, as determined by the criteria set forth in § 4-103(b) of this subtitle.

(c) After the allocations of money made in accordance with subsections (a) and (b) of this section, the Executive Director may distribute any of the money remaining in the Fund to the Division of Parole and Probation to assist the Division to acquire protective body armor for its agents.

§ 4-105

(a) A local law enforcement agency shall use the money distributed under this subtitle as an addition to and not as a substitute for money appropriated from sources other than the Fund to acquire or replace protective body armor.

(b) (1) Each local law enforcement agency shall spend money from its own sources to acquire or replace protective body armor in an amount at least equal to the amount of State money awarded from the Fund.

(2) After a local law enforcement agency receives notice from the Executive Director of a grant, the local law enforcement agency shall submit to the Executive Director proof of expenditures on protective body armor.

(3) After certifying the expenditures under paragraph (2) of this subsection, the Executive Director may authorize the reimbursement of one-half of the local law enforcement agency’s expenditures on protective body armor, up to a maximum of the amount of the grant.

§ 4-106

To reduce the cost of protective body armor, the Executive Director should encourage the bulk purchase of protective body armor.

§ 4-107

On or before September 1 of each year, the Executive Director shall report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly on:

(1) the distribution of money under this subtitle; and

(2) the ratio of protective body armor to police officers in each local jurisdiction of the State that applied for money from the Fund.

Subtitle 4

§ 4-401

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

(2) “Forensic laboratory” means a facility, an entity, or a site that offers or performs forensic analysis and is owned or operated by the State, a county or municipal corporation in the State, or another governmental entity.

(3) “Fund” means the Rape Kit Testing Grant Fund.

(4) “Law enforcement agency” means the Department of State Police or a police department of a county or municipal corporation in the State.

(b) There is a Rape Kit Testing Grant Fund.

(1) law enforcement agencies to pay for testing of sexual assault evidence collection kits by forensic laboratories, including equipment, supplies, personnel, and outsourcing;

(2) the Office of the Attorney General to assist law enforcement agency investigations of crimes involving sexual assault evidence collection kits that were collected before October 1, 2020, and have not been tested;

(3) the federally recognized State sexual assault coalition for a statewide sexual assault victim notification hotline and related personnel to provide victims of sexual assault with:

(i) advocacy;

(ii) support;

(iii) information about untested rape kits;

(iv) information about navigating the sexual assault evidence kit tracking system established under § 11–926.1 of the Criminal Procedure Article; and

(v) victims’ rights information; and

(4) peer–to–peer telehealth programs as defined in § 11–1007 of the Criminal Procedure Article.

(d) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall:

(1) administer the Fund;

(2) establish and publish procedures for the distribution of funding;

(3) ensure each jurisdiction in the State that has a forensic laboratory is able to access the Fund;

(4) consider the number of sexual assault incidents that were investigated by a law enforcement agency in the prior fiscal year when distributing funding;

(5) (i) ensure that funds are distributed in accordance with subsection (c)(2) and (3) of this section each fiscal year until all sexual assault evidence collection kits collected before October 1, 2020, have been tested, or it has been determined that testing is not required under § 11–926 of the Criminal Procedure Article; and

(ii) unless the appropriation to the Fund is reduced or funding has been awarded from the National Sexual Assault Kit Initiative for the same purpose, ensure that funds distributed under this paragraph are not less than the amount distributed for the prior fiscal year; and

(6) submit a report with information on the distribution of funding to the General Assembly, in accordance with § 2–1257 of the State Government Article, before September 1 each year.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 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) money appropriated in the State budget to the Fund;

(2) any interest earnings of the Fund; and

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

(g) (1) The Fund may be used only for the purposes stated in subsection (c) of this section.

(2) Subject to paragraph (1) of this subsection, the Fund may be used for the testing of sexual assault evidence collection kits collected before or after the establishment of the Fund.

(3) The Fund may not be used to support the sexual assault evidence collection kit tracking program established under § 11–926.1 of the Criminal Procedure Article.

(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, including interest earnings under subsection (f) of this section, shall be credited to the Fund.

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

(2) The Executive Director of the Governor’s Office of Crime Prevention and Policy may make a grant from the Fund for a period of up to 36 months.

(j) Money expended from the Fund for testing of sexual assault evidence collection kits is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the purposes of the Fund as stated in subsection (c) of this section.

Subtitle 5

§ 4-501

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

(b) “Adjusted assessed valuation of real property” means the sum of:

(1) 100% of the assessed valuation of the operating real property of public utilities;

(2) 40% of the assessed valuation of all other real property for State purposes, as reported by the Department of Assessments and Taxation as of July 1 of the second fiscal year preceding the fiscal year for which the calculation of State aid is to be made; and

(3) 20% of new property assessed between July 1 and December 31 of the second preceding fiscal year.

(c) “Aggregate expenditures for police protection” means the sum of expenditures for police protection of a county and of every qualifying municipality in the county.

(d) “County” does not include Baltimore City.

(e) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(f) (1) “Expenditures for police protection” means expenses for the fiscal year immediately preceding the fiscal year for which the calculation of State aid under this subtitle is to be made for:

(i) salaries, wages, and other operating expenses for police protection;

(ii) capital outlays from current operating funds for police protection;

(iii) debt service identifiable for police protection;

(iv) officers of a sheriff’s office to the extent that the officers perform police protection functions; and

(v) traffic control, park police, and a share of the cost of a central alarm system proportionate to its police use.

(2) “Expenditures for police protection” does not include expenses for collecting from or servicing parking meters or constructing or operating local correctional facilities.

(g) “Fund” means the State Aid for Police Protection Fund.

(h) (1) “Municipality” means an incorporated city or town.

(2) “Municipality” does not include Baltimore City.

(i) “Net taxable income” means the taxable income of individuals under Title 10 of the Tax – General Article, as certified by the Comptroller for the third completed calendar year preceding the fiscal year for which the calculation of State aid is to be made.

(j) “Qualified police officer” means a police officer that the Executive Director determines to be qualified under § 4–504(d) of this subtitle.

(k) “Qualifying municipality” means a municipality that:

(1) (i) has expenditures for police protection that exceed $5,000; and

(ii) employs at least one full–time qualified police officer; or

(2) (i) has expenditures for police protection that exceed $80,000; and

(ii) employs at least two part–time qualified police officers from a county police department or county sheriff’s department.

(l) “Real property” means all property classified as real property under § 8–101(b) of the Tax – Property Article.

(m) “Sworn officer” means:

(1) a law enforcement officer certified by the Maryland Police Training and Standards Commission; or

(2) a full–time probationary employee of a local government who:

(i) is hired to attend a police training academy to become a certified law enforcement officer; and

(ii) is in training or is functioning as a law enforcement officer pending training.

(n) “Wealth base” means the sum of the adjusted assessed valuation of real property and net taxable income.

§ 4-502

Nothing in this subtitle may be construed as requiring a county or qualifying municipality to spend more for police protection than the greater of:

(1) the actual expenditures for police protection, not including capital expenditures; or

(2) the sum of:

(i) the amount received in State aid under this subtitle; and

(ii) local funds equal to the percentage of local wealth used in calculating the State share in basic expenditures under § 4–506(b) of this subtitle.

§ 4-503

(a) There is a State Aid for Police Protection Fund.

(b) The Fund provides a continuing grant from the General Fund of the State that shall be used exclusively to provide adequate police protection in the counties and qualifying municipalities through the sharing of costs on an equitable basis within certain limits related to population factors.

§ 4-504

(a) The Executive Director shall administer the Fund.

(b) The Executive Director shall:

(1) certify to the Comptroller, counties, and qualifying municipalities the amount of payments under this subtitle to the counties and qualifying municipalities; and

(2) adopt regulations and require reports that are necessary to certify the amounts.

(1) make a continuing effort to establish standards of police protection adequate to the various local situations; and

(2) subject to § 2–1257 of the State Government Article, report periodically to the General Assembly on progress in establishing and meeting those standards, including the payment amounts certified under subsection (b) of this section and any other relevant fiscal information.

(d) The Executive Director shall apply the minimum standards determined by the Police Training and Standards Commission under Title 3, Subtitle 2 of this article to determine whether police officers are qualified.

(e) The Police Training and Standards Commission shall print and distribute to all municipalities its regulations that set forth the minimum standards for police qualifications.

(f) (1) If a municipality fails to meet the minimum standards for police qualifications for 2 successive years, the Executive Director shall withhold from the municipality payments that would otherwise be payable the second year.

(2) (i) Any payment withheld for noncompliance is forfeited.

(ii) A municipality may not make a claim for the withheld payment.

§ 4-505

For population and density determinations under this subtitle:

(1) population numbers for a county shall be those estimated by the Maryland Department of Health, as of July 1 of each year; and

(2) the percentage of population residing in municipalities shall be determined from time to time by the most recently published federal decennial census data.

§ 4-506

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection and subject to § 4–507 of this subtitle and the limitations and requirements provided in this subtitle, each fiscal year the State shall pay to each county and each qualifying municipality, in the manner provided in this subtitle, an amount determined as provided in this section.

(2) Notwithstanding any other provision of this subtitle, for each of fiscal years 2015 and 2016, the total amount of the grants provided under this subtitle shall be $67,277,067.

(3) Notwithstanding any other provision of this subtitle, for fiscal year 2018, the total amount of the grants provided under this subtitle shall be $73,714,998 and each county and each qualifying municipality shall receive the same State funding that the county or qualifying municipality received in fiscal year 2017.

(b) (1) If the aggregate expenditures for police protection in a county equal or exceed $6.00 per person, the State shall pay to the county the amount by which $6.00 per person exceeds 0.09% of the wealth base of the county.

(2) If the aggregate expenditures for police protection in a county are less than $6.00 per person, the State shall pay to the county the amount by which aggregate expenditures for police protection exceed the amount obtained by multiplying 0.09% of the wealth base of the county times a fraction:

(i) the numerator of which is the aggregate expenditures for police protection; and

(ii) the denominator of which is $6.00 per person.

(c) (1) Except as otherwise provided in this subsection, in addition to the amount, if any, payable under subsection (b) of this section, the State shall pay to each county 25% of the amount by which aggregate expenditures for police protection in the county exceed $6.00 per person.

(2) For a county with a population density of less than 100 per square mile and in which less than 30% of the total population resides in a municipality, the State shall make no payment under this subsection.

(3) For a county with a population density of at least 100 but less than 500 per square mile, and for a county with a population density of less than 100 per square mile and in which at least 30% of the total population resides in a municipality, payment under this subsection may not exceed $3.50 per person.

(4) For a county with a population density of at least 500 but less than 900 per square mile, payment under this subsection may not exceed $7.50 per person.

(5) For a county with a population density of at least 900 but less than 1,100 per square mile, payment under this subsection may not exceed $8.00 per person.

(6) For a county with a population density of at least 1,100 but less than 1,300 per square mile, payment under this subsection may not exceed $9.25 per person.

(7) For a county with a population density of at least 1,300 but less than 8,000 per square mile, payment under this subsection shall be:

(i) 25% of the amount by which aggregate expenditures for police protection in the county exceed $6.00 per person but do not exceed $36.00 per person; and

(ii) 50% of the amount by which aggregate expenditures for police protection in the county exceed $36.00 per person but do not exceed $45.50 per person.

(8) For a county with a population density of at least 8,000 per square mile, payment under this subsection shall be:

(i) 25% of the amount by which aggregate expenditures for police protection in the county exceed $6.00 per person but do not exceed $36.00 per person; and

(ii) 50% of the amount by which aggregate expenditures for police protection in the county exceed $36.00 per person but do not exceed $101.50 per person.

(d) (1) The State shall pay to each county the amount by which $2.50 per person exceeds the total payments determined under subsections (b) and (c) of this section.

(2) A county for which the population estimate is less than the population estimated for the first year of the grant may not receive in any year a smaller amount of State aid for police protection than it received in any previous year if it has not reduced the level of expenditures for police protection which entitled it to the amount of the previous year’s grant.

(e) In addition to the payments made under subsections (b), (c), and (d) of this section, the State shall pay to each county with a population density of less than 500 per square mile, $2.00 per person.

(f) (1) In addition to the payments made under subsections (b) through (e) of this section, the State shall pay:

(i) to each county, $2.50 per person, subject to paragraph (2) of this subsection;

(ii) to Baltimore City, $0.50 per person; and

(iii) to each county that borders the District of Columbia, in addition to the amount required under item (i) of this paragraph, $0.50 per person living in the county within 1 mile of the border between the State and the District of Columbia.

(2) The State shall allocate the supplemental grant on a per person basis among the county and the qualifying municipalities in that county and distribute the resulting allocation to each county and qualifying municipality.

(g) Each fiscal year, the State shall pay to each county an additional grant equal to the greater of:

(1) 10% of the total of the payments determined under subsections (b) through (e) of this section; or

(2) an amount not to exceed $1 per person.

(h) The State shall pay each county the amount by which the grant paid to the county in fiscal year 1984 exceeds the total payments determined under subsections (b) through (g) of this section.

(i) Each fiscal year, the State shall pay to each qualifying municipality, in addition to the payments made under subsections (b) through (h) of this section, $1,950 for each sworn officer actually employed on a full–time basis by the qualifying municipality, as determined by the Executive Director.

(j) The payment made to each county under subsections (b), (c), (d), (e), (g), and (h) of this section shall be allocated to each county and qualifying municipality by multiplying the total payment by a fraction:

(1) the numerator of which equals the expenditures for police protection of the county or the qualifying municipality; and

(2) the denominator of which equals the aggregate expenditures for police protection.

§ 4-507

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

(2) “Crime assessment” means an amount obtained for each county or Baltimore City by multiplying the percent of total Part I crimes in the State that were committed in the county or Baltimore City by 10% of the costs for the crime laboratory of the State Police as provided in the State budget for the fiscal year of the assessment.

(3) “Part I crimes” means the crimes reported by the State Police as Part I crimes in the annual uniform crime report for the second completed calendar year preceding the fiscal year of the crime assessment.

(4) “Wealth assessment” means an amount obtained for each county or Baltimore City by multiplying the percent of the total wealth base of the State that is attributable to the wealth base of the county or Baltimore City by 20% of the costs for the crime laboratory of the State Police as provided in the State budget for the fiscal year of the assessment.

(b) For each fiscal year, the amount determined under § 4–506 of this subtitle for each county or Baltimore City shall be reduced by the sum of the crime assessment and the wealth assessment for the county or Baltimore City.

§ 4-508

The State Treasurer shall make the payments required under this subtitle to each county and qualifying municipality:

(1) on warrants of the Comptroller;

(2) at the end of each quarter of each fiscal year; and

(3) in approximately equal amounts for each quarter to the appropriate county or qualifying municipality.

§ 4-509

(a) If the Executive Director finds that a county is not complying with § 4–502 of this subtitle, the Executive Director shall notify the county or qualifying municipality of the noncompliance.

(b) If a county or qualifying municipality disputes the finding in the notice issued under subsection (a) of this section within 30 days of the issuance of the notice, the dispute shall be promptly referred to the Secretary of Budget and Management, who shall make a final determination.

(c) On receipt of certification of noncompliance by the Executive Director or the Secretary of Budget and Management, the Comptroller shall suspend, until notification of compliance is received, payment of any funds due the county or qualifying municipality for the current fiscal year, under § 4–506 of this subtitle, to the extent that the State’s aid due the county or qualifying municipality in the current fiscal year under § 4–506 of this subtitle exceeds the amount that the county or qualifying municipality received in the prior fiscal year.

Subtitle 6

§ 4-601

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

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(d) “Local law enforcement agency” means an agency of a county or municipal corporation in the State that performs police protection functions.

(e) “Task Force” means the Maryland Internet Crimes Against Children Task Force established by the Department of State Police.

§ 4-602

(a) There is an Internet Crimes Against Children Task Force Fund.

(b) The purpose of the Fund is to provide:

(1) grants to local law enforcement agencies for salaries, training, and equipment to be used for the investigation and prosecution of Internet crimes against children; and

(2) funding to support the ongoing operations of the Task Force.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 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 in conjunction with the Executive Director.

(e) The Fund consists of:

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

(2) interest earnings of the Fund; and

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

(f) The Fund shall be distributed on the basis of need, as determined by the Executive Director, in the following manner:

(1) for grants to local law enforcement agencies for salaries, training, and equipment to be used for the investigation and prosecution of Internet crimes against children;

(2) to the Task Force to support the ongoing operations of the Task Force; and

(3) in an amount not greater than 25% of the Fund, to child advocacy centers, as established under § 11–923(h) of the Criminal Procedure Article.

(g) (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.

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

(i) For fiscal year 2018 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of not less than $2,000,000 to the Fund.

(j) The accounts and transactions of the Fund shall be subject to audit by the legislative auditor as provided in § 2–1220 of the State Government Article.

§ 4-603

(a) Before the distribution of grant funds, grant recipients shall execute a memorandum of understanding with the Task Force and agree to work with the Task Force, abiding by Task Force guidelines and protocols related to the investigation and prosecution of Internet crimes against children.

(b) After receiving a grant award, the local law enforcement agency shall submit a report detailing the use of grant expenditures to the Executive Director.

Subtitle 7

§ 4-701

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

(b) “Community program” means:

(1) a program that is established and sponsored by a local law enforcement agency to:

(i) provide recreational or athletic opportunities for members of the community;

(ii) improve relations between citizens and law enforcement; or

(iii) otherwise benefit or improve the community; or

(2) a violence intervention program established and supported by a local law enforcement agency or another agency of a local government.

(d) “Fund” means the Community Program Fund.

(e) “Local law enforcement agency” means the police department of a county or municipal corporation in the State.

§ 4-702

(a) There is a Community Program Fund.

(b) The purpose of the Fund is to assist:

(1) local law enforcement agencies in establishing community programs; and

(2) agencies of a local government in establishing violence intervention programs.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 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, in conjunction with the Executive Director.

(e) (1) The Fund consists of:

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

(ii) investment earnings of the Fund; and

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

(2) For fiscal year 2018 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation to the Fund of $500,000.

(f) (1) The Fund may be used only to make grants as provided under this subtitle.

(2) The Fund may not be used for administrative expenses.

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

(2) Any investment earnings of the Fund shall be paid into the Fund.

§ 4-703

(a) The Executive Director shall establish procedures for agencies to apply for money from the Fund.

(b) An agency that applies for money from the Fund shall provide the Executive Director with:

(1) a description of the activities and functions of the community program for which the money is requested;

(2) the eligibility requirements for participation in the community program;

(3) the number of participants in the community program; and

(4) any other information that the Executive Director considers necessary.

(i) local law enforcement agencies to support community programs; and

(ii) agencies of a local government to support violence intervention programs.

(2) The amount of each grant shall be in proportion to the number of agencies that apply for money from the Fund.

(d) The agency shall submit to the Executive Director proof of expenditures of the grant for the community program.

(e) Money distributed under this subtitle shall be used to supplement and not supplant any other funding for a community program.

(f) The Governor’s Office of Crime Prevention and Policy and the Maryland Police Training and Standards Commission shall provide technical assistance to agencies in applying for:

(1) money from the Fund; or

(2) other federal, State, or private grants for community programs.

Subtitle 8

§ 4-801

(a) In this section, “Safe Streets Initiative” means a violence prevention or intervention program operated by a community–based organization in a neighborhood that is disproportionately affected by violent crime.

(b) (1) For each fiscal year the Governor shall include in the annual budget bill an appropriation of $3,600,000 for Baltimore City to be used only to:

(i) provide grants to community–based organizations to operate Safe Streets Initiatives in Baltimore City; and

(ii) cover expenses incurred by Baltimore City that are attributable to the Safe Streets Initiative, including personnel hired by Baltimore City and assigned to a Safe Streets Initiative.

(2) The funds required to be included in the annual budget bill under paragraph (1) of this subsection shall be used solely to supplement, and not supplant, funds otherwise available for Safe Streets Initiatives in Baltimore City.

(1) require a matching fund;

(2) exceed $600,000 per Safe Streets Initiative; or

(3) supplant grant funding otherwise available for Safe Streets Initiatives.

(d) On or before December 31 each year, the Mayor of Baltimore City shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on:

(1) the effectiveness of Safe Streets Initiatives in Baltimore City;

(2) the status of all Safe Streets Initiatives in Baltimore City, including a summary of grants awarded with the following information about each grant:

(i) the name of the awardee;

(ii) the amount of the grant; and

(iii) a summary of the program for which the grant was awarded; and

(3) any other information considered necessary by the Mayor of Baltimore City.

Subtitle 9

§ 4-901

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

(b) “Council” means the Maryland Violence Intervention and Prevention Advisory Council established under § 4–903 of this subtitle.

(1) is developed and evaluated through scientific research and data collection;

(2) uses public health principles that demonstrate measurable positive outcomes in preventing gun violence; and

(3) is implemented by a nonprofit organization or public agency.

(d) “Evidence–informed health program” means a program, an approach, or an initiative that is:

(1) based on public health principles;

(2) capable of being studied and evaluated through research and data collection;

(3) for the purpose of reducing gun violence;

(4) directed to influence factors determined to affect gun violence; and

(5) implemented by a nonprofit organization or public agency.

(e) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(f) “Fund” means the Maryland Violence Intervention and Prevention Program Fund.

(g) “Hospital–based violence intervention program” means a violence intervention program that:

(1) is operated by:

(i) a hospital; or

(ii) an individual or entity in collaboration with a hospital; and

(2) provides intensive counseling, case management, and social services to individuals who are recovering from injuries resulting from violence.

(h) “Local government” means a county or municipality.

§ 4-902

(a) There is a Maryland Violence Intervention and Prevention Program Fund.

(b) The purpose of the Fund is to:

(1) support effective violence reduction strategies by providing competitive grants to local governments and nonprofit organizations to fund evidence–based health programs or evidence–informed health programs; and

(2) evaluate the efficacy of evidence–based health programs or evidence–informed health programs funded through the Fund.

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

(2) The State Treasurer shall hold the Fund separately and the Comptroller, in conjunction with the Executive Director, shall account for the Fund.

(e) (1) The Fund consists of:

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

(ii) investment earnings of the Fund; and

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

(2) (i) Subject to subparagraph (ii) of this paragraph, the Governor may annually appropriate up to $10,000,000 to the Fund.

(ii) The Governor shall annually include in the annual budget bill an appropriation composed of at least $3,000,000 in general funds to the Fund.

(f) (1) The Fund shall be used in the following manner:

(i) to support effective violence reduction strategies by providing competitive grants to local governments and nonprofit organizations to fund evidence–based health programs or evidence–informed health programs;

(ii) in an amount not less than 5% but not greater than 10% of the Fund, for the evaluation of the efficacy of evidence–based health programs or evidence–informed health programs awarded grants through the Fund; and

(iii) in an amount not greater than 4% of the Fund, for the following administrative costs:

1. oversight of the Fund;

2. public outreach and education about the Fund; and

3. technical assistance and best practice education for grantees.

(2) The Fund may not be used to:

(i) supplant funding that would otherwise be available for violence intervention or prevention programs; or

(ii) fund suppression activities by law enforcement.

(g) (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.

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

(i) The accounts and transactions of the Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.

§ 4-903

(a) There is a Maryland Violence Intervention and Prevention Advisory Council in the Governor’s Office of Crime Prevention and Policy.

(b) The Council consists of the following members:

(1) the Executive Director;

(2) one member of the Senate of Maryland, appointed by the President of the Senate;

(3) one member of the House of Delegates, appointed by the Speaker of the House;

(4) one individual from a higher education institution who studies public health, appointed by the Executive Director;

(5) one individual who has been affected by gun violence, appointed by the Executive Director; and

(6) subject to subsection (c) of this section, eight individuals appointed as follows:

(i) four individuals from community–based or hospital–based violence intervention programs that use evidence–based health programs or evidence–informed health programs, two appointed by the President of the Senate and two appointed by the Speaker of the House;

(ii) two individuals from local police departments or the Department of State Police, one appointed by the President of the Senate and one appointed by the Speaker of the House; and

(iii) two individuals from local health departments that are implementing violence prevention strategies, one appointed by the President of the Senate and one appointed by the Speaker of the House.

(c) In making appointments under subsection (b)(6) of this section, the President of the Senate and the Speaker of the House shall ensure the inclusion of members from multiple cities and counties affected by violence.

(d) The Council shall:

(1) advise the Executive Director on:

(i) the allocation of funds for the evaluation of the efficacy of evidence–based health programs or evidence–informed health programs in accordance with § 4–907 of this subtitle; and

(ii) the distribution of funding awards;

(2) provide input to the Executive Director on the administration of the Fund;

(3) assist the Executive Director in establishing procedures for local governments and nonprofit organizations to apply for funding;

(4) assist the Executive Director in establishing procedures for the distribution of funding;

(5) create guidelines for funding eligibility;

(6) review and publish reports regarding the efficacy of nonsuppression–based violence intervention and prevention programs;

(7) advise the Governor and the Executive Director on the implementation of gun violence prevention programs in the State;

(8) advise the Executive Director on public outreach and communications regarding the Fund; and

(9) be governed by a majority vote.

(e) A member of the Council:

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

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

§ 4-904

(a) The Executive Director shall:

(1) in accordance with subsection (b) of this section and in consultation with the Council, establish procedures for local governments and nonprofit organizations to use in applying for money from the Fund; and

(2) at least 60 days before the application becomes available to local governments and nonprofit organizations, post a notice of the application’s availability on a publicly accessible website.

(b) An application shall require a local government or nonprofit organization to provide, at a minimum:

(1) clearly defined and measureable objectives;

(2) evidence that the proposed evidence–based health programs or evidence–informed health programs would likely reduce gun violence;

(3) a description of how the local government or nonprofit organization proposes to use the funding to reduce rates of gun violence by:

(i) establishing or enhancing evidence–based health programs or evidence–informed health programs; and

(ii) enhancing coordination of existing violence intervention and prevention programs, if any, to minimize duplication of services; and

(4) a plan for the collection of relevant data.

§ 4-905

(a) The Executive Director shall:

(1) in accordance with subsection (b) of this section and in consultation with the Council, establish procedures for the distribution of money from the Fund; and

(2) forward all applications to the Council for review and comment at least 30 days before decisions regarding the distribution of funding awards.

(b) (1) Funding awards shall be made to local governments and nonprofit organizations for a minimum duration of 3 consecutive fiscal years.

(2) Preference shall be given to local governments or nonprofit organizations:

(i) that serve an area disproportionately affected by violence, as determined by the Council;

(ii) whose grant proposals demonstrate the greatest likelihood of reducing gun violence in their communities; and

(iii) that serve a population identified as having the highest risk of perpetrating or being victimized by violence in the near future.

(1) the levels of gun violence in the jurisdiction served by the local government or nonprofit organization; and

(2) the strength of the local government or nonprofit organization’s application.

§ 4-906

(a) A local government or nonprofit organization that receives funding under this subtitle shall:

(1) except as provided in subsection (b) of this section, provide a cash or in–kind match equivalent to 33% of the amount awarded; and

(2) use the award to supplement and not supplant funding that would otherwise be available to implement evidence–based health programs or evidence–informed health programs.

(b) The matching fund requirement under subsection (a)(1) of this section shall be waived if the local government or nonprofit organization can demonstrate good cause, as determined by the Executive Director.

(c) In addition to any other reporting requirements from the Governor’s Office of Crime Prevention and Policy, grantees shall submit a report at the end of each grant cycle that shall:

(1) include the following information:

(i) data collected during the duration of the award;

(ii) a discussion of any collaborative efforts between the local government or nonprofit organization, a community–based organization, and any other entity in furtherance of the objectives of the award; and

(iii) an analysis of the progress made in achieving the objectives of the award; and

(2) be posted to the Governor’s Office of Crime Prevention and Policy’s website.

§ 4-907

(a) The Executive Director shall, in consultation with the Council:

(1) order an ongoing evaluation of the efficacy of each evidence–based health program or evidence–informed health program that receives funding under this subtitle; and

(2) retain a sufficient number of independent, third–party evaluators to maintain compliance with this section.

(b) Evaluations required under this section shall be:

(1) grouped by similar program models, as determined by the Council;

(2) conducted by independent, third–party evaluators; and

(3) ongoing for the 3–year grant period.

(c) An evaluation of an evidence–based health program or evidence–informed health program that receives funding under this subtitle may be conducted only by an evaluator with specialized expertise in the specific model that the evaluator is assigned to evaluate.

(d) The results of an evaluation ordered under subsection (a) of this section shall be posted to the Governor’s Office of Crime Prevention and Policy’s website.

Subtitle 10

§ 4-1001

(a) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $425,000 for Baltimore City to be used as an operating grant for the Law Enforcement Assisted Diversion Program in Baltimore City.

(b) The funds required to be included in the annual budget bill under subsection (a) of this section shall be used solely to supplement, and not supplant, funds otherwise available for the Law Enforcement Assisted Diversion Program in Baltimore City.

§ 4-1002

(a) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $360,000 for Baltimore City to be used by the Baltimore City State’s Attorney’s Office for the relocation of victims and witnesses of crime.

(b) The funds required to be included in the annual budget bill under subsection (a) of this section shall be used solely to supplement, and not supplant, funds otherwise available for the relocation of victims and witnesses of crime in Baltimore City.

§ 4-1003

(a) In this section, “Department” means the Department of State Police.

(b) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $466,600 for the Department, in coordination with the Attorney General, to form a designated unit of law enforcement officers who are selected, trained, and equipped to work as a team to investigate:

(1) firearm trafficking;

(2) straw purchases as defined in § 5–101 of this article;

(3) the movement of illegal firearms; and

(4) any offense related to an offense in items (1) through (3) of this subsection that may exceed the capabilities of other investigating units within the Department.

(c) The funds required to be included in the annual budget bill under subsection (b) of this section shall be used solely to supplement, and not supplant, funds otherwise available to the Department or the Attorney General.

§ 4-1004

(a) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $300,000 for the Baltimore Chesapeake Bay Outward Bound School in Baltimore City.

(b) The funds required to be included in the annual budget bill under subsection (a) of this section shall be used solely to supplement, and not supplant, funds otherwise available for the Baltimore Chesapeake Bay Outward Bound School in Baltimore City.

§ 4-1005

(a) In this section, “strategic decision support center” means a facility that is equipped with technology and systems that function as intelligence centers for law enforcement and enable functions including data integration, the study of crime trends, and the development of predictive and technology–based approaches in detecting and investigating criminal activity.

(b) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $100,000 for Baltimore City to be used to support strategic decision support centers in the Eastern District and Western District of Baltimore City.

§ 4-1007

(a) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $475,000 for Prince George’s County to be used by the Chief of Police for a criminal apprehension and suppression initiative focused on reducing violent crime.

(b) The funds required to be included in the annual budget bill under subsection (a) of this section shall be used solely to supplement, and not supplant, funds otherwise available for a criminal apprehension and suppression initiative focused on reducing violent crime in Prince George’s County.

§ 4-1008

A local government or nonprofit entity that receives funding under this subtitle:

(1) may use the funding only in accordance with the provisions of this subtitle; and

(2) shall comply with any data sharing and reporting requirements established by the Executive Director of the Governor’s Office of Crime Prevention and Policy under § 4–1009 of this subtitle as a condition of receiving funding.

§ 4-1009

(a) In this section, “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(b) The Executive Director shall establish outcome–based performance measures to track the performance of any activity or program supported by funds received under this subtitle.

(c) (1) On or before October 1, 2020, and every October 1 thereafter, the Governor’s Office of Crime Prevention and Policy shall place on its website in an easily accessible location a filterable data display showing all data collected under this subtitle pertaining to outcome–based performance measures under this section for the previous fiscal year.

(2) The Governor’s Office of Crime Prevention and Policy shall notify annually in writing the Governor and the Legislative Policy Committee, in accordance with § 2–1257 of the State Government Article, when the filterable data display has been updated under paragraph (1) of this subsection.

(3) The Executive Director shall adopt regulations to carry out this section.

§ 4-1010

Beginning in fiscal year 2023, the Governor shall appropriate at least $2,000,000 in the annual budget bill for a grant to Roca Baltimore, LLC.

§ 4-1011

IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 364 OF 2021 //

(a) In this section, “local law enforcement agency” means:

(1) a police department of a county or municipal corporation in the State; or

(2) the office of the sheriff that provides a law enforcement function in a county or municipal corporation in the State.

(b) (1) For fiscal 2024, the Governor shall include in the annual budget bill an appropriation of $2,000,000 for local law enforcement agencies to be used as grants for warrant apprehension efforts.

(2) For fiscal years 2025 and 2026, the Governor shall include in the annual budget bill an appropriation of $1,000,000 for local law enforcement agencies to be used as grants to warrant apprehension efforts.

(c) (1) The Governor’s Office of Crime Prevention and Policy shall administer the grant funds in accordance with § 4–1008 of this subtitle.

(2) Local law enforcement agencies may use the grant funds for the following purposes:

(i) to reduce warrants in the agency’s jurisdiction;

(ii) to increase coordination and cooperation between local law enforcement and State and federal agencies regarding outstanding warrants; and

(iii) to reduce the number of outstanding warrants related to violent crimes.

(d) The funds required to be included in the annual budget bill under subsection (b) of this section shall be used solely to supplement, and not supplant, funds otherwise available to local law enforcement agencies for warrant apprehension efforts.

(e) An eligible local law enforcement agency that receives a grant under subsection (b) of this section shall submit for each fiscal year the following to the Executive Director:

(1) proof of the expenditure of the grant funds and the purposes for which the funds were expended;

(2) total warrants in each county by type of warrant and related offense;

(3) total number of warrants reduced and suspects apprehended, delineated by offense; and

(4) any related outcome–based performance measures as required by § 4–1009 of this subtitle.

§ 4-1012

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

(2) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(3) “Fund” means the Officer and Community Wellness Training Grant Fund.

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

(b) There is an Officer and Community Wellness Training Grant Fund.

(1) Mental Health First Aid for Public Safety training; and

(2) Critical Incident Stress Management peer support training.

(d) The Governor’s Office of Crime Prevention and Policy shall administer the Fund.

(e) For fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation for the Fund.

(f) The Fund consists of:

(1) money appropriated in the State budget to the Fund; and

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

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

(2) The State Treasurer shall hold the Fund separately and the Comptroller, in conjunction with the Executive Director, shall account for the Fund.

(h) Money disbursed from the Fund shall be used solely to supplement, and not supplant, funds otherwise available to local law enforcement agencies.

(i) Within 90 days after the end of a grant cycle, an eligible local law enforcement agency that received a grant under this section shall submit, for the fiscal year, to the Executive Director the following:

(1) proof of the expenditure of the grant funds and the purposes for which the funds were expended;

(2) the total number of grants awarded and amount per police officer;

(3) the total number of grants awarded separated by training program; and

(4) any related outcome–based performance measures as required by § 4–1009 of this subtitle.

(j) On or before December 31, 2023, and on or before each December 31 thereafter, the Executive Director shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the information required by this section.

§ 4-1013

IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 892 OF 2024 //

(a) In this section, “qualifying nonprofit organization” means an organization that:

(1) provides training and reentry assistance for incarcerated and formerly incarcerated individuals;

(2) provides training for at least 50 incarcerated or formerly incarcerated individuals per year in automotive repair;

(3) is able to provide an automotive repair certificate from a nationally recognized automotive repair organization to eligible participants; and

(4) demonstrates a minimum of a 50% employment placement rate for eligible participants in a paid automotive repair job.

(b) For fiscal years 2026 through 2028, each year the Governor may include in the annual budget bill an appropriation of $1,000,000 to be used solely as an operating grant to qualifying nonprofit organizations for the purpose of providing training to formerly incarcerated individuals in automotive repair.

(c) The Governor’s Office of Crime Prevention, Youth, and Victim Services shall administer the grant funds to qualifying nonprofit organizations in accordance with § 4–1008 of this subtitle.

(d) A qualifying nonprofit organization that receives a grant under this section shall submit for each fiscal year the following to the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services:

(1) proof of the expenditure of the grant funds and the purposes for which the funds were expended;

(2) the total number of incarcerated and formerly incarcerated individuals who received services; and

(3) any related outcome–based performance measures.

Subtitle 11

§ 4-1101

IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 364 of 2021 //

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

(b) “Eligible county” means:

(1) a county that does not provide defendants with pretrial services; or

(2) a county that does provide defendants with pretrial services, but seeks to improve the pretrial services to comply with § 4–1104 of this subtitle.

(d) “Fund” means the Pretrial Services Program Grant Fund.

(e) “Pretrial risk scoring instrument validation” means an independent validation study of a pretrial risk scoring tool under § 5–103 of the Criminal Procedure Article.

(f) “Pretrial services program” means a program established in accordance with § 4–1104 of this subtitle.

§ 4-1102

IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 364 OF 2021 //

(a) There is a Pretrial Services Program Grant Fund.

(b) The purpose of the Fund is to provide grants to eligible counties to:

(1) establish pretrial services programs;

(2) improve existing pretrial services programs to comply with § 4–1104 of this subtitle; or

(3) conduct pretrial risk scoring instrument validations in compliance with § 5–103 of the Criminal Procedure Article.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 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 in conjunction with the Executive Director.

(e) The Fund consists of:

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

(2) interest earnings of the Fund; and

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

(f) The Fund may be used only to provide grants to eligible counties to establish or improve pretrial services programs.

(g) (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.

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

(i) The accounts and transactions of the Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.

§ 4-1103

IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 364 OF 2021 //

(a) The Executive Director shall:

(1) establish procedures for eligible counties to apply for and receive grants from the Fund; and

(2) solicit grant proposals from eligible counties.

(b) An eligible county that applies for a grant from the Fund shall provide the Executive Director with:

(1) a description of how:

(i) the proposed pretrial services program or proposed pretrial services program improvements will meet the requirements of § 4–1104 of this subtitle; or

(ii) the pretrial services program for which the pretrial risk scoring instrument validation is proposed meets the requirements of § 4–1104 of this subtitle; and

(2) any other information that the Executive Director considers necessary.

(c) The Executive Director shall make grants from the Fund to eligible counties for the establishment or improvement of a pretrial services program in accordance with § 4–1104 of this subtitle.

(d) An eligible county that receives a grant from the Fund shall submit to the Executive Director proof of the expenditure of the grant funds.

(e) Money distributed under this subtitle shall be used to supplement and not supplant any other funding for the establishment or improvement of a pretrial services program.

§ 4-1104

IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 364 OF 2021 //

(a) A pretrial services program established, improved, or for which a pretrial risk scoring instrument validation is conducted using a grant distributed in accordance with § 4–1103 of this subtitle shall:

(1) use a validated, evidence–based, race–neutral risk scoring instrument that is consistent with the Maryland Rules to make recommendations to a judicial officer to determine whether a defendant:

(i) is eligible for release:

1. on personal recognizance; or

2. with appropriate pretrial supervision; or

(ii) should be held without bail;

(2) apply best practices shown to be effective in other jurisdictions; and

(3) incorporate multiple levels of supervision based on defendant risk scores with features that include:

(i) cellular telephone reminders of a defendant’s hearing date;

(ii) drug and alcohol testing;

(iii) global positioning satellite monitoring, if applicable; and

(iv) substance abuse, mental health, or mediation referrals, if approved by the judicial officer and available in the eligible county.

(b) A pretrial services program that receives a grant under this subtitle may not charge a fee to any defendant for participation in the program.

Subtitle 12

§ 4-1201

(a) This subtitle applies only to each grant the Executive Director of the Governor’s Office of Crime Prevention and Policy makes to the Baltimore Police Department.

(b) The purpose of this subtitle is to ensure that grants from the Governor’s Office of Crime Prevention and Policy to the Baltimore Police Department for community policing efforts are used for that purpose.

(c) (1) In fiscal year 2019, the Baltimore Police Department shall prepare a half–year report on the expenditure of grants received from the Governor’s Office of Crime Prevention and Policy.

(2) In fiscal year 2020 and in each subsequent fiscal year, the Baltimore Police Department shall prepare an annual report on the expenditure of grants received from the Governor’s Office of Crime Prevention and Policy.

(d) The report required under subsection (c) of this section shall include:

(1) the intended use of each grant from the Governor’s Office of Crime Prevention and Policy to the Baltimore Police Department; and

(2) the specific expenditures made by the Baltimore Police Department with any monetary grants received from the Governor’s Office of Crime Prevention and Policy.

(e) On or before December 31 each year, the Baltimore Police Department shall submit the report required under subsection (c) of this section to the Baltimore City Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article.

Subtitle 13

§ 4-1301

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

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(d) “Student peer mediation program” means a program that trains students in conflict resolution.

§ 4-1302

(a) There is a Student Peer Mediation Program Fund.

(b) The purpose of the Fund is to provide grant assistance to schools and community–based organizations in Baltimore City to establish student peer mediation programs to reduce juvenile violence.

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

(2) The State Treasurer shall hold the Fund separately and the Comptroller, in conjunction with the Executive Director, shall account for the Fund.

(e) (1) The Fund consists of:

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

(ii) investment earnings of the Fund; and

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

(2) The Governor annually shall appropriate at least $50,000 for the Fund.

(f) The Fund may be used only to provide grant assistance to schools and community–based organizations in Baltimore City to establish student peer mediation programs to reduce juvenile violence.

(g) (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.

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

(i) The accounts and transactions of the Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.

§ 4-1303

(a) (1) The Executive Director shall establish procedures for schools and community–based organizations in Baltimore City to apply for grants from the Fund.

(2) A school or a community–based organization that applies for a grant from the Fund shall provide the Executive Director with:

(i) a plan that details how the proposed program will train students in conflict resolution techniques; and

(ii) any information the Executive Director deems necessary.

(b) The Executive Director shall make grants from the Fund to schools and community–based organizations in Baltimore City.

(c) Money disbursed from the Fund shall be used to supplement, and not supplant, any other funding that would otherwise be available to schools and community–based organizations in Baltimore City.

Subtitle 14

§ 4-1401

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

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(d) “Local law enforcement agency” means a police department of a county or municipality.

(e) “Offender” has the meaning indicated in § 6–101 of the Correctional Services Article.

§ 4-1402

(a) There is a Markell Hendricks Youth Crime Prevention and Diversion Parole Fund.

(b) The purpose of the Fund is to provide grant assistance to local law enforcement agencies to administer:

(1) a diversion program under § 3–8A–10(m)(2) of the Courts Article; or

(2) a youth engagement program or event in a high–crime area.

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

(2) The State Treasurer shall hold the Fund separately and the Comptroller, in conjunction with the Executive Director, shall account for the Fund.

(e) (1) The Fund consists of:

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

(ii) investment earnings of the Fund; and

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

(2) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of at least $50,000 for the Fund.

(f) The Fund may be used only to provide grants to local law enforcement agencies for the purposes established under subsection (b) of this section.

(g) (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.

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

(i) The accounts and transactions of the Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.

§ 4-1403

(a) (1) The Executive Director shall establish procedures for local law enforcement agencies to apply for grants from the Fund.

(2) A local law enforcement agency that applies for a grant from the Fund shall provide the Executive Director with any information the Executive Director deems necessary.

(b) The Executive Director shall make grants from the Fund to local law enforcement agencies with priority given to those jurisdictions with the highest number of offenders.

(c) Money disbursed from the Fund shall be used to supplement, and not supplant, any other funding that would otherwise be available to local law enforcement agencies.

Subtitle 15

§ 4-1501

(a) The P.R.O.T.E.C.T. (Public Resources Organizing to End Crime Together) Program is established to maximize the use of State, local, and community resources to combat neighborhood decline in the City of Baltimore and throughout the State, support comprehensive strategies to reduce crime and fear in those communities, and ensure that Baltimore Police Department sworn officers are utilized in direct public safety roles.

(b) In this subtitle, “State law enforcement agencies” includes:

(1) the Maryland State Police;

(2) the Maryland Transportation Authority Police;

(3) the Maryland Department of General Services Police; and

(4) the Maryland Capitol Police.

(c) The Department of State Police, the Division of Parole and Probation within the Department of Public Safety and Correctional Services, and the Department of Juvenile Services shall establish and operate a warrant apprehension task force partnership.

(d) The Baltimore Police Department, the Department of Juvenile Services, and the Division of Parole and Probation shall establish and operate collaborative district officer supervision teams that provide intensive supervision, including increased home visits, of adult and juvenile violent offenders.

(e) (1) The State and Baltimore City may enter into a memorandum of understanding to give State law enforcement agencies and the Baltimore Police Department concurrent jurisdiction over I–83 and I–295 in Baltimore City.

(2) A memorandum of understanding entered into under this subsection shall be reviewed annually and submitted, in accordance with § 2–1257 of the State Government Article, to the House Judiciary Committee, the Senate Judicial Proceedings Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee by December 31, 2020, and each December 31 thereafter.

(f) (1) The Baltimore Pretrial Complex shall be staffed by the Department of Public Safety and Correctional Services.

(2) Baltimore Police Department sworn officers may not be used to staff the Baltimore Pretrial Complex.

(g) State law enforcement agencies, the Baltimore Police Department, the Department of Juvenile Services, and the Department of Public Safety and Correctional Services:

(1) shall make diligent efforts to fully implement the requirements of this section as quickly as possible; and

(2) may adopt regulations necessary to implement the requirements of this section.

§ 4-1502

(a) The Governor’s Office of Crime Prevention and Policy shall:

(1) select 10 high–crime micro–zones within the State; and

(2) create, as a civilian position, an “End the Violence” P.R.O.T.E.C.T. Coordinator position for each high–crime micro–zone.

(b) An “End the Violence” P.R.O.T.E.C.T. Coordinator shall reside in the jurisdiction in which the high–crime micro–zone is located.

(1) ensure utilization of all existing crime prevention programs and grants;

(2) coordinate community and youth programs;

(3) assist with community mobilization and activities to reclaim public space;

(4) assist with rapid response to public nuisances; and

(5) coordinate community engagement with the local law enforcement agency with jurisdiction in the high–crime micro–zone.

§ 4-1503

For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation:

(1) sufficient to fully fund the requirements of § 4–1501 of this subtitle; and

(2) of at least $500,000 in addition to the funding required under item (1) of this section to be used by the Governor’s Office of Crime Prevention and Policy to hire and manage “End the Violence” P.R.O.T.E.C.T. Coordinators established under § 4–1502 of this subtitle.

Subtitle 16

§ 4-1601

(a) In this subtitle, “Fund” means the Protecting Against Hate Crimes Grant Fund.

(b) There is a Protecting Against Hate Crimes Grant Fund.

(c) The purpose of the Fund is to make grants to nonprofit organizations, including faith–based organizations, to provide security enhancements to protect against hate crimes.

(d) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall:

(1) administer the Fund;

(2) establish and publish procedures for the distribution of grants to nonprofit organizations, including faith–based organizations;

(3) set aside a minimum of $1,000,000 each year for grants to faith–based organizations to increase security measures against faith–based hate crimes, with priority given to applicants that can demonstrate a high prevalence of hate crimes against members of and institutions representing the applicant’s faith; and

(4) submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, a report on the distribution of funding before September 1 each year.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 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) money appropriated in the State budget to the Fund;

(2) any interest earnings of the Fund; and

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

(g) The Fund may be used only to make grants to nonprofit organizations, including faith–based organizations, to provide security enhancements to protect against hate crimes.

(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, including interest earnings under subsection (f) of this section, shall be credited to the Fund.

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

(j) Money expended from the Fund for grants to nonprofit organizations, including faith–based organizations, to provide security enhancements to protect against hate crimes is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for providing nonprofit organizations, including faith–based organizations, with security enhancements to protect against hate crimes.

(k) For fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $5,000,000 to the Fund.

Subtitle 17

§ 4-1701

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

(b) “Community organization” means a neighborhood association recognized by the political subdivision in which it is located.

§ 4-1702

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

(2) “Entertainment district” means a one–half square mile area in the State in which one of the following is present:

(i) a high density of establishments licensed to serve alcoholic beverages for on–site consumption;

(ii) a high density of establishments that are hookah bars; or

(iii) a high density of establishments that regularly host live entertainment for their patrons or members of the public.

(3) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(b) There is a Maryland Entertainment District Security Grant Program.

(c) The purpose of the Program is to assist community organizations, nonprofit entities, and local governments to fund security operations during times of high pedestrian traffic in entertainment districts from which a higher than average number of calls for police assistance in response to reported crime are placed.

(d) The Executive Director shall establish:

(1) an application process for community organizations and nonprofit entities located in entertainment districts, and local governments with entertainment districts located within the jurisdiction, to apply for grant funding from the Program;

(2) eligibility criteria for selecting recipients for grant funding from the Program; and

(3) minimum criteria for an entertainment district for the purpose of determining eligibility for grant funding from the Program, including:

(i) the density of establishments licensed to serve alcohol for on–site consumption, hookah bars, or establishments that regularly host live entertainment for their patrons or members of the public;

(ii) the amount of pedestrian traffic; and

(iii) the number of calls for police assistance in response to reported crimes.

§ 4-1703

(a) In this section, “Fund” means the Maryland Entertainment District Security Grant Program Fund.

(b) There is a Maryland Entertainment District Security Grant Program Fund.

(d) The Governor’s Office of Crime Prevention and Policy shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 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) (1) The Fund consists of:

(i) money appropriated in the State budget to the Fund; and

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

(2) Beginning in fiscal year 2026 and each fiscal year thereafter, the Governor may annually appropriate up to $1,000,000 to the Fund.

(g) The Fund may be used only:

(1) to fund grants to community organizations, nonprofit entities, and local governments through the Program; and

(2) for costs to administer the Fund.

(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 General Fund of the State.

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

(j) Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program.

Title 5

Subtitle 1

§ 5-101

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

(b) “Antique firearm” has the meaning stated in § 4–201 of the Criminal Law Article.

(b–1) (1) “Convicted of a disqualifying crime” includes:

(i) a case in which a person received probation before judgment for a crime of violence; and

(ii) a case in which a person received probation before judgment in a domestically related crime as defined in § 6–233 of the Criminal Procedure Article.

(2) “Convicted of a disqualifying crime” does not include a case in which a person received a probation before judgment:

(i) for assault in the second degree, unless the crime was a domestically related crime as defined in § 6–233 of the Criminal Procedure Article; or

(ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, § 386 of the Code;

(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) home invasion under § 6–202(b) of the Criminal Law Article;

(17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;

(18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or

(19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.

(d) “Dealer” means a person who is engaged in the business of:

(1) selling, renting, or transferring firearms at wholesale or retail; or

(2) repairing firearms.

(e) “Dealer’s license” means a State regulated firearms dealer’s license.

(f) “Designated law enforcement agency” means a law enforcement agency that the Secretary designates to process applications to purchase regulated firearms for secondary sales.

(g) “Disqualifying crime” means:

(1) a crime of violence;

(2) a violation classified as a felony in the State; or

(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

(h) (1) “Firearm” means:

(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive;

(ii) the frame or receiver of such a weapon; or

(iii) an unfinished frame or receiver, as defined in § 5–701 of this title.

(2) “Firearm” includes a starter gun.

(i) “Firearm applicant” means a person who makes a firearm application.

(j) “Firearm application” means an application to purchase, rent, or transfer a regulated firearm.

(k) “Fugitive from justice” means a person who has fled to avoid prosecution or giving testimony in a criminal proceeding.

(l) “Habitual drunkard” means a person who has been found guilty of any three crimes under § 21–902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year.

(m) “Habitual user” means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years.

(n) (1) “Handgun” means a firearm with a barrel less than 16 inches in length.

(2) “Handgun” includes signal, starter, and blank pistols.

(o) “Handgun qualification license” means a license issued by the Secretary that authorizes a person to purchase, rent, or receive a handgun.

(p) “Licensee” means a person who holds a dealer’s license.

(q) “Qualified handgun instructor” means a certified firearms instructor who:

(1) is recognized by the Maryland Police and Correctional Training commissions;

(2) has a qualified handgun instructor license issued by the Secretary; or

(3) has a certification issued by a nationally recognized firearms organization.

(r) “Regulated firearm” means:

(1) a handgun; or

(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon:

(i) American Arms Spectre da Semiautomatic carbine;

(ii) AK–47 in all forms;

(iii) Algimec AGM–1 type semi–auto;

(iv) AR 100 type semi–auto;

(v) AR 180 type semi–auto;

(vi) Argentine L.S.R. semi–auto;

(vii) Australian Automatic Arms SAR type semi–auto;

(viii) Auto–Ordnance Thompson M1 and 1927 semi–automatics;

(ix) Barrett light .50 cal. semi–auto;

(x) Beretta AR70 type semi–auto;

(xi) Bushmaster semi–auto rifle;

(xii) Calico models M–100 and M–900;

(xiii) CIS SR 88 type semi–auto;

(xiv) Claridge HI TEC C–9 carbines;

(xv) Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle;

(xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K–1, and K–2;

(xvii) Dragunov Chinese made semi–auto;

(xviii) Famas semi–auto (.223 caliber);

(xix) Feather AT–9 semi–auto;

(xx) FN LAR and FN FAL assault rifle;

(xxi) FNC semi–auto type carbine;

(xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun;

(xxiii) Steyr–AUG–SA semi–auto;

(xxiv) Galil models AR and ARM semi–auto;

(xxv) Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3;

(xxvi) Holmes model 88 shotgun;

(xxvii) Avtomat Kalashnikov semiautomatic rifle in any format;

(xxviii) Manchester Arms “Commando” MK–45, MK–9;

(xxix) Mandell TAC–1 semi–auto carbine;

(xxx) Mossberg model 500 Bullpup assault shotgun;

(xxxi) Sterling Mark 6;

(xxxii) P.A.W.S. carbine;

(xxxiii) Ruger mini–14 folding stock model (.223 caliber);

(xxxiv) SIG 550/551 assault rifle (.223 caliber);

(xxxv) SKS with detachable magazine;

(xxxvi) AP–74 Commando type semi–auto;

(xxxvii) Springfield Armory BM–59, SAR–48, G3, SAR–3, M–21 sniper rifle, M1A, excluding the M1 Garand;

(xxxviii) Street sweeper assault type shotgun;

(xxxix) Striker 12 assault shotgun in all formats;

(xl) Unique F11 semi–auto type;

(xli) Daewoo USAS 12 semi–auto shotgun;

(xlii) UZI 9mm carbine or rifle;

(xliii) Valmet M–76 and M–78 semi–auto;

(xliv) Weaver Arms “Nighthawk” semi–auto carbine; or

(xlv) Wilkinson Arms 9mm semi–auto “Terry”.

(s) “Rent” means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.

(t) “Secondary sale” means a sale of a regulated firearm in which neither party to the sale:

(1) is a licensee;

(2) is licensed by the federal government as a firearms dealer;

(3) devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase and resale of firearms; or

(4) repairs firearms as a regular course of trade or business.

(u) “Secretary” means the Secretary of State Police or the Secretary’s designee.

(v) “Straw purchase” means a sale of a regulated firearm in which a person uses another, known as the straw purchaser, to:

(1) complete the application to purchase a regulated firearm;

(2) take initial possession of the regulated firearm; and

(3) subsequently transfer the regulated firearm to the person.

§ 5-102

This subtitle does not apply to:

(1) the transfer or possession of a regulated firearm or detachable magazine:

(i) for testing or experimentation authorized by the Secretary; and

(ii) by a federally licensed gun manufacturer, dealer, or importer;

(2) the sale, transfer, or possession of an antique firearm;

(3) an unserviceable firearm sold, transferred, or possessed as a curio or museum piece;

(4) law enforcement personnel of any unit of the federal government, members of the armed forces or the National Guard, or law enforcement personnel of the State or any local agency in the State, while those personnel or members are acting within the scope of their official duties;

(5) a regulated firearm modified to render it permanently inoperative;

(6) purchases, sales, and transportation to or by a federally licensed gun manufacturer, dealer, or importer;

(7) an organization that is required or authorized by federal law governing its specific business or activity to maintain firearms;

(8) the receipt of a regulated firearm by inheritance, if the heir forwards to the Secretary a completed application to purchase or transfer that regulated firearm; or

(9) a signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.

§ 5-103

This subtitle does not affect:

(1) a sale or transfer for bona fide resale of a regulated firearm in the ordinary course of business of a licensee; or

(2) a sale, rental, transfer, or the use of a regulated firearm by a person authorized or required to do so as part of the person’s duties as a member of:

(i) an official police force or other law enforcement agency;

(ii) the armed forces, including all official reserve organizations; or

(iii) the Maryland National Guard.

§ 5-104

This subtitle supersedes any restriction that a local jurisdiction in the State imposes on a sale of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm.

§ 5-105

The Secretary shall adopt regulations to carry out this subtitle.

§ 5-106

(a) A person must lawfully possess a dealer’s license issued by the Secretary before the person engages in the business of selling, renting, or transferring regulated firearms.

(b) One dealer’s license is required for each place of business where regulated firearms are sold.

§ 5-107

(a) (1) An applicant for a dealer’s license shall:

(i) submit to the Secretary an application on the form that the Secretary provides; and

(ii) pay to the Secretary an application fee of $50, payable to the Comptroller.

(2) A refund or proration of the application fee is prohibited.

(b) An application for a dealer’s license shall contain:

(1) the applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, and signature;

(2) a clear and recognizable photograph of the applicant, unless the photograph has been submitted with a prior year’s application;

(3) a set of the applicant’s fingerprints, unless the fingerprints have been submitted with a prior year’s application; and

(4) a statement by the applicant that the applicant:

(i) is a citizen of the United States;

(ii) is at least 21 years old;

(iii) has never been convicted of a disqualifying crime;

(iv) has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(v) is not a fugitive from justice;

(vi) is not a habitual drunkard;

(vii) is not addicted to a controlled dangerous substance or is not a habitual user; and

(viii) has never spent more than 30 consecutive days in a medical institution for treatment of a mental disorder, unless a physician’s certificate issued within 30 days before the date of application is attached to the application, certifying that the applicant is capable of possessing a regulated firearm without undue danger to the applicant or to another.

(c) Each application for a dealer’s license shall contain the following statement: “Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000 or both.”.

(d) If an applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the application.

§ 5-108

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a dealer’s license.

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

(1) two complete sets of the applicant’s 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 § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

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

(d) In accordance with §§ 10-201 through 10-234 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 record information.

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

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

(2) shall be used only for the licensing purpose authorized by this section.

(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 § 10-223 of the Criminal Procedure Article.

§ 5-109

The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied and the statements made in an application for a dealer’s license.

§ 5-110

(a) The Secretary shall disapprove an application for a dealer’s license if:

(1) the Secretary determines that the applicant supplied false information or made a false statement;

(2) the Secretary determines that the application is not properly completed;

(3) the Secretary receives a written notification from the applicant’s licensed attending physician that the applicant suffers from a mental disorder and is a danger to the applicant or to another; or

(4) the Secretary determines that the applicant intends that a person who is not eligible to be issued a dealer’s license or whose dealer’s license has been revoked or suspended:

(i) will participate in the management or operation of the business for which the license is sought; or

(ii) holds a legal or equitable interest in the business for which the license is sought.

(b) If the Secretary disapproves an application for a dealer’s license, the Secretary shall notify the applicant in writing of:

(1) the disapproval of the application; and

(2) the reason the application was denied.

(c) A person whose application for a dealer’s license has been disapproved may not engage in the business of selling, renting, or transferring regulated firearms, unless the disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with subsection (d) of this section.

(d) (1) An applicant who is aggrieved because the Secretary has disapproved the application for a dealer’s license may appeal to the circuit court of the county where the applicant’s place of business is to be located.

(2) The appeal must be filed not later than 30 days after the Secretary mails notification of disapproval to the applicant.

(3) If the appeal is properly and timely filed, the court shall affirm or reverse the disapproval of the Secretary depending on whether the court finds that:

(i) the applicant supplied false information or made a false statement; or

(ii) the application was not properly completed.

(4) The Secretary or the applicant may appeal the decision of the circuit court to the Court of Special Appeals.

§ 5-111

(a) Unless a dealer’s license is renewed for a 1-year term as provided in this section, a dealer’s license expires on the first June 30 after its effective date.

(b) (1) Before a dealer’s license expires, the licensee periodically may renew it for an additional 1-year term, if the licensee:

(i) is otherwise entitled to be licensed;

(ii) pays to the Secretary a renewal fee of $25, payable to the Comptroller; and

(iii) submits to the Secretary a renewal application on the form that the Secretary provides.

(2) A refund or proration of the renewal fee is prohibited.

§ 5-112

(a) A dealer’s license is not transferable.

(b) Before moving a place of business, a licensee shall inform the Secretary and surrender the dealer’s license.

(c) If a cause to revoke the dealer’s license does not exist, the Secretary shall issue a new dealer’s license without charge covering the new place of business for the rest of the term of the surrendered dealer’s license.

§ 5-113

(a) A licensee shall display conspicuously the dealer’s license and any other license required by law at the licensee’s place of business.

(b) The dealer’s license shall identify the licensee and the location of the licensee’s place of business.

§ 5-114

(a) (1) The Secretary shall suspend a dealer’s license if the licensee:

(i) is under indictment for a crime of violence;

(ii) is arrested for a violation of this subtitle that prohibits the purchase or possession of a regulated firearm;

(iii) is charged with a crime under Subtitle 7 of this title; or

(iv) is found in violation of a second offense under § 5–145.1 of this subtitle.

(2) (i) The Secretary may suspend a dealer’s license if the licensee is not in compliance with the record keeping and reporting requirements of § 5–145 of this subtitle.

(ii) The Secretary may lift a suspension under this paragraph after the licensee provides evidence that the record keeping violation has been corrected.

(b) The Secretary shall revoke a dealer’s license if:

(1) it is discovered that false information has been supplied or false statements have been made in an application required by this subtitle; or

(2) the licensee:

(i) is convicted of a disqualifying crime;

(ii) is convicted of a violation classified as a common law crime and receives a term of imprisonment of more than 2 years;

(iii) is a fugitive from justice;

(iv) is a habitual drunkard;

(v) is addicted to a controlled dangerous substance or is a habitual user;

(vi) has spent more than 30 consecutive days in a medical institution for treatment of a mental disorder, unless the licensee produces a physician’s certificate, issued after the last institutionalization and certifying that the licensee is capable of possessing a regulated firearm without undue danger to the licensee or to another;

(vii) has knowingly or willfully manufactured, offered to sell, or sold a handgun not on the handgun roster in violation of § 5–406 of this title;

(viii) has knowingly or willfully participated in a straw purchase of a regulated firearm;

(ix) is convicted of a crime under Subtitle 7 of this title; or

(x) is found in violation of a third or subsequent offense under § 5–145.1 of this subtitle.

(c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall notify the licensee in writing of the suspension or revocation.

(d) A person whose dealer’s license is suspended or revoked may not engage in the business of selling, renting, or transferring regulated firearms, unless the suspension or revocation has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5–116 of this subtitle.

§ 5-115

(a) (1) A person whose dealer’s license is suspended or revoked or who is fined for a violation of this subtitle and who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the applicant under § 5–114(c) of this subtitle.

(2) The Secretary shall grant the hearing within 15 days after receiving the request.

(b) The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

§ 5-116

(a) A revocation may not take effect while an appeal is pending.

(b) Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

§ 5-117

A person must submit a firearm application in accordance with this subtitle before the person purchases, rents, or transfers a regulated firearm.

§ 5-117.1

(a) This section does not apply to:

(1) a licensed firearms manufacturer;

(2) a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;

(3) a member or retired member of the armed forces or the National Guard; or

(4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(b) A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

(1) (i) possesses a valid handgun qualification license issued to the person by the Secretary in accordance with this section;

(ii) possesses valid credentials from a law enforcement agency or retirement credentials from a law enforcement agency;

(iii) is an active or retired member of the armed forces or the National Guard and possesses a valid uniformed services identification card; or

(iv) is purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and

(2) is not otherwise prohibited from purchasing or possessing a handgun under State or federal law.

(d) Subject to subsections (f) and (g) of this section, the Secretary shall issue a handgun qualification license to a person who the Secretary finds:

(1) is at least 21 years old;

(2) is a resident of the State;

(3) except as provided in subsection (e) of this section, has demonstrated satisfactory completion, within 3 years prior to the submission of the application, of a firearms safety training course approved by the Secretary that includes:

(i) a minimum of 4 hours of instruction by a qualified handgun instructor;

(ii) classroom instruction on:

1. State firearm law;

2. home firearm safety; and

3. handgun mechanisms and operation; and

(iii) a firearms orientation component that demonstrates the person’s safe operation and handling of a firearm; and

(4) based on an investigation, is not prohibited by federal or State law from purchasing or possessing a handgun.

(e) An applicant for a handgun qualification license is not required to complete a firearms safety training course under subsection (d) of this section if the applicant:

(1) has completed a certified firearms training course approved by the Secretary;

(2) has completed a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10–301.1 of the Natural Resources Article;

(3) is a qualified handgun instructor;

(4) is an honorably discharged member of the armed forces of the United States or the National Guard;

(5) is an employee of an armored car company and has a permit issued under Title 5, Subtitle 3 of this article; or

(6) lawfully owns a regulated firearm.

(f) (1) In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(2) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a handgun qualification license.

(3) 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 § 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.

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

(5) In accordance with §§ 10–201 through 10–234 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.

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

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

(ii) shall be used only for the licensing purpose authorized by this section.

(7) 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 licensee’s State criminal history record.

(g) An applicant for a handgun qualification license shall submit to the Secretary:

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

(2) a nonrefundable application fee to cover the costs to administer the program of up to $50;

(3) (i) proof of satisfactory completion of:

1. a firearms safety training course approved by the Secretary; or

2. a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10–301.1 of the Natural Resources Article; or

(ii) a valid firearms instructor certification;

(4) any other identifying information or documentation required by the Secretary; and

(5) a statement made by the applicant under the penalty of perjury that the applicant is not prohibited under federal or State law from possessing a handgun.

(h) (1) Within 30 days after receiving a properly completed application, the Secretary shall issue to the applicant:

(i) a handgun qualification license if the applicant is approved; or

(ii) a written denial of the application that contains:

1. the reason the application was denied; and

2. a statement of the applicant’s appeal rights under subsection (l) of this section.

(2) (i) An individual whose fingerprints have been submitted to the Central Repository, and whose application has been denied, may request that the record of the fingerprints be expunged by obliteration.

(ii) Proceedings to expunge a record under this paragraph shall be conducted in accordance with § 10–105 of the Criminal Procedure Article.

(iii) On receipt of an order to expunge a fingerprint record, the Central Repository shall expunge by obliteration the fingerprints submitted as part of the application process.

(iv) An individual may not be charged a fee for the expungement of a fingerprint record in accordance with this paragraph.

(i) A handgun qualification license issued under this section expires 10 years from the date of issuance.

(j) (1) The handgun qualification license may be renewed for successive periods of 10 years each if, at the time of an application for renewal, the applicant:

(i) possesses the qualifications for the issuance of the handgun qualification license; and

(ii) submits a nonrefundable application fee to cover the costs to administer the program up to $20.

(2) An applicant renewing a handgun qualification license under this subsection is not required to:

(i) complete the firearms safety training course required in subsection (d)(3) of this section; or

(ii) submit to a State and national criminal history records check as required in subsection (f) of this section.

(k) (1) The Secretary may revoke a handgun qualification license issued or renewed under this section on a finding that the licensee no longer satisfies the qualifications set forth in subsection (d) of this section.

(2) A person holding a handgun qualification license that has been revoked by the Secretary shall return the license to the Secretary within 5 days after receipt of the notice of revocation.

(l) (1) A person whose original or renewal application for a handgun qualification license is denied or whose handgun qualification license is revoked, may submit a written request to the Secretary for a hearing within 30 days after the date the written notice of the denial or revocation was sent to the aggrieved person.

(2) A hearing under this section shall be granted by the Secretary within 15 days after the request.

(3) A hearing and any subsequent proceedings of judicial review under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(4) A hearing under this section shall be held in the county of the legal residence of the aggrieved person.

(m) (1) If an original or renewal handgun qualification license is lost or stolen, a person may submit a written request to the Secretary for a replacement license.

(2) Unless the applicant is otherwise disqualified, the Secretary shall issue a replacement handgun qualification license on receipt of a written request and a nonrefundable fee to cover the cost of replacement up to $20.

(n) The Secretary may adopt regulations to carry out the provisions of this section.

§ 5-118

(a) A firearm applicant shall:

(1) submit to a licensee or designated law enforcement agency a firearm application on the form that the Secretary provides; and

(2) pay to the licensee or designated law enforcement agency an application fee of $10.

(b) A firearm application shall contain:

(1) the firearm applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver’s or photographic identification soundex number, occupation, and regulated firearm information for each regulated firearm to be purchased, rented, or transferred;

(2) the date and time that the firearm applicant delivered the completed firearm application to the prospective seller or transferor;

(3) a statement by the firearm applicant under the penalty of perjury that the firearm applicant:

(i) is at least 21 years old;

(ii) has never been convicted of a disqualifying crime;

(iii) has never been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(iv) is not a fugitive from justice;

(v) is not a habitual drunkard;

(vi) is not addicted to a controlled dangerous substance or is not a habitual user;

(vii) does not suffer from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and have a history of violent behavior against the firearm applicant or another;

(viii) has never been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;

(ix) has never been found not criminally responsible under § 3–110 of the Criminal Procedure Article;

(x) has never been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(xi) has never been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;

(xii) is not under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;

(xiii) is not a respondent against whom:

1. a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

2. an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; and

(xiv) if under the age of 30 years at the time of application, has not been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult; and

(4) unless the applicant is excluded under § 5–117.1(a) of this subtitle, the applicant’s handgun qualification license number.

(c) Each firearm application shall contain the following statement: “Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.”.

(d) If the firearm applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the firearm application.

§ 5-120

(a) (1) On receipt of a firearm application, a licensee or designated law enforcement agency shall promptly forward one copy of it to the Secretary by electronic means approved by the Secretary.

(2) The copy of the firearm application forwarded to the Secretary shall contain the name, address, and signature of the prospective seller, lessor, or transferor.

(b) (1) The prospective seller, lessor, or transferor shall keep one copy of the firearm application for not less than 3 years.

(2) The firearm applicant is entitled to a copy of the firearm application.

(c) The licensee or designated law enforcement agency shall forward the $10 application fee with the firearm application to the Secretary.

§ 5-121

(a) On receipt of a firearm application, the Secretary shall conduct an investigation promptly to determine the truth or falsity of the information supplied and statements made in the firearm application.

(b) In conducting an investigation under this subsection, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in a county not maintaining a police force.

§ 5-122

(a) The Secretary shall disapprove a firearm application if:

(1) the Secretary determines that the firearm applicant supplied false information or made a false statement;

(2) the Secretary determines that the firearm application is not properly completed; or

(3) the Secretary receives written notification from the firearm applicant’s licensed attending physician that the firearm applicant suffers from a mental disorder and is a danger to the firearm applicant or to another.

(b) (1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.

(2) After notifying the prospective seller, lessor, or transferor under paragraph (1) of this subsection, the Secretary shall notify the prospective purchaser, lessee, or transferee in writing of the disapproval.

(3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.

§ 5-123

(a) A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.

(b) A licensee shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.

(c) (1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a licensee shall return the firearm application to the Secretary within 7 days.

(2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.

(d) (1) (i) A licensee who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.

(ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer’s serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.

(2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

§ 5-124

(a) (1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.

(2) As an alternative to completing a secondary sale of a regulated firearm through a licensee, a prospective seller, lessor, or transferor and a prospective purchaser, lessee, or transferee may complete the transaction through a designated law enforcement agency.

(b) A firearm applicant for a secondary sale of a regulated firearm through a licensee shall pay to the licensee a processing fee not exceeding $20.

(c) A person shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.

(d) (1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a person shall return the firearm application to the Secretary within 7 days.

(2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.

(e) (1) (i) A person who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.

(2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

§ 5-125

(a) An approved firearm application is valid only for the purchase, rental, or transfer of the regulated firearm listed in the firearm application.

(b) A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5-127 of this subtitle.

§ 5-126

(a) (1) A firearm applicant who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the firearm applicant under § 5-122 of this subtitle.

(2) The Secretary shall grant the hearing within 15 days after receiving the request.

(b) The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

§ 5-127

Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

§ 5-128

(a) Subsection (b) of this section does not apply to:

(1) a law enforcement agency;

(2) an agency authorized to perform law enforcement duties;

(3) a State or local correctional facility;

(4) a private security company licensed to do business in the State;

(5) the purchase of an antique firearm;

(6) a purchase by a licensee;

(7) the exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within 30 days immediately before the exchange or replacement; or

(8) a person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:

(i) the person provides the licensee with a copy of the official police report or an official summary of the report, a copy of which shall be attached to the firearm application;

(ii) the official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date when the loss or theft was reported to the law enforcement agency; and

(iii) the loss or theft occurred within 30 days before the person’s attempt to replace the regulated firearm, as reflected by the date of loss or theft on the official police report or official summary of the report.

(b) A person may not purchase more than one regulated firearm in a 30-day period.

(c) A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5-127 of this subtitle.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

§ 5-129

(a) Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:

(1) the person applies for and the Secretary approves a multiple purchase; and

(2) (i) the purchase of the regulated firearms is for a private collection or a collector series;

(ii) the purchase of the regulated firearms is a bulk purchase from an estate sale;

(iii) 1. the purchase of not more than two regulated firearms is a multiple purchase to take advantage of a licensee’s discounted price available only for a multiple purchase; and

2. the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved under item (i) or (ii) of this item; or

(iv) the purchase is for other purposes similar to items (i) through (iii) of this item.

(b) (1) The application for a multiple purchase shall:

(i) list the regulated firearms to be purchased;

(ii) state the purpose of the purchase of more than one regulated firearm in a 30-day period;

(iii) be witnessed by a licensee or designated law enforcement agency; and

(iv) be signed under the penalty of perjury by the firearm applicant.

(2) The application for a multiple purchase of regulated firearms shall be attached to a completed firearm application and forwarded to the Secretary by a licensee or designated law enforcement agency.

(c) On receipt of the firearm application and the application for a multiple purchase, the Secretary shall conduct a background investigation as required in § 5-121 of this subtitle.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

§ 5-130

(a) In this section, “gun show” means any organized gathering open to the public at which any firearm is displayed.

(b) Subsections (c) through (h) of this section do not apply to a licensee.

(c) A person must obtain a temporary transfer permit issued by the Secretary before the person displays a regulated firearm for sale or transfer from a table or fixed display at a gun show.

(d) (1) An applicant for a temporary transfer permit shall:

(i) submit to the Secretary an application on the form that the Secretary provides; and

(ii) pay to the Secretary a fee of $10 for each calendar year.

(2) Each additional temporary transfer permit during the same calendar year shall be issued without charge.

(e) The application for a temporary transfer permit shall contain any information that is necessary for the Secretary to conduct a computer background investigation.

(f) Each application for a temporary transfer permit shall contain the following statement: “Any false information supplied or statement made in this application is a crime which may be punished by imprisonment for a period of not more than 3 years or a fine not more than $5,000 or both.”.

(g) (1) The Secretary shall conduct an investigation to determine the truth or falsity of the information supplied and the statements made in the application for a temporary transfer permit.

(2) If there is no reason to disapprove the application for a temporary transfer permit, the Secretary shall issue the permit within 7 days after the date of application.

(3) The Secretary shall disapprove an application for a temporary transfer permit if the Secretary determines that:

(i) the applicant supplied false information or made a false statement; or

(ii) the application is not properly completed.

(4) If the Secretary disapproves an application for a temporary transfer permit, the Secretary shall notify the applicant in writing of the disapproval.

(h) (1) A temporary transfer permit shall be clearly labeled “temporary” and shall include the statement: “This is not a license to engage in the business of selling firearms.”.

(2) The temporary transfer permit shall be placed in public view as part of any display of a regulated firearm.

(i) (1) A person may not receive more than five temporary transfer permits during a single calendar year.

(2) To display a regulated firearm for sale, trade, or transfer at more than five gun shows in a calendar year, a person shall obtain a dealer’s license under this subtitle.

(j) A sale or transfer of a regulated firearm from a table or fixed display at a gun show is governed by §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.

§ 5-132

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

(2) “Authorized user” means the owner of a handgun or a person authorized by the owner to possess and use the handgun.

(3) “External safety lock” means an external device that is:

(i) attached to a handgun with a key or combination lock; and

(ii) designed to prevent a handgun from being discharged unless the device has been deactivated.

(4) “Handgun” does not include a signal, starter, or blank pistol.

(5) “Handgun Roster Board” means the Handgun Roster Board established under § 5-404 of this title.

(6) “Integrated mechanical safety device” means a disabling or locking device that is:

(i) built into a handgun; and

(ii) designed to prevent the handgun from being discharged unless the device has been deactivated.

(7) “Personalized handgun” means a handgun manufactured with incorporated design technology that:

(i) allows the handgun to be fired only by the authorized user; and

(ii) prevents any of the safety characteristics of the handgun from being readily deactivated.

(b) This section does not apply to:

(1) the purchase, sale, or transportation of a handgun to or by a federally licensed gun dealer or manufacturer that provides or services a handgun for:

(i) personnel of any unit of the federal government;

(ii) members of the armed forces or the National Guard;

(iii) law enforcement personnel of the State or any local law enforcement agency in the State while acting within the scope of their official duties; and

(iv) an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition;

(2) a firearm modified to be permanently inoperative;

(3) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer covered under item (1) of this subsection;

(4) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer to a lawful customer outside the State; or

(5) an antique firearm.

(c) (1) A dealer may not sell, offer for sale, rent, or transfer in the State a handgun manufactured on or before December 31, 2002, unless the handgun is sold, offered for sale, rented, or transferred with an external safety lock.

(2) On or after January 1, 2003, a dealer may not sell, offer for sale, rent, or transfer in the State a handgun manufactured on or after January 1, 2003, unless the handgun has an integrated mechanical safety device.

(d) (1) The Handgun Roster Board annually shall:

(i) review the status of personalized handgun technology; and

(ii) on or before July 1, report its findings to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly.

(2) In reviewing the status of personalized handgun technology under paragraph (1) of this subsection, the Handgun Roster Board shall consider:

(i) the number and variety of models and calibers of personalized handguns that are available for sale;

(ii) each study, analysis, or other evaluation of personalized handguns conducted or commissioned by:

1. the National Institute of Justice;

2. a federal, State, or local law enforcement laboratory; or

3. any other entity with an expertise in handgun technology; and

(iii) any other information that the Handgun Roster Board considers relevant.

§ 5-133

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

(b) Subject to § 5–133.3 of this subtitle, a person may not possess a regulated firearm if the person:

(1) has been convicted of a disqualifying crime;

(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(3) (i) has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4–104 of the Criminal Law Article; or

(ii) has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person;

(4) subject to subsection (b–1) of this section, is on supervised probation after being convicted:

(i) of a crime punishable by imprisonment for 1 year or more;

(ii) for a violation of § 21–902(b) or (c) of the Transportation Article; or

(iii) for violating a protective order under § 4–509 of the Family Law Article;

(5) is a fugitive from justice;

(6) is a habitual drunkard;

(7) is addicted to a controlled dangerous substance or is a habitual user;

(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and has a history of violent behavior against the person or another;

(9) has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;

(10) has been found not criminally responsible under § 3–110 of the Criminal Procedure Article;

(11) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(12) has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;

(13) is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability;

(14) except as provided in subsection (e) of this section, is a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

(ii) an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or

(15) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

(b–1) Subsection (b)(4) of this section may not be construed to prohibit possession of a regulated firearm by a person who was not convicted of but received only probation before judgment for an offense listed in subsection (b)(4) of this section.

(i) a crime of violence;

(ii) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, § 5–614, § 5–621, or § 5–622 of the Criminal Law Article; or

(iii) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed in this State.

(2) (i) Subject to paragraph (3) of this subsection, a person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years and not exceeding 15 years.

(ii) The court may not suspend any part of the mandatory minimum sentence of 5 years.

(iii) Except as otherwise provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

(3) At the time of the commission of the offense, if a period of more than 5 years has elapsed since the person completed serving the sentence for the most recent conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, mandatory supervision, probation, and parole:

(i) the imposition of the mandatory minimum sentence is within the discretion of the court; and

(ii) the mandatory minimum sentence may not be imposed unless the State’s Attorney notifies the person in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.

(4) Each violation of this subsection is a separate crime.

(5) A person convicted under this subsection is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.

(d) (1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm.

(2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:

(i) the temporary transfer or possession of a regulated firearm if the person is:

1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and

2. acting with the permission of the parent or legal guardian of the transferee or person in possession;

(ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;

(iii) a member of the armed forces or the National Guard while performing official duties;

(iv) the temporary transfer or possession of a regulated firearm if the person is:

1. participating in marksmanship training of a recognized organization; and

2. under the supervision of a qualified instructor;

(v) a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or

(vi) the possession of a firearm for self–defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.

(e) This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protective order requiring the surrender of the regulated firearm and:

(1) the regulated firearm is unloaded;

(2) the respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protective order; and

(3) the respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.

(f) This section does not apply to the carrying or transporting of a regulated firearm by a person who is carrying a court order requiring the surrender of the regulated firearm, if:

(1) the firearm is unloaded;

(2) the person has notified a law enforcement unit, barracks, or station that the firearm is being transported in accordance with the order; and

(3) the person transports the firearm directly to a State or local law enforcement agency or a federally licensed firearms dealer.

(g) Subject to subsection (b)(3) of this section, a person who has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article may not possess a regulated firearm for 5 years following the date of the conviction.

§ 5-133.1

(a) In this section, “ammunition” means a cartridge, shell, or any other device containing explosive or incendiary material designed and intended for use in a firearm.

(b) A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under § 5–133 (b) or (c) of this subtitle.

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

§ 5-133.2

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

(2) “Facility” has the meaning stated in § 10–101 of the Health – General Article.

(3) “NICS Index” means the Federal Bureau of Investigation’s National Instant Criminal Background Check System.

(b) (1) A court shall promptly report information required in paragraph (2) of this subsection through a secure data portal approved by the Department of Public Safety and Correctional Services if a court:

(i) determines that a person is not criminally responsible under § 3–110 of the Criminal Procedure Article;

(ii) finds that a person is incompetent to stand trial under § 3–106 of the Criminal Procedure Article; or

(iii) finds under § 13–201(c) or § 13–705 of the Estates and Trusts Article that a person should be under the protection of a guardian, except for cases in which the appointment of a guardian is solely a result of a physical disability.

(2) On a finding or determination under paragraph (1) of this subsection, the following information shall be reported to the NICS Index:

(i) the name and identifying information of the person; and

(ii) the date of the determination or finding.

(c) (1) A facility shall report information required in paragraph (2) of this subsection regarding a person admitted to the facility under § 10–609 of the Health – General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health – General Article to the NICS Index through a secure data portal approved by the Department of Public Safety and Correctional Services, if:

(i) the person has been admitted to a facility for 30 consecutive days or more; or

(ii) the person has been involuntarily committed to a facility.

(2) On admission to a facility the following information shall be reported to the NICS Index:

(i) the name and identifying information of the person admitted or committed;

(ii) the date the person was admitted or committed to the facility; and

(iii) the name of the facility to which the person was admitted or committed.

§ 5-133.3

(a) In this section, “Health Department” means the Maryland Department of Health.

(b) A person subject to a regulated firearms disqualification under § 5–133(b)(6), (7), (8), (9), (10), or (11) of this subtitle, a rifle or shotgun disqualification under § 5–205(b)(6), (7), (8), (9), (10), or (11) of this title, or prohibited from the shipment, transportation, possession, or receipt of a firearm by 18 U.S.C. § 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in the State may be authorized to possess a firearm if:

(1) the person is not subject to another firearms restriction under State or federal law; and

(2) the Health Department, in accordance with this section, determines that the person may possess a firearm.

(c) A person who seeks relief from a firearms disqualification shall file an application with the Health Department in the form and manner set by the Health Department.

(d) An application for relief from a firearms disqualification shall include:

(1) a complete and accurate statement explaining the reason why the applicant is prohibited from possessing a regulated firearm under § 5–133(b)(6), (7), (8), (9), (10), or (11) of this subtitle or a rifle or shotgun under § 5–205(b)(6), (7), (8), (9), (10), or (11) of this title, or is prohibited from the shipment, transportation, possession, or receipt of a firearm by 18 U.S.C. § 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in the State;

(2) a statement why the applicant should be relieved from the prohibition described in item (1) of this subsection;

(3) if the applicant is subject to a prohibition described in item (1) of this subsection, a certificate issued within 30 days of the submission of the application on a form approved by the Health Department and signed by an individual licensed in the State as a physician who is board certified in psychiatry or as a psychologist stating:

(i) the length of time that the applicant has not had symptoms that cause the applicant to be a danger to the applicant or others, or, if the disqualification relates to an intellectual disability, the length of time that the applicant has not engaged in behaviors that cause the applicant to be a danger to the applicant or others;

(ii) the length of time that the applicant has been compliant with the treatment plan for the applicant’s mental illness, or, if the disqualification relates to an intellectual disability, the length of time that the applicant has been compliant with any behavior plan or behavior management plan;

(iii) an opinion as to whether the applicant, because of mental illness, would be a danger to the applicant if allowed to possess a firearm and a statement of reasons for the opinion; and

(iv) an opinion as to whether the applicant, because of mental illness, would be a danger to another person or poses a risk to public safety if allowed to possess a firearm;

(4) if the applicant is prohibited from possessing a firearm under § 5–133(b)(11) of this subtitle or § 5–205(b)(11) of this title:

(i) a copy of all pleadings, affidavits, and certificates submitted into evidence at the guardianship proceeding; and

(ii) all orders issued by the court relating to the guardianship, including, if applicable, an order indicating that the guardianship is no longer in effect;

(5) a signed authorization, on a form approved by the Health Department, allowing the Health Department to access any relevant health care, mental health, disability, guardianship, and criminal justice records, including court ordered or required mental health records, of the applicant for use in determining whether the applicant should be relieved from a firearms disqualification;

(6) three statements signed and dated within 30 days of submission to the Health Department on a form designated by the Health Department attesting to the applicant’s reputation and character relevant to firearm ownership or possession including:

(i) at least two statements provided by an individual who is not related to the applicant; and

(ii) contact information for each individual providing a statement; and

(7) any other information required by the Health Department.

(e) The Health Department may not approve an application under this section if a determination is made that:

(1) the applicant supplied incomplete or false information or made a false statement;

(2) the application is not properly completed; or

(3) on review of the application and supporting documentation and any other information relating to the application requested by the Health Department, including any criminal history records and mental health records of the applicant, the applicant has not shown by a preponderance of the evidence that the applicant will be unlikely to act in a manner dangerous to the applicant or to public safety and that granting a license to possess a regulated firearm or authorizing the possession of a rifle or shotgun would not be contrary to the public interest.

(f) (1) If the Health Department determines that the application shall be approved, the Health Department shall provide the applicant with a certificate affirming the applicant’s mental competence to possess a firearm.

(2) A certificate provided under paragraph (1) of this subsection or a written statement that the individual is not mentally competent to possess a firearm shall be provided to the applicant within 60 days from the Health Department’s receipt of a completed application, which includes any records necessary to review an application.

(3) A certificate issued under paragraph (1) of this subsection shall be presented to the Department of State Police as evidence of the applicant’s eligibility to possess a firearm.

(g) (1) An applicant who is aggrieved by the action of the Health Department under subsection (e) of this section may request a hearing in writing to the Secretary of Health within 30 days after the Health Department mails notice of the decision to the applicant.

(2) (i) The hearing requested under paragraph (1) of this subsection shall be held in accordance with Title 10, Subtitle 2 of the State Government Article within 60 days after the Health Department receives the request.

(ii) At the hearing, the information described in subsections (d) and (e) of this section shall be considered and used to determine whether the applicant, if allowed to possess a firearm, would not be likely to act in a manner dangerous to the public safety and whether granting the relief would not be contrary to the public interest.

(3) (i) Judicial review of the determination on an application under this section for relief from a firearms prohibition may be sought in accordance with §§ 10–222 and 10–223 of the State Government Article.

(ii) Notwithstanding the provisions of § 10–222 of the State Government Article, the circuit court may give deference to the final decision of the Health Department and may in its discretion receive additional evidence that it determines to be necessary to conduct an adequate review.

(h) The Board of Review of the Health Department does not have jurisdiction to review a final decision of the Health Department under this section.

(i) After a determination on the merits of a hearing requested under this section, an applicant may not request a subsequent hearing within 1 year after the completion of the hearing process and any judicial review of the administrative decision.

(j) The Secretary of Health may adopt regulations establishing fees to cover the administrative costs associated with the implementation of this section.

(k) An individual licensed in the State as a physician who is board certified in psychiatry, or a psychologist who, in good faith and with reasonable grounds, acts in compliance with this section, may not be held civilly or criminally liable for actions authorized by this section.

§ 5-134

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the transfer of a regulated firearm.

(b) A dealer or other person may not sell, rent, loan, or transfer a regulated firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reasonable cause to believe:

(1) is under the age of 21 years, unless the regulated firearm is loaned to a borrower who may possess the regulated firearm under § 5–133(d) of this subtitle;

(2) has been convicted of a disqualifying crime;

(3) has been convicted of a conspiracy to commit a felony;

(4) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(5) is a fugitive from justice;

(6) is a habitual drunkard;

(7) is addicted to a controlled dangerous substance or is a habitual user;

(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article, and has a history of violent behavior against the purchaser, lessee, borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee or to another;

(9) has been confined for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee or to another;

(10) is a respondent against whom a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article;

(11) if under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult;

(12) is visibly under the influence of alcohol or drugs;

(13) is a participant in a straw purchase;

(14) subject to subsection (c) of this section for a transaction under this subsection that is made on or after January 1, 2002, has not completed a certified firearms safety training course conducted free of charge by the Maryland Police Training and Standards Commission or that meets standards established by the Maryland Police Training and Standards Commission under § 3–207 of this article; or

(15) intends to use the regulated firearm to:

(i) commit a crime; or

(ii) cause harm to the purchaser, lessee, transferee, or recipient or another person.

(c) A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section if the person:

(1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section;

(2) is a law enforcement officer of the State or any local law enforcement agency in the State;

(3) is a member, retired member, or honorably discharged member of the armed forces or the National Guard;

(4) is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition;

(5) has been issued a permit to carry a handgun under Subtitle 3 of this title; or

(6) is the borrower of a firearm.

(d) (1) A person may not sell, rent, or transfer:

(i) ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or

(ii) 1. a firearm other than a regulated firearm to a minor;

2. ammunition for a firearm to a minor;

3. pepper mace, which is an aerosol propelled combination of highly disabling irritant based products and is also known as oleo–resin capsicum (O.C.) spray, to a minor; or

4. another deadly weapon to a minor.

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

§ 5-135

A regulated firearm that is sold, rented, transferred, possessed, received, or purchased in violation of this subtitle may be:

(1) seized by a law enforcement agency as contraband; and

(2) after a finding of guilt, disposed of in accordance with Title 13, Subtitle 2 of the Criminal Procedure Article.

§ 5-136

(a) (1) This section does not apply to a person who purchases a regulated firearm as a gift if:

(i) the regulated firearm is a gift to a resident of the State; and

(ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or

2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm.

(2) If the regulated firearm is a gift to the purchaser’s spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall:

(i) complete an application to purchase or transfer a regulated firearm; and

(ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm.

(3) The Secretary shall waive the $10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection.

(b) A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

§ 5-137

(a) A person who seeks to own a regulated firearm and purchases the regulated firearm from an out-of-state federally licensed gun importer, manufacturer, or dealer shall:

(1) have the federally licensed importer, manufacturer, or dealer ship the regulated firearm to a licensee for processing; and

(2) comply with §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.

(b) If a person purchases a regulated firearm for use within the scope of the person’s official duties, the Secretary may waive the 7–day waiting period under § 5–124 of this subtitle for:

(1) law enforcement personnel of any unit of the federal government;

(2) members of the armed forces or the National Guard; or

(3) law enforcement personnel of the State or any local agency in the State.

§ 5-138

(a) A person may not possess, sell, transfer, or otherwise dispose of a stolen regulated firearm if the person knows or has reasonable cause to believe that the regulated firearm has been stolen.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

§ 5-139

(a) A person may not knowingly give false information or make a material misstatement in a firearm application or in an application for a dealer’s license.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

§ 5-140

(a) A dealer or other person may not transport a regulated firearm into the State for the purpose of unlawfully selling or trafficking of the regulated firearm.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

§ 5-141

(a) A dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm for a minor or for a person prohibited by law from possessing a regulated firearm.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

§ 5-142

(a) A person may not obliterate, remove, change, or alter the manufacturer’s identification mark or number on a firearm.

(b) If on trial for a violation of this section possession of the firearm by the defendant is established, the defendant is presumed to have obliterated, removed, changed, or altered the manufacturer’s identification mark or number on the firearm.

§ 5-143

(a) (1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency.

(2) The Secretary shall prepare and, on request of an applicant, provide an application form for registration under this section.

(b) An application for registration under this section shall contain:

(1) the make, model, manufacturer’s serial number, caliber, type, barrel length, finish, and country of origin of each regulated firearm; and

(2) the firearm applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver’s or photographic identification Soundex number, and occupation.

(c) An application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable total registration fee of $15, regardless of the number of firearms registered.

(d) Registration data provided under this section is not open to public inspection.

§ 5-144

(a) Except as otherwise provided in this subtitle, a dealer or other person may not:

(1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle; or

(2) knowingly violate § 5–142 of this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

§ 5-145

(a) (1) A licensed dealer shall keep records of all receipts, sales, and other dispositions of firearms affected in connection with the licensed dealer’s business.

(2) The Secretary shall adopt regulations specifying:

(i) subject to paragraph (3) of this subsection, the information that the records shall contain;

(ii) the time period for which the records are to be kept; and

(iii) the form in which the records are to be kept.

(3) The records shall include:

(i) the name and address of each person from whom the dealer acquires a firearm and to whom the dealer sells or otherwise disposes of a firearm;

(ii) a precise description, including make, model, caliber, and serial number of each firearm acquired, sold, or otherwise disposed of; and

(iii) the date of each acquisition, sale, or other disposition.

(4) Records maintained under 18 U.S.C. § 923(g)(1)(A) may be used to satisfy the requirements of this section, if the Secretary is granted access to those records.

(b) (1) When required by a letter issued by the Secretary, a licensee shall submit to the Secretary the information required to be kept under subsection (a) of this section for the time periods specified by the Secretary.

(2) The Secretary shall determine the form and method by which the records shall be maintained.

(c) When a firearms business is discontinued and succeeded by a new licensee, the records required to be kept under this section shall reflect the business discontinuance and succession and shall be delivered to the successor licensee.

(d) (1) A licensee shall respond within 48 hours after receipt of a request from the Secretary for information contained in the records required to be kept under this section when the information is requested in connection with a bona fide criminal investigation.

(2) The information requested under this subsection shall be provided orally or in writing, as required by the Secretary.

(3) The Secretary may implement a system by which a licensee can positively establish that a person requesting information by telephone is authorized by the Secretary to request the information.

(e) The Secretary may make available to a federal, State, or local law enforcement agency any information that the Secretary obtains under this section relating to the identities of persons who have unlawfully purchased or received firearms.

(f) The Secretary:

(1) shall inspect the inventory and records of a licensed dealer at least once every 2 years; and

(2) may inspect the inventory and records at any time during the normal business hours of the licensed dealer’s business.

(g) (1) A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.

(2) For a second or subsequent offense, a person who knowingly violates this section is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.

(3) The penalties provided in this subsection are not intended to apply to inconsequential or inadvertent errors.

§ 5-145.1

(a) A licensed dealer may not conduct business and store firearms at a location unless:

(1) the premises on which the licensed dealer operates is equipped with security features, including:

(i) equipment capable of filming and recording video footage inside and outside buildings where firearms are stored;

(ii) at least one of the following features designed to prevent unauthorized entry installed on all exterior doors and windows of all buildings where firearms are stored:

1. bars;

2. security screens;

3. commercial grade metal doors;

4. grates; or

5. other physical barriers approved by the Secretary;

(iii) a burglary alarm system that is continually monitored; and

(iv) if practicable, physical barriers designed to prevent the use of motor vehicles to breach all buildings where firearms are stored; or

(2) outside business hours, the licensed dealer locks all firearms stored on the premises in:

(i) a vault;

(ii) a safe; or

(iii) a room or building that meets the requirements under item (1) of this subsection.

(b) (1) This subsection does not apply if the equipment or alarm system became temporarily inoperable at no fault of the licensed dealer.

(2) A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.

(3) In addition to the penalty imposed under paragraph (2) of this subsection, a person who knowingly and willfully violates this section is subject to:

(i) for a second offense, suspension of the person’s dealer’s license; and

(ii) for a third or subsequent offense, revocation of the person’s dealer’s license.

(c) The Secretary shall adopt rules and regulations to determine whether a licensed dealer has met the requirements of subsection (a) of this section.

§ 5-146

(a) A dealer or any other person who sells or transfers a regulated firearm shall notify the purchaser or recipient of the regulated firearm at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency as required under subsection (b) of this section.

(b) If a regulated firearm is lost or stolen, the owner of the regulated firearm shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovers the loss or theft.

(c) On receipt of a report of a lost or stolen regulated firearm, a local law enforcement agency shall report to the Secretary and enter into the National Crime Information Center (NCIC) database, to the extent known, the caliber, make, model, manufacturer, and serial number of the regulated firearm and any other distinguishing number or identification mark on the regulated firearm.

(d) (1) A knowing and willful first–time violation of this section is a civil offense punishable by a fine not exceeding $500.

(2) A person who knowingly and willfully violates this section for a second or subsequent time is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

(e) The imposition of a civil or criminal penalty under this section does not preclude the pursuit of any other civil remedy or criminal prosecution authorized by law.

§ 5-147

(a) In this section, “Department” means the Department of State Police.

(b) (1) The Department shall transmit to each e–mail address on file with the Department that is associated with the purchaser or transferee of a regulated firearm or a person who has registered a regulated firearm with the Department a summary of each new law or change to each existing law pertaining to firearms that was passed by the General Assembly during each legislative session as provided in paragraph (2) of this subsection.

(2) The summary described in paragraph (1) of this subsection shall be transmitted:

(i) within 45 days after the General Assembly adjourns Sine Die in a legislative session;

(ii) for each act establishing a new law or change to an existing law pertaining to firearms, 30 days before the effective date of the act; and

(iii) if an act is designated as an emergency act, as soon as practicable.

§ 5-148

(a) On or before October 1, 2024, and each October 1 thereafter, the Maryland Judiciary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the number of charges, convictions, and sentences for violations of § 4–203 of the Criminal Law Article and § 5–133(d) of this subtitle.

(b) The information included in the report shall be disaggregated by jurisdiction, race, and gender.

Subtitle 2

§ 5-201

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

(b) “Dealer’s license” means a federal firearms license.

(c) “Immediate family member” means a spouse, a parent, a stepparent, a grandparent, a stepgrandparent, an aunt, an uncle, a sibling, a stepsibling, a child, a stepchild, a grandchild, a stepgrandchild, a niece, or a nephew, as related by blood or marriage.

(d) “Licensee” means a person who holds a dealer’s license.

(e) “NICS Index” has the meaning stated in § 5–133.2 of this title.

(f) “Rifle” has the meaning stated in § 4–201 of the Criminal Law Article.

(g) “Short–barreled rifle” has the meaning stated in § 4–201 of the Criminal Law Article.

(h) “Short–barreled shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.

(i) “Shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.

§ 5-202

This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is:

(1) an antique firearm as defined in § 4-201 of the Criminal Law Article;

(2) a device designed or redesigned for use other than as a weapon;

(3) a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or

(4) a firearm that cannot:

(i) discharge a projectile by an explosive; and

(ii) be readily restored to a firing condition.

§ 5-203

(a) A person may not possess a short–barreled rifle or short–barreled shotgun unless:

(1) the person, while on official business is:

(i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State;

(ii) a member of the armed forces or the National Guard while on duty or traveling to or from duty;

(iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State;

(iv) a warden or correctional officer of a correctional facility in the State; or

(v) a sheriff or a temporary or full–time deputy sheriff; or

(2) the short–barreled shotgun or short–barreled rifle has been registered with the federal government in accordance with federal law.

(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.

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

§ 5-204

(a) In this section, “adjacent state” means Delaware, Pennsylvania, Virginia, or West Virginia.

(b) If a resident of this State is eligible to purchase a rifle or shotgun under the laws of an adjacent state, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in the adjacent state.

(c) If a resident of an adjacent state is eligible to purchase a rifle or shotgun under the laws of this State, the resident may purchase a rifle or shotgun from a federally licensed gun dealer in this State.

§ 5-204.1

(a) This section does not apply to:

(1) a sale, rental, or transfer:

(i) involving a licensee or a federally licensed gun manufacturer, dealer, or importer;

(ii) between immediate family members;

(iii) involving law enforcement personnel of any unit of the federal government, a member of the armed forces, a member of the National Guard, or law enforcement personnel of the State or any local agency in the State, while acting in the scope of official duty;

(iv) of a curio or relic firearm between collectors who each have in their possession a valid collector of curios and relics license, as the terms are defined in federal law or determinations published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(v) of an unserviceable rifle or shotgun sold, rented, or transferred as a curio or museum piece;

(vi) of a rifle or shotgun modified to render it permanently inoperative; or

(vii) in which the purchaser, lessee, or transferee:

1. has a demonstrable religious belief against taking a portrait photograph; and

2. does not possess a license or an identification card of any kind with photographic identification; or

(2) a transfer that occurs by operation of law on the death of a person for whom the transferee is an executor, an administrator, a trustee, or a personal representative of an estate or a trust created in a will.

(b) A person who is not a licensee may not complete a sale, rental, or transfer of a rifle or shotgun other than a regulated firearm, as a purchaser, lessee, or transferee or seller, lessor, or transferor, unless the person is in compliance with this section.

(c) (1) Before a sale, rental, or transfer is conducted, the seller, lessor, or transferor and purchaser, lessee, or transferee shall both request that a licensee facilitate the sale, rental, or transfer.

(2) (i) A licensee who agrees to facilitate a sale, rental, or transfer under this section shall process the sale, rental, or transfer as though transferring the rifle or shotgun from the licensee’s own inventory to the purchaser, lessee, or transferee.

(ii) The licensee shall conduct a background check on the purchaser, lessee, or transferee through the NICS Index and comply with all federal and State law that would apply to the sale, rental, or transfer, including all inventory and record–keeping requirements.

(3) The seller, lessor, or transferor may:

(i) deliver the rifle or shotgun to a licensee; or

(ii) without appearing in person before the licensee, allow another person, to whom the transferor is authorized to transfer the rifle or shotgun, to deliver the rifle or shotgun to the licensee.

(d) (1) The licensee or the seller, lessor, or transferor may not complete the sale, rental, or transfer to the purchaser, lessee, or transferee if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun.

(2) Unless the seller, lessor, or transferor delivered the rifle or shotgun in accordance with subsection (c)(3)(ii) of this section or otherwise left the rifle or shotgun in the exclusive possession of the licensee, if the results of the background check indicate that the purchaser, lessee, or transferee may not possess the rifle or shotgun, the seller, lessor, or transferor may remove the rifle or shotgun from the premises of the licensee or a gun show.

(e) A licensee may charge a reasonable fee for facilitating a sale, rental, or transfer under this section.

(f) (1) Except as provided in paragraph (2) of this subsection, 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 $10,000 or both.

(2) A person who provides false information while conducting a transaction under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(g) A licensee who processes a sale, rental, or transfer under this section may not be held civilly liable for personal injury or property damage resulting from the malfunctioning of a rifle or shotgun if the licensee did not modify or alter the rifle or shotgun.

§ 5-205

(a) This subtitle does not apply to a rifle or shotgun that is an antique firearm as defined in § 4–201 of the Criminal Law Article.

(b) A person may not possess a rifle or shotgun if the person:

(1) has been convicted of a disqualifying crime as defined in § 5–101 of this title;

(2) has been convicted of a violation classified as a crime under common law and received a term of imprisonment of more than 2 years;

(3) is a fugitive from justice;

(4) is a habitual drunkard as defined in § 5–101 of this title;

(5) is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title;

(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and has a history of violent behavior against the person or another;

(7) has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article;

(8) has been found not criminally responsible under § 3–110 of the Criminal Procedure Article;

(9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(10) has been involuntarily committed to a facility as defined in § 10–101 of the Health – General Article;

(12) except as provided in subsection (c) of this section, is a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

(ii) an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or

(13) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

(1) a person transporting a rifle or shotgun if the person is carrying a civil protective order requiring the surrender of the rifle or shotgun and:

(i) the rifle or shotgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the civil protective order; and

(iii) the person transports the rifle or shotgun directly to the law enforcement unit, barracks, or station; or

(2) the carrying or transporting of a rifle or shotgun by a person who is carrying a court order requiring the surrender of the rifle or shotgun, if:

(i) the rifle or shotgun is unloaded;

(ii) the person has notified a law enforcement unit, barracks, or station that the rifle or shotgun is being transported in accordance with the order; and

(iii) the person transports the rifle or shotgun directly to a State or local law enforcement agency or a federally licensed firearms dealer.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(e) A person who is disqualified from owning a rifle or shotgun under subsection (b)(6), (7), (8), (9), (10), or (11) of this section may seek relief from the disqualification in accordance with § 5–133.3 of this title.

§ 5-206

(a) A person may not possess a rifle or shotgun if the person was previously convicted of:

(1) a crime of violence as defined in § 5–101 of this title;

(2) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, or § 5–614 of the Criminal Law Article; or

(3) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (1) or (2) of this subsection if committed in this State.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.

§ 5-207

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a rifle or shotgun, and the State preempts the right of any local jurisdiction to regulate the transfer of a rifle or shotgun.

(b) In this section, “loan” includes a temporary gratuitous exchange of a rifle or shotgun.

(c) A licensee or any other person may not sell, rent, transfer, or loan a rifle or shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person knows or has reasonable cause to believe:

(1) has been convicted of a disqualifying crime, as defined in § 5–101 of this title;

(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

(3) is a fugitive from justice;

(4) is a habitual drunkard as defined in § 5–101 of this title;

(5) is addicted to a controlled dangerous substance or is a habitual user as defined in § 5–101 of this title;

(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article, and has a history of violent behavior against the purchaser, lessee, transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(7) has been found incompetent to stand trial under § 3–106 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(8) has been found not criminally responsible under § 3–110 of the Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(10) has been involuntarily committed for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(11) is under the protection of a guardian appointed by a court under § 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the appointment of a guardian is solely a result of a physical disability, unless the purchaser, lessee, transferee, or recipient has received a certificate from the Maryland Department of Health relieving the purchaser, lessee, transferee, or recipient of the disqualification;

(12) is a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; or

(ii) an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or Native American tribe and is in effect;

(13) if under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult;

(14) is visibly under the influence of alcohol or drugs;

(15) is a participant in a straw purchase; or

(16) intends to use the rifle or shotgun to:

(i) commit a crime; or

(ii) cause harm to the purchaser, lessee, transferee, or recipient or another person.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

Subtitle 3

§ 5-301

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

(b) “Handgun” has the meaning stated in § 4–201 of the Criminal Law Article.

(d) “Qualified handgun instructor” has the meaning stated in § 5–101 of this title.

(e) “Secretary” means the Secretary of State Police or the Secretary’s designee.

§ 5-303

A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun.

§ 5-304

(a) An application for a permit shall be made under oath.

(b) (1) Subject to subsections (c) and (d) of this section, the Secretary may charge a nonrefundable fee payable when an application is filed for a permit.

(2) The fee may not exceed:

(i) $125 for an initial application;

(ii) $75 for a renewal or subsequent application; and

(iii) $20 for a duplicate or modified permit.

(3) The fees under this subsection are in addition to the fees authorized under § 5–305 of this subtitle.

(c) The Secretary may reduce the fee under subsection (b) of this section accordingly for a permit that is granted for one day only and at one place only.

(d) The Secretary may not charge a fee under subsection (b) of this section to:

(1) a State, county, or municipal public safety employee who is required to carry, wear, or transport a handgun as a condition of governmental employment; or

(2) a retired law enforcement officer of the State or a county or municipal corporation of the State.

(e) The applicant shall pay a fee under this section by an electronic check, a credit card, or a method of online payment approved by the Secretary.

§ 5-305

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) Except as provided in subsection (g) of this section, the Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a permit.

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

(1) two complete sets of the applicant’s 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 § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

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

(d) In accordance with §§ 10–201 through 10–234 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 record information.

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

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

(2) shall be used only for the licensing purpose authorized by this section.

(g) For an employee of an armored car company who is an applicant for a permit, the Secretary may accept a criminal background investigation performed on behalf of the armored car company in place of the criminal history records check required by this section if:

(1) the criminal background investigation meets the minimum requirements established by the Department of State Police; and

(2) the Secretary performs a cursory check to verify the facts listed in the criminal background investigation.

§ 5-306

(a) Subject to subsections (c) and (d) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

(1) (i) is at least 21 years old; or

(ii) is a person who is a member of the uniformed services or the National Guard;

(2) (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or

(ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);

(3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;

(4) is not on supervised probation for:

(i) conviction of a crime punishable by imprisonment for 1 year or more;

(ii) a violation of § 21–902(b) or (c) of the Transportation Article; or

(iii) violating a protective order under § 4–509 of the Family Law Article;

(5) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction;

(6) does not suffer from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and have a history of violent behavior against the person or another;

(7) has not been involuntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

(8) is not a respondent against whom:

(i) a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article;

(ii) a current extreme risk protective order has been entered under § 5–601 of this title; or

(iii) any other type of current court order has been entered prohibiting the person from purchasing or possessing firearms;

(9) except as provided in subsection (b) of this section, has successfully completed prior to application and each renewal, a firearms training course approved by the Secretary that meets the minimum criteria specified in subsection (a–1) of this section; and

(10) based on an investigation:

(i) has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or to another; and

(ii) is not otherwise prohibited by State or federal law from purchasing or possessing a handgun.

(a–1) The firearms training course required under subsection (a) of this section shall include:

(1) (i) for an initial application, a minimum of 16 hours of in–person instruction by a qualified handgun instructor; or

(ii) for a renewal application, 8 hours of in–person instruction by a qualified handgun instructor;

(2) classroom instruction on:

(i) State and federal firearm laws, including laws relating to:

1. self–defense;

2. defense of others;

3. defense of property;

4. the safe storage of firearms;

5. the circumstances under which an individual becomes prohibited from possessing a firearm under State and federal law, including becoming a respondent against whom:

A. a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article;

B. an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or

C. a current extreme risk protective order has been entered under Subtitle 6 of this title;

6. the requirements and options for surrendering, transferring, or otherwise disposing of a firearm after becoming prohibited from possessing a firearm under State or federal law;

7. the requirements for reporting a loss or theft of a firearm to a law enforcement agency as required by § 5–146 of this title;

8. the firearms and firearm accessories which are banned under State and federal law;

9. the types of firearms that require a special permit or registration to acquire or possess under State or federal law;

10. the law prohibiting straw purchases;

11. the law concerning armed trespass under § 6–411 of the Criminal Law Article; and

12. the locations where a person is prohibited from possessing a firearm regardless of whether the person possesses a permit issued under this subtitle;

(ii) home firearm safety;

(iii) handgun mechanisms and operations;

(iv) conflict de–escalation and resolution;

(v) anger management; and

(vi) suicide prevention; and

(3) a firearm qualification component that includes live–fire shooting exercise on a firing range and requires the applicant to demonstrate:

(i) safe handling of a handgun; and

(ii) shooting proficiency with a handgun.

(a–2) The Secretary, in consultation with the Office of the Attorney General and the Department of Health, shall develop, publish, update, and distribute to all State–certified firearms instructors a curriculum of instruction for the topics required for classroom instruction in subsection (a–1) of this section.

(b) An applicant for a permit is not required to complete a certified firearms training course under subsection (a) of this section if the applicant:

(1) is a law enforcement officer or a person who is retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;

(2) is a member, retired member, or honorably discharged member of the armed forces or the National Guard;

(3) is a qualified handgun instructor; or

(4) has completed a firearms training course approved by the Secretary.

(1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or

(2) adjudicated delinquent by a juvenile court for:

(i) an act that would be a crime of violence if committed by an adult;

(ii) an act that would be a felony in this State if committed by an adult; or

(iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.

(d) (1) The Secretary may not issue a permit to a person if the person:

(i) has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4–104 of the Criminal Law Article; or

(2) Subject to paragraph (1) of this subsection, the Secretary may not issue a permit to a person who has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article for 5 years following the date of the conviction.

(e) The Secretary may issue a handgun qualification license, without an additional application or fee, to a person who:

(1) meets the requirements for issuance of a permit under this section; and

(2) does not have a handgun qualification license issued under § 5–117.1 of this title.

§ 5-307

(a) A permit is valid for each handgun legally in the possession of the person to whom the permit is issued.

(b) (1) Subject to subsection (c) of this section, a permit issued under this subtitle shall restrict the wearing, carrying, and transporting of a handgun by the person to whom the permit is issued to wearing, carrying, or transporting a handgun concealed from view:

(i) under or within an article of the person’s clothing; or

(ii) within an enclosed case.

(2) The requirement in paragraph (1) of this subsection to keep a handgun concealed is not violated by:

(i) the momentary and inadvertent exposure of a handgun; or

(ii) the momentary and inadvertent exposure of the imprint or outline of a handgun.

(c) A person is not subject to the requirement in subsection (b) of this section to keep a handgun concealed if the person is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is:

(1) a person exempted under § 4–203(b)(1) of the Criminal Law Article;

(2) a security guard licensed under Title 19 of the Business Occupations Article acting within the scope of employment;

(3) a correctional officer or warden of a correctional facility in the State acting within the scope of employment;

(4) a railroad police officer appointed under Title 3, Subtitle 4 of this article acting within the scope of employment; or

(5) an employee of an armored car company acting within the scope of employment.

§ 5-308

A person to whom a permit is issued or renewed shall carry the permit in the person’s possession whenever the person carries, wears, or transports a handgun.

§ 5-309

(a) Except as provided in subsection (d) of this section, a permit expires on the last day of the holder’s birth month following 2 years after the date the permit is issued.

(b) Subject to subsection (c) of this section, a permit may be renewed for successive periods of 3 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit and pays the renewal fee stated in this subtitle.

(c) A person who applies for a renewal of a permit is not required to be fingerprinted unless the Secretary requires a set of the person’s fingerprints to resolve a question of the person’s identity.

(d) The Secretary may establish an alternative expiration date for a permit to coincide with the expiration of a license, certification, or commission for:

(1) a private detective under Title 13 of the Business Occupations and Professions Article;

(2) a security guard under Title 19 of the Business Occupations and Professions Article; or

(3) a special police officer under § 3–306 of this article.

§ 5-310

(a) The Secretary shall:

(1) revoke a permit on a finding that the holder does not meet the qualifications described in § 5–306 of this subtitle; and

(2) regularly review information regarding active permit holders using the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to determine whether all permit holders continue to meet the qualifications described in § 5–306 of this subtitle.

(b) The Secretary may revoke a permit on a finding that the holder violated § 5–308 of this subtitle.

(c) If the Secretary revokes a permit under this section from a person the Secretary determines is prohibited from possessing a regulated firearm under § 5–133 of this title, the Secretary shall take reasonable steps to ensure the surrender of any regulated firearms in the person’s possession.

(d) A holder of a permit that is revoked by the Secretary shall return the permit to the Secretary within 10 days after receipt of written notice of the revocation.

§ 5-311

(a) If the Secretary denies a permit or renewal of a permit or revokes or limits a permit, the Secretary shall provide written notice of that initial action to the applicant, including a detailed explanation of the reason or reasons for the initial action.

(b) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of the written notice of the Secretary’s initial action under subsection (a) of this section.

(1) may include a personal interview of the person who requested the informal review; and

(2) is not subject to Title 10, Subtitle 2 of the State Government Article.

(d) (1) In an informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the person who requested the informal review of the decision in writing within 30 days after receipt of the request for informal review.

(2) The written notice of the results of the Secretary’s informal review under paragraph (1) of this subsection shall include a detailed explanation of the reason or reasons for the Secretary’s decision to sustain, reverse, or modify the initial action.

(e) A person need not file a request for an informal review under this section before requesting review under § 5–312 of this subtitle.

§ 5-312

(a) (1) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary’s action.

(2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.

(b) (1) Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.

(2) Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a written finding of facts and a decision.

(3) A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.

(c) (1) Subject to subsection (b) of this section, any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(2) Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.

(d) (1) On or before January 1 each year, the Office of Administrative Hearings shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant’s county of residence, race, ethnicity, age, and gender:

(i) the number of appeals of decisions by the Secretary that have been filed with the Office of Administrative Hearings within the previous year;

(ii) the number of decisions by the Secretary that have been sustained, modified, or reversed by the Office of Administrative Hearings within the previous year;

(iii) the number of appeals that are pending; and

(iv) the number of appeals that have been withdrawn within the previous year.

(2) On or before January 1 each year, the Secretary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant’s county of residence, race, ethnicity, age, and gender:

(i) the total number of permit applications that were submitted to the Secretary within the previous year;

(ii) the total number of permit applications that were granted by the Secretary within the previous year;

(iii) the total number of permit applications that were denied by the Secretary within the previous year;

(iv) the total number of permit applications that were revoked within the previous year; and

(v) the total number of permit applications filed with the Secretary that are pending at the time of the issuance of the report.

§ 5-313

(a) A person may not fail to return a revoked permit.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of not less than $100 or exceeding $1,000 or both.

§ 5-314

(a) A person who holds a permit may not wear, carry, or transport a handgun while the person is under the influence of alcohol or drugs.

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

Subtitle 4

§ 5-401

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

(b) “Board” means the Handgun Roster Board.

(2) “Handgun” does not include a shotgun, a rifle, a short–barreled rifle, a short–barreled shotgun, or an antique firearm.

(d) “Handgun roster” means the roster of authorized handguns compiled by the Board under § 5–405 of this subtitle.

(e) “Secretary” means the Secretary of State Police or the Secretary’s designee.

§ 5-402

(a) This subtitle does not affect a person’s right to:

(1) manufacture, sell, or offer to sell a rifle or other weapon that is not defined as a handgun in § 4-201 of the Criminal Law Article;

(2) manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and

(3) manufacture in this State a handgun that is not on the handgun roster by a federally licensed gun manufacturer who is also licensed as a regulated firearms dealer in this State for direct sale to a unit of:

(i) the federal government;

(ii) a state other than this State;

(iii) a local government in a state other than this State; or

(iv) a law enforcement agency in a state other than this State.

(b) (1) A person is not strictly liable for damages for injuries to another that result from the criminal use of a firearm by a third person.

(2) Paragraph (1) of this subsection does not apply if the person conspired with the third person to commit the criminal act in which the firearm was used or willfully aided, abetted, or caused the commission of the criminal act in which the firearm was used.

(3) This subtitle does not otherwise negate, limit, or modify the doctrine of negligence or strict liability that relates to abnormally dangerous products or activities and defective products.

§ 5-403

The Secretary shall adopt regulations necessary to carry out this subtitle.

§ 5-404

(a) There is a Handgun Roster Board in the Department of State Police.

(b) (1) The Board consists of 11 members.

(2) Of the 11 members of the Board:

(i) one shall be the Secretary as an ex officio member;

(ii) ten shall be appointed by the Governor with the advice and consent of the Senate; and

(iii) all shall be Maryland residents.

(3) Of the ten appointed members of the Board:

(i) one shall be a representative of the Association of Chiefs of Police;

(ii) one shall be a representative of the Maryland State’s Attorneys’ Association;

(iii) one shall be a handgun dealer, gunsmith, or representative of a handgun manufacturer;

(iv) one shall be a resident of the State who is a representative of the National Rifle Association or its affiliated State association;

(v) one shall be a representative of an organization that advocates against handgun violence; and

(vi) five shall be public members, two of whom shall be mechanical or electrical engineers.

(d) The Secretary shall serve as chairman.

(e) The Board shall meet at the request of the chairman or of a majority of the members.

§ 5-405

(a) The Board shall:

(1) compile and maintain a handgun roster of authorized handguns that are useful for legitimate sporting, self-protection, or law enforcement purposes;

(2) annually publish the handgun roster in the Maryland Register; and

(3) semiannually send a copy of the handgun roster to all persons who hold a State regulated firearm dealer’s license under Subtitle 1 of this title.

(b) The Board shall consider carefully each of the following characteristics of a handgun without placing undue weight on any one characteristic in determining whether any handgun should be placed on the handgun roster:

(1) concealability;

(2) ballistic accuracy;

(3) weight;

(4) quality of materials;

(5) quality of manufacture;

(6) reliability as to safety;

(7) caliber;

(8) detectability by the standard security equipment that is commonly used at an airport or courthouse and that is approved by the Federal Aviation Administration for use at airports in the United States; and

(9) utility for legitimate sporting activities, self-protection, or law enforcement.

(2) The Board shall place a handgun on the handgun roster on the successful petition of any person subject to subsections (d) and (e) of this section, unless a court, after all appeals are exhausted, has made a finding that the decision of the Board shall be affirmed.

(3) A petition to place a handgun on the handgun roster shall be submitted to the Board in writing in the form and manner that the Board requires.

(4) A person who petitions for placement of a handgun on the handgun roster has the burden of proving to the Board that the handgun should be placed on the handgun roster.

(d) (1) Within 45 days after receipt of a petition to place a handgun on the handgun roster, the Board shall:

(i) deny the petition in writing, stating the reasons for denial; or

(ii) approve the petition and publish a description of the handgun in the Maryland Register, including notice that any objection to the handgun’s inclusion on the handgun roster shall be filed with the Board within 30 days.

(2) If the Board fails to deny or approve a petition within the time required under paragraph (1) of this subsection, the petition shall be considered denied.

(e) (1) If the Board denies a petition to place a handgun on the handgun roster, the Board shall notify the petitioner by certified mail, return receipt requested.

(2) The petitioner may request a hearing within 15 days after the date that the Board’s denial letter is received.

(3) (i) If the petitioner requests a hearing under paragraph (2) of this subsection, within a reasonable time not to exceed 90 days after receiving the request, the Board shall:

1. hold a hearing on the petition; and

2. issue a written final decision on the petition.

(ii) The Board shall provide notice of the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(iii) At a hearing held under this paragraph, the petitioner has the burden of proving to the Board that the handgun should be placed on the handgun roster because the handgun is useful for legitimate sporting activities, self-protection, or law enforcement purposes.

(4) Any party of record who is aggrieved may appeal within 30 days after a final decision of the Board in accordance with Title 10, Subtitle 2 of the State Government Article.

(f) This section does not require the Board to test any handgun or have any handgun tested at the expense of the Board.

§ 5-406

(a) (1) Except as provided in § 5–402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.

(2) A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.

(3) A person may not manufacture, sell, or offer for sale a handgun on which the manufacturer’s identification mark or number is obliterated, removed, changed, or otherwise altered.

(b) The Secretary may seek an order from a circuit court to permanently or temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in violation of this section, of a handgun that is not included on the handgun roster.

(c) (1) A person who manufactures a handgun for distribution or sale in violation of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both for each violation.

(2) A person who sells or offers to sell a handgun in violation of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both for each violation.

(3) For purposes of this subsection, each handgun manufactured, sold, or offered for sale in violation of this section is a separate violation.

Subtitle 5

§ 5-501

In this subtitle, “Council” means the Cease Fire Council.

§ 5-502

(a) There is a Cease Fire Council in the Governor’s Office of Crime Prevention and Policy.

(b) (1) The Council consists of 11 members.

(2) Of the 11 members of the Council:

(i) one shall be the Secretary of Juvenile Services or a designee;

(ii) one shall be the Secretary of State Police or a designee;

(iii) one shall be the Secretary of Public Safety and Correctional Services or a designee;

(iv) one shall be the Executive Director of the Governor’s Office of Crime Prevention and Policy or a designee;

(v) two shall be State’s Attorneys who are recommended by the President of the Maryland State’s Attorneys’ Association, appointed by the Governor;

(vi) one shall be a sheriff, appointed by the Governor;

(vii) one shall represent the Maryland Chiefs of Police Association, appointed by the Governor;

(viii) one shall represent the Maryland Municipal Police Executives Association, appointed by the Governor; and

(ix) two shall represent the public, appointed by the Governor.

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

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

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

(d) The Secretary of State Police or the Secretary’s designee is the Chairman of the Council.

(e) A member of the Council:

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

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

(f) (1) The Governor’s Office of Crime Prevention and Policy shall provide staff support for the Council.

(2) The Assistant Attorney General assigned to the Governor’s Office of Crime Prevention and Policy is the legal advisor to the Council.

§ 5-503

(a) The purpose of the Council is to administer the Cease Fire Council Grant Program to support innovative and collaborative firearms violence reduction initiatives.

(b) The Council shall:

(1) make grants in accordance with § 5-504 of this subtitle;

(2) establish or assist in the establishment of programs designed to reduce the incidence of firearms violence related crime and encourage participation in existing programs with these objectives;

(3) identify specific goals, objectives, and methodologies to be used in support of programs eligible for funding under this subtitle;

(4) identify priorities for firearms violence related crime prevention strategies in the State; and

(5) develop criteria to evaluate the outcomes of programs that receive money under this subtitle.

§ 5-504

(a) There is a Cease Fire Council Grant Program.

(b) The Cease Fire Council Grant Program shall be funded as provided in the State budget.

(d) When making grants, the Council shall consider and give priority to:

(1) comprehensive and coordinated law enforcement and prosecution programs that target criminals and juveniles who use or illegally possess firearms;

(2) law enforcement and prosecution salaries and overtime in support of firearm violence reduction programs;

(3) covert firearms-related investigations and debriefing of criminal and juvenile arrestees and offenders for information related to illegal firearms trafficking;

(4) initiatives that support the tracing of firearms used to commit crimes or delinquent acts and the identification of illegal firearms traffickers;

(5) purchases of technology and information systems to support firearm violence reduction initiatives; and

(6) other efforts that aid in apprehending and prosecuting criminals or apprehending and filing a complaint against juveniles who use or illegally possess firearms.

(e) Expenditures from the Cease Fire Council Grant Program may be made only in accordance with the State budget or by budget amendment.

(f) The Council shall adopt regulations for the grant process and the oversight of grants made by the Council.

Subtitle 6

§ 5-601

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

(b) “Ammunition” has the meaning stated in § 5–133.1 of this title.

(c) “Extreme risk protective order” means a civil interim, temporary, or final protective order issued in accordance with this subtitle.

(d) “Firearm” has the meaning stated in § 5–101 of this title.

(e) (1) “Petitioner” means an individual who files a petition for an extreme risk protective order under this subtitle.

(2) “Petitioner” includes:

(i) a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or health officer or designee of a health officer who has examined the individual;

(ii) a law enforcement officer;

(iii) the spouse of the respondent;

(iv) a cohabitant of the respondent;

(v) a person related to the respondent by blood, marriage, or adoption;

(vi) an individual who has a child in common with the respondent;

(vii) a current dating or intimate partner of the respondent; and

(viii) a current or former legal guardian of the respondent.

(f) “Respondent” means a person against whom a petition for an extreme risk protective order is filed.

§ 5-602

(a) (1) A petition for an extreme risk protective order shall:

(i) be signed and sworn to by the petitioner under the penalty of perjury;

(ii) include any information known to the petitioner that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm;

(iii) set forth specific facts in support of the information described in item (ii) of this paragraph;

(iv) explain the basis for the petitioner’s knowledge of the supporting facts, including a description of the behavior and statements of the respondent or any other information that led the petitioner to believe that the respondent presents an immediate and present danger of causing personal injury to the respondent or others;

(v) describe the number, types, and location of any known firearms believed to be possessed by the respondent; and

(vi) include any supporting documents or information regarding:

1. any unlawful, reckless, or negligent use, display, storage, possession, or brandishing of a firearm by the respondent;

2. any act or threat of violence the respondent made against the respondent or against another, whether or not the threat of violence involved a firearm;

3. any violation by the respondent of a protective order under Title 4, Subtitle 5 of the Family Law Article;

4. any violation by the respondent of a peace order under Title 3, Subtitle 15 of the Courts Article; and

5. any abuse of a controlled dangerous substance or alcohol by the respondent, including any conviction for a criminal offense involving a controlled dangerous substance or alcohol.

(2) A petition for an extreme risk protective order may include, to the extent disclosure is not otherwise prohibited, health records or other health information concerning the respondent.

(b) A petitioner seeking an extreme risk protective order under this subtitle may file a petition with:

(1) the District Court; or

(2) when the Office of the District Court Clerk is closed, a District Court commissioner.

(c) (1) All court records relating to a petition for an extreme risk protective order made under this subtitle are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.

(2) This subsection does not prohibit review of a court record relating to a petition by:

(i) personnel of the court;

(ii) the respondent or counsel for the respondent;

(iii) authorized personnel of the Maryland Department of Health;

(iv) authorized personnel of a local core service agency or local behavioral health authority;

(v) a law enforcement agency;

(vi) a person authorized by a court order on good cause shown; or

(vii) researchers affiliated with institutions of higher education that have entered into an agreement with the Maryland Judiciary providing for the confidentiality of the record in accordance with subsection (d) of this section conducting related academic or policy research.

(d) (1) The Maryland Judiciary shall require an institution of higher education that has researchers reviewing court records relating to extreme risk protective orders to enter into an agreement that provides for the storage and handling of the records.

(2) The agreement shall provide that:

(i) each record relating to an extreme risk protective order shall remain in the custody of the institution of higher education receiving the record;

(ii) each record relating to an extreme risk protective order may be used only for the research and study for which it was assembled or obtained; and

(iii) a person may not disclose a record relating to an extreme risk protective order to any person who is not engaged in the research or study project.

(3) The agreement under this subsection may not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to records in the aggregate, without disclosing the identity of any person who is the subject of the record.

(4) The Maryland Judiciary, on its own motion, may institute an injunction and any other appropriate remedy:

(i) for a violation of the agreement under this subsection; and

(ii) to prevent the unauthorized disclosure of a record relating to an extreme risk protective order by any person.

(e) A petitioner who, in good faith, files a petition under this subtitle is not civilly or criminally liable for filing the petition.

(f) Nothing in this subtitle may be interpreted to require a health care provider to disclose health records or other health information concerning a respondent except:

(1) in accordance with a subpoena directing delivery of the records or information to the court under seal; or

(2) by order of the court.

§ 5-603

(a) (1) When a petition is filed with a District Court commissioner under § 5–602(b)(2) of this subtitle, the commissioner may enter an interim extreme risk protective order to prohibit the respondent from possessing a firearm if the commissioner finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

(2) In determining whether to enter an interim extreme risk protective order under this section, the commissioner shall consider:

(i) all relevant evidence presented by the petitioner; and

(ii) the amount of time that has elapsed since any of the events described in the petition.

(3) The interim extreme risk protective order shall:

(i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

(ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

(4) If, based on the petition, the commissioner finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health – General Article, the commissioner shall refer the respondent to law enforcement for a determination of whether the respondent should be taken for an emergency evaluation.

(b) (1) (i) An interim extreme risk protective order shall state the date, time, and location for a temporary extreme risk protective order hearing and a tentative date, time, and location for a final extreme risk protective order hearing.

(ii) Except as provided in subsection (e) of this section, or unless the judge continues the hearing for good cause, a temporary extreme risk protective order hearing shall be held on the first or second day on which a District Court judge is sitting after issuance of the interim extreme risk protective order.

(2) An interim extreme risk protective order shall include in at least 10 point bold type:

(i) notice to the respondent that:

1. the respondent must give the court written notice of each change of address;

2. if the respondent fails to appear at the temporary extreme risk protective order hearing or any later hearing, the respondent may be served with any orders or notices in the case by first–class mail at the respondent’s last known address;

3. the date, time, and location of the final extreme risk protective order hearing is tentative only and subject to change;

4. if the respondent does not attend the temporary extreme risk protective order hearing, the respondent may call the Office of the District Court Clerk at the number provided in the order to find out the actual date, time, and location of any final extreme risk protective order hearing; and

5. if the respondent fails to appear at the final extreme risk protective order hearing, a final extreme risk protective order may be entered in the respondent’s absence and served on the respondent by first–class mail;

(ii) a statement that the respondent may consult an attorney regarding any matter related to the order, and that an attorney should be contacted promptly so that the attorney may assist the respondent;

(iii) a statement specifying the contents and duration of a temporary extreme risk protective order;

(iv) notice to the petitioner and respondent that, at the hearing, a judge may issue a temporary extreme risk protective order prohibiting the respondent from possessing a firearm or may deny the petition, whether or not the respondent is in court;

(v) notice of:

1. the requirements for surrendering firearms and ammunition in the respondent’s possession to law enforcement authorities; and

2. the process for reclaiming firearms and ammunition on the expiration or termination of the order;

(vi) a warning to the respondent that violation of an interim extreme risk protective order is a crime and that a law enforcement officer will arrest the respondent, with or without a warrant, and take the respondent into custody if the officer has probable cause to believe that the respondent has violated a provision of the interim extreme risk protective order; and

(vii) the phone number of the Office of the District Court Clerk.

(1) immediately forward a copy of the petition and interim extreme risk protective order to the appropriate law enforcement agency for service on the respondent; and

(2) before the hearing scheduled for the temporary extreme risk protective order, transfer the case file to the clerk of court.

(d) A law enforcement officer shall:

(1) immediately on receipt of an interim extreme risk protective order, serve it on the respondent named in the order;

(2) make a return of service to the clerk of court; and

(3) within 2 hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service using an electronic system approved and provided by the Department of Public Safety and Correctional Services.

(e) (1) Except as provided in paragraph (2) of this subsection, an interim extreme risk protective order shall be effective until the earlier of:

(i) the temporary extreme risk protective order hearing under § 5–604 of this subtitle; or

(ii) the end of the second business day the Office of the District Court Clerk is open following the issuance of the interim extreme risk protective order.

(2) If the court is closed on the day on which the interim extreme risk protective order is due to expire, the interim extreme risk protective order shall be effective until the next day on which the court is open, at which time the court shall hold a temporary extreme risk protective order hearing.

§ 5-604

(a) (1) After a hearing on a petition, whether ex parte or otherwise, a judge may enter a temporary extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

(2) In determining whether to enter a temporary extreme risk protective order under this section, the judge shall consider:

(i) all relevant evidence presented by the petitioner; and

(ii) the amount of time that has elapsed since any of the events described in the petition.

(3) The temporary extreme risk protective order shall:

(i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

(ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the temporary extreme risk protective order.

(4) If the judge finds probable cause to believe that the respondent meets the requirements for emergency evaluation under Title 10, Subtitle 6 of the Health – General Article, the judge shall refer the respondent for emergency evaluation.

(b) (1) Except as provided in paragraph (2) of this subsection, a law enforcement officer shall:

(i) immediately serve the temporary extreme risk protective order on the respondent under this section; and

(ii) within 2 hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service using an electronic system approved and provided by the Department of Public Safety and Correctional Services.

(2) A respondent who has been served with an interim extreme risk protective order under § 5–603 of this subtitle shall be served with the temporary extreme risk protective order in open court or, if the respondent is not present at the temporary extreme risk protective order hearing, by first–class mail at the respondent’s last known address.

(3) There shall be no cost to the petitioner for service of the temporary extreme risk protective order.

(c) (1) Except as otherwise provided in this subsection, the temporary extreme risk protective order shall be effective for not more than 7 days after service of the order.

(2) The judge may extend the temporary extreme risk protective order as needed, but not to exceed 6 months, to effectuate service of the order where necessary to provide protection or for other good cause.

(3) If the court is closed on the day on which the temporary extreme risk protective order is due to expire, the temporary extreme risk protective order shall be effective until the second day on which the court is open, by which time the court shall hold a final extreme risk protective order hearing.

(d) The judge may proceed with a final extreme risk protective order hearing instead of a temporary extreme risk protective order hearing if:

(1) (i) the respondent appears at the hearing;

(ii) the respondent has been served with an interim extreme risk protective order; or

(iii) the court otherwise has personal jurisdiction over the respondent; and

(2) the petitioner and the respondent expressly consent to waive the temporary extreme risk protective order hearing.

§ 5-605

(a) A respondent under § 5–604 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final extreme risk protective order.

(b) (1) (i) The temporary extreme risk protective order shall state the date and time of the final extreme risk protective order hearing.

(ii) Except as provided in § 5–604(c) of this subtitle and subparagraph (iii) of this paragraph, or unless continued for good cause, the final extreme risk protective order hearing shall be held not later than 7 days after the temporary extreme risk protective order is served on the respondent.

(iii) On request of the respondent, a final extreme risk protective order hearing may be rescheduled for a date not later than 30 days after the date on which the hearing was initially scheduled.

(2) The temporary extreme risk protective order shall include notice to the respondent:

(i) in at least 10 point bold type, that if the respondent fails to appear at the final extreme risk protective order hearing, a final extreme risk protective order may be entered in the respondent’s absence and the respondent may be served by first–class mail at the respondent’s last known address with the final extreme risk protective order and all other notices concerning the final extreme risk protective order;

(ii) of the contents of a final extreme risk protective order;

(iii) that the final extreme risk protective order shall be effective for the period stated in the order, not to exceed 1 year, unless the judge extends the term of the order under § 5–606(a)(2) of this subtitle;

(iv) that the respondent may consult an attorney regarding any matter related to the order, and that an attorney should be contacted promptly so that the attorney may assist the respondent;

(v) of the requirements for surrendering firearms and ammunition in the respondent’s possession to law enforcement authorities;

(vi) of the process for reclaiming firearms and ammunition on the expiration or termination of the order; and

(vii) in at least 10 point bold type, that the respondent must notify the court in writing of any change of address.

(c) (1) If the respondent appears before the court at a final extreme risk protective order hearing or has been served with an interim or temporary extreme risk protective order or if the court otherwise has personal jurisdiction over the respondent, the judge:

(i) may proceed with the final extreme risk protective order hearing; and

(ii) may enter a final extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds by clear and convincing evidence that the respondent poses a danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

(2) In determining whether to enter a final extreme risk protective order under this section, the judge shall consider:

(i) all relevant evidence presented by the petitioner and respondent; and

(ii) the amount of time that has elapsed since any of the events described in the petition.

(3) The final extreme risk protective order shall:

(i) order the respondent to surrender to law enforcement authorities any firearm and ammunition in the respondent’s possession; and

(ii) prohibit the respondent from purchasing or possessing any firearm or ammunition for the duration of the interim extreme risk protective order.

(d) (1) Before granting, denying, or modifying a final extreme risk protective order under this section, the court may review all relevant open and shielded court records involving the petitioner and the respondent, including records of proceedings under:

(i) the Criminal Law Article;

(ii) Title 3, Subtitle 15 of the Courts Article;

(iii) Title 4, Subtitle 5 of the Family Law Article;

(iv) Title 10, Subtitle 6 of the Health – General Article; and

(v) this article.

(2) The court’s failure to review records under this subsection does not affect the validity of an order issued under this section.

(e) (1) A copy of the final extreme risk protective order shall be served on the petitioner, the respondent, the appropriate law enforcement agency, and any other person the judge determines is appropriate in open court or, if the person is not present at the final extreme risk protective order hearing, by first–class mail to the person’s last known address.

(2) (i) A copy of the final extreme risk protective order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final extreme risk protective order.

(ii) Service is complete on mailing.

(f) (1) Except as provided in paragraph (2) of this subsection, all relief granted in a final extreme risk protective order shall be effective for the period stated in the order, not to exceed 1 year.

(2) A subsequent circuit court order pertaining to any of the provisions included in the final extreme risk protective order shall supersede those provisions in the final extreme risk protective order.

§ 5-606

(a) (1) A final extreme risk protective order may be modified or rescinded during the term of the extreme risk protective order after:

(i) giving notice to all affected persons and the respondent; and

(ii) a hearing.

(2) For good cause shown, a judge may extend the term of a final extreme risk protective order for 6 months beyond the period specified in § 5–605(f) of this subtitle after:

(i) giving notice to all affected persons and the respondent; and

(ii) a hearing.

(3) (i) If, during the term of a final extreme risk protective order, a petitioner files a motion to extend the term of the order under paragraph (2) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.

(ii) If the hearing on the motion is scheduled after the original expiration date of the final extreme risk protective order, the court shall extend the order and keep the terms of the order in full force and effect until the hearing on the motion.

(b) (1) If a District Court judge grants or denies a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court for the county in which the District Court is located.

(2) An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court not later than 60 days after the date the appeal is filed.

(3) (i) If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court.

(ii) Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.

§ 5-607

In accordance with the provisions of § 1–203 of the Criminal Procedure Article, on application by a State’s Attorney or a law enforcement officer with probable cause to believe that a respondent who is subject to an extreme risk protective order possesses a firearm and failed to surrender the firearm in accordance with the order, a court may issue a search warrant for the removal of the firearm at any location identified in the application for the warrant.

§ 5-608

(a) (1) A law enforcement officer who takes possession of a firearm or ammunition in accordance with an extreme risk protective order shall, at the time the firearm or ammunition is surrendered or seized:

(i) issue a receipt identifying, by make, model, and serial number, all firearms and ammunition that have been surrendered or seized;

(ii) provide a copy of the receipt to the respondent;

(iii) retain a copy of the receipt; and

(iv) provide information to the respondent on the process for retaking possession of the firearms and ammunition on the expiration or termination of the order.

(2) A law enforcement agency shall transport and store any firearm surrendered or seized in accordance with an extreme risk protective order:

(i) in a protective case, if one is available; and

(ii) in a manner intended to prevent damage to the firearm during the time the extreme risk protective order is in effect.

(3) A law enforcement agency may not place any mark on a seized or surrendered firearm for identification or other purposes.

(b) (1) On expiration or termination of an extreme risk protective order, a law enforcement agency that holds any firearm or ammunition surrendered or seized in accordance with the expired or terminated order shall notify the respondent that the respondent may request the return of the firearm or ammunition.

(2) A law enforcement agency shall return a firearm or ammunition to a respondent only after the law enforcement agency verifies that the respondent is not otherwise prohibited from possessing the firearm or ammunition.

(3) Subject to paragraph (2) of this subsection, on request of the respondent, a law enforcement agency shall return all firearms and ammunition belonging to the respondent not later than:

(i) 14 days after the expiration of an interim or temporary extreme risk protective order;

(ii) 14 days after a court terminates a final extreme risk protective order; or

(iii) 48 hours after the expiration of a final extreme risk protective order.

(c) (1) A respondent who does not wish to recover a firearm or ammunition seized or surrendered in accordance with an extreme risk protective order, or who is prohibited from possessing firearms or ammunition under this title, may:

(i) sell or transfer title to the firearm or ammunition to:

1. a licensed firearms dealer; or

2. another person who is not prohibited from possessing the firearm or ammunition under State or federal law and who does not live in the same residence as the respondent; or

(ii) request the destruction of the firearm or ammunition.

(2) A law enforcement agency shall transfer possession of a firearm or ammunition to a licensed firearms dealer or a person described in paragraph (1)(i)2 of this subsection only after:

(i) the licensed firearms dealer or other person provides written proof that the respondent has agreed to transfer the firearm or ammunition to the dealer or person; and

(ii) the law enforcement agency verifies the agreement with the respondent.

(3) On request of the respondent, a law enforcement agency may destroy firearms or ammunition seized or surrendered in accordance with an extreme risk protective order.

(d) If an individual other than the respondent claims ownership of a firearm or ammunition seized or surrendered in accordance with an extreme risk protective order, the law enforcement agency shall return the firearm or ammunition to the individual if:

(1) the individual provides proof of ownership of the firearm or ammunition; and

(2) the law enforcement agency determines that the individual is not prohibited from possessing the firearm or ammunition.

(e) If a firearm or ammunition is not reclaimed within 6 months after the provision of notice to a respondent under subsection (b) of this section:

(1) no party shall have the right to assert ownership of the firearm or ammunition; and

(2) the law enforcement agency holding the firearm or ammunition may destroy the firearm or ammunition.

§ 5-609

(a) An interim extreme risk protective order, temporary extreme risk protective order, and final extreme risk protective order issued under this subtitle shall state that a violation of the order may result in:

(1) criminal prosecution; and

(2) imprisonment or fine or both.

(b) A temporary extreme risk protective order and final extreme risk protective order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.

§ 5-610

(a) A person who fails to comply with the provisions of an interim extreme risk protective order, a temporary extreme risk protective order, or a final extreme risk protective order under this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both; and

(2) for a second or subsequent offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

(b) A law enforcement officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an interim, temporary, or final extreme risk protective order in effect at the time of the violation.

Subtitle 7

§ 5-701

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

(b) “Antique firearm” has the meaning stated in § 4–201 of the Criminal Law Article.

(c) “Federally licensed firearms dealer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms.

(d) “Federally licensed firearms importer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms.

(e) “Federally licensed firearms manufacturer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to manufacture firearms.

(f) “Firearm” has the meaning stated in § 5–101 of this title.

(g) “Secretary” means the Secretary of State Police or the Secretary’s designee.

(h) “Unfinished frame or receiver” means a forged, cast, printed, extruded, or machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm.

§ 5-702

This subtitle does not apply to:

(1) a firearm that:

(i) was manufactured before October 22, 1968; or

(ii) is an antique firearm;

(2) a sale, an offer to sell, a transfer, or a delivery of a firearm or an unfinished frame or receiver to, or possession of a firearm or unfinished frame or receiver by:

(i) a federally licensed firearms dealer;

(ii) a federally licensed firearms manufacturer; or

(iii) a federally licensed firearms importer; or

(3) a transfer or surrender of a firearm or an unfinished frame or receiver to a law enforcement agency.

§ 5-703

(a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an unfinished frame or receiver unless it is required by federal law to be, and has been, imprinted with a serial number by a federally licensed firearms manufacturer or federally licensed firearms importer in compliance with all federal laws and regulations applicable to the manufacture and import of firearms.

(2) Except as provided in paragraph (1) of this subsection, a person may not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as described under subsection (b) of this section.

(b) (1) This subsection does not apply to:

(i) possession of a firearm unless a person knew or reasonably should have known that the firearm was not imprinted with a serial number as described under this subsection;

(ii) possession of a firearm that does not comply with the marking requirements described under this subsection by a person who received the firearm through inheritance, and is not otherwise prohibited from possessing the firearm, for a period not exceeding 30 days after inheriting the firearm; or

(iii) possession of an unfinished frame or receiver by a person that made or manufactured the unfinished frame or receiver, without the use of any prefabricated parts, and who is not otherwise prohibited from possessing the unfinished frame or receiver, for a period not exceeding 30 days after the person made or manufactured the unfinished frame or receiver.

(2) On or after March 1, 2023, a person may not possess a firearm unless:

(i) the firearm is required by federal law to be, and has been, imprinted by a federally licensed firearms manufacturer, federally licensed firearms importer, or other federal licensee authorized to provide marking services, with a serial number in compliance with all federal laws and regulations applicable to the manufacture and import of firearms; or

(ii) the firearm:

1. has been imprinted by a federally licensed firearms dealer, federal firearms manufacturer, or other federal licensee authorized to provide marking services, with:

A. the zip code of the current owner or person that made, completed, or initially assembled the firearm;

B. the initials of the current owner or person that made, completed, or initially assembled the firearm; and

C. a number that does not match a number used by the current owner on another firearm or by the person who made, completed, or initially assembled the firearm on any other firearm that the person has made, completed, or initially assembled; and

2. has been registered with the Secretary.

(c) (1) A person who violates subsection (a) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(2) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.

(3) Each violation of this section is a separate crime.

(d) A federally licensed firearms dealer or other federal licensee authorized to provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section shall imprint the firearm in compliance with all federal laws and regulations applicable to affixing serial numbers to firearms, including:

(1) minimum size and depth requirements; and

(2) requirements that the numbers not be readily susceptible to being obliterated, altered, or removed.

§ 5-704

(a) The Secretary shall maintain a system to register firearms imprinted with serial numbers under § 5–703(b)(2)(ii) of this subtitle.

(b) Registration data provided for registration is not open to public inspection.

(c) For each fiscal year, the Governor shall include in the annual State budget an appropriation of at least $150,000 to fund registration activities conducted by the Secretary under this section.

§ 5-705

The Secretary may adopt regulations to carry out the provisions of this subtitle.

§ 5-706

Nothing in this subtitle may be construed in a manner that abridges or otherwise limits a person’s right against self–incrimination under the United States Constitution or the Maryland Declaration of Rights.

Subtitle 8

§ 5-801

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

(b) “Center” means the Maryland State Police Gun Center.

(1) used in the commission of a crime of violence, as defined in § 5–101 of this title; or

(2) recovered by a law enforcement agency in connection with illegal firearm possession, transportation, or transfer.

(d) “Department” means the Department of State Police.

(e) “Federally licensed firearms dealer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms.

(f) “Federally licensed firearms importer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms.

(g) “Final protective order” has the meaning stated in § 4–501 of the Family Law Article.

(h) “Law enforcement agency” has the meaning stated in § 3–201 of this article.

§ 5-802

(a) The Center is established within the Department as a statewide firearms enforcement center for the tracking, screening, and vetting of all:

(1) firearm crimes committed in the State; and

(2) firearms surrendered under final protective orders in the State.

(b) This subtitle shall be liberally construed and applied to promote its underlying purposes and policies.

§ 5-803

(a) The Center shall create and maintain a statewide database to track information on crimes committed with crime firearms and firearms surrendered under final protective orders in the State.

(b) Each law enforcement agency shall report to the Center the following information on crimes committed in the jurisdiction of the law enforcement agency with crime firearms:

(1) the number and type of crime firearms;

(2) the jurisdictions where crime firearms are recovered;

(3) the sources of the crime firearms recovered, if discoverable, including:

(i) the federally licensed firearms importer;

(ii) the federally licensed firearms dealer; and

(iii) the first purchaser of the crime firearm;

(4) information regarding the individual found in possession of the crime firearm, including:

(i) the individual’s age;

(ii) the individual’s jurisdiction of residence;

(iii) the jurisdiction where the individual is charged; and

(iv) whether the individual was prohibited from possessing a firearm; and

(5) any other information requested by the Center.

(c) Each law enforcement agency shall report to the Center the following information on firearms surrendered under final protective orders issued in the jurisdiction of the law enforcement agency:

(1) the number and type of firearms;

(2) the jurisdictions where firearms are surrendered; and

(3) information regarding the individual who surrendered each firearm, including:

(i) the individual’s age;

(ii) the individual’s jurisdiction of residence; and

(iii) any other information requested by the Center.

(d) The Center may require a law enforcement agency to report any other information relating to firearm crimes committed in the jurisdiction of the law enforcement agency to assist the Center in the tracking of firearm crimes committed in the State.

(e) The Center shall designate how often law enforcement agencies are required to report the information required under this section.

§ 5-804

(a) The Center shall coordinate with the Department and law enforcement agencies to screen and vet all firearm crimes committed in the State by:

(1) determining whether an individual charged with a firearm crime was prohibited from possessing a firearm; and

(2) recommending specific firearm charges to ensure that an individual charged with a firearm crime is appropriately charged.

(b) The Center shall assist the Department and law enforcement agencies with firearm enforcement and firearm violation reduction efforts.

§ 5-805

Beginning in 2023, and each year thereafter, the Governor shall include in the annual State budget an appropriation sufficient to fund the operations of the Center.

Title 6

Subtitle 1

§ 6-101

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

(b) “Commission” means the State Fire Prevention Commission.

(d) “Secretary” means the Secretary of State Police.

Subtitle 2

§ 6-201

There is a State Fire Prevention Commission in the Department.

§ 6-202

(a) (1) The Commission consists of nine members.

(2) Of the nine members of the Commission:

(i) one shall be a member of a career fire company;

(ii) three shall be members of volunteer fire companies;

(iii) one shall be an architect or engineer;

(iv) one shall be a building contractor;

(v) two shall be representatives of industry; and

(vi) one shall be a member of the public.

(3) Of the nine members of the Commission:

(i) one shall reside in Western Maryland, which is the region that consists of Allegany, Carroll, Frederick, Garrett, and Washington counties;

(ii) one shall reside in Central Maryland, which is the region that consists of Baltimore, Harford, and Howard counties;

(iii) one shall reside in Southern Maryland, which is the region that consists of Anne Arundel, Calvert, Charles, and St. Mary’s counties;

(iv) one shall reside in the Washington Metropolitan Area, which is the region that consists of Montgomery and Prince George’s counties;

(v) one shall reside on the Eastern Shore, which is the region that consists of Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; and

(vi) four shall represent the State at large.

(4) The Secretary shall appoint the members with the approval of the Governor.

(b) Each member shall have experience and training to deal with the matters that are the responsibilities of the Commission.

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

(3) At the end of a term, a 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 rest of the term and until a successor is appointed and qualifies.

(5) A member may not serve more than 2 terms.

(d) With the approval of the Governor, the Secretary may remove a member for neglect of duty or other sufficient cause.

§ 6-203

(a) The Commission shall elect a chairman and vice chairman from among its members.

(b) If the chairman is absent, the vice chairman shall exercise the powers and perform the duties of the chairman.

§ 6-204

(a) (1) A majority of the authorized membership of the Commission is a quorum.

(2) The Commission may not do business unless:

(i) there is a quorum; and

(ii) either the chairman or vice chairman is present.

(b) The Commission shall meet:

(1) at least once every 2 months; and

(2) when called by the chairman or the Secretary.

(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.

§ 6-205

(a) The Commission may make recommendations to the Secretary about the daily operations of the office of State Fire Marshal, including recommendations about budget and personnel matters, but the Commission does not have direct line authority over the administration of the office of State Fire Marshal.

(b) The Commission may issue subpoenas and administer oaths in connection with any public hearing held under this title.

(c) On or before September 30 of each year, the Commission shall transmit to the Governor and the Secretary an annual report of the Commission’s activities.

(d) At least once each year, the Commission shall promote and conduct seminars, conferences, workshops, and meetings to inform the public and fire fighting personnel of the latest techniques in:

(1) fire prevention programs and procedures;

(2) life safety measures;

(3) changes in the State Fire Prevention Code; and

(4) development of improved fire safety goals.

§ 6-206

(a) (1) (i) To protect life and property from the hazards of fire and explosion, the Commission shall adopt comprehensive regulations as a State Fire Prevention Code.

(ii) The State Fire Prevention Code shall comply with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection.

(iii) The State Fire Prevention Code has the force and effect of law in the political subdivisions of the State.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the regulations adopted under this subsection do not apply to existing installations, plants, or equipment.

(ii) If the Commission determines that an installation, plant, or equipment is a hazard so inimicable to the public safety as to require correction, the regulations adopted under this subsection apply to the installation, plant, or equipment.

(b) (1) The Commission shall adopt regulations to establish and administer a fee schedule for:

(i) reviewing building plans to ensure compliance with the State Fire Prevention Code; and

(ii) conducting inspections in accordance with Subtitle 3 of this title.

(2) The Commission shall review the fee schedule annually to ensure that the money collected at least covers the costs of administering plan review and conducting inspections.

(3) This subsection does not limit the authority of a local authority to establish a fee schedule for plan review and inspections conducted by the local authority.

(2) (i) The Commission shall publish notice of the hearing at least 15 days before the hearing in a newspaper of general circulation in the State.

(ii) At the same time, the Commission shall send a copy of the notice to each person who has filed a request for notification with the Commission.

(iii) The notice shall contain the time, place, and subject of the hearing and the place and times to examine the proposed regulation.

(d) (1) The State Fire Prevention Code establishes the minimum requirements to protect life and property from the hazards of fire and explosion.

(2) If a State or local law or regulation is more stringent than the State Fire Prevention Code, the more stringent law or regulation governs if the more stringent law or regulation is:

(i) not inconsistent with the State Fire Prevention Code; and

(ii) not contrary to recognized standards and good engineering practices.

(3) If there is a question whether a State or local law or regulation governs, the decision of the Commission determines:

(i) which law or regulation governs; and

(ii) whether State and local officials have complied with the State Fire Prevention Code.

(e) The Commission shall make available for public information a copy of the State Fire Prevention Code, and any amendments to the State Fire Prevention Code, in each county courthouse in the State.

§ 6-207

The exercise of all powers and authority and the performance of all duties and functions vested in the Commission under this article are subject to the powers and authority of the Secretary set forth in Title 2 of this article or elsewhere in State law.

Subtitle 3

§ 6-301

There is an office of State Fire Marshal in the Department.

§ 6-302

(a) The Secretary shall appoint a State Fire Marshal from a list of three names submitted by the Commission.

(b) The State Fire Marshal shall:

(1) be a graduate of an accredited college or university; and

(2) have 5 years of recent progressively responsible experience, at least 3 years of which shall have been at the administrative level, in fire prevention inspection, fire investigation, fire safety promotion, fire protection engineering, fire fighting, or teaching fire safety engineering.

(d) The State Fire Marshal is in the executive service of the State Personnel Management System.

(e) (1) At any time, the Secretary may remove the State Fire Marshal for neglect of duty or other conduct unbecoming the office.

(2) The Commission may recommend to the Secretary that the State Fire Marshal be removed for cause.

(3) (i) Before removing the State Fire Marshal, the Secretary shall give the State Fire Marshal:

1. timely notice with a statement of the charges; and

2. an opportunity for a public hearing on the charges.

(ii) The State Fire Marshal may be represented at the hearing by counsel.

(f) The State Fire Marshal is entitled to the salary provided in the State budget.

§ 6-303

(a) The State Fire Marshal may employ a staff in accordance with the State budget.

(b) (1) The full time investigative and inspection assistants in the office shall be known as deputy State fire marshals.

(2) Deputy State fire marshals shall meet the minimum qualifications and complete the training required by the Police Training and Standards Commission for a police officer.

(3) The qualification and training requirements of paragraph (2) of this subsection do not apply to the fire inspectors and fire investigators of the political subdivisions of the State.

(2) The minimum qualifications for a civilian employee shall be completion of the National Fire Protection Association Standard 1031.

§ 6-304

(a) (1) A county or municipal corporation of the State may designate a fire marshal or appropriate fire official to serve as assistant State fire marshal to carry out this title, including issuing orders, in that county or municipal corporation.

(2) An assistant State fire marshal may not receive compensation from the State.

(3) The State Fire Marshal shall carry out this title in a county or municipal corporation that has not designated an assistant State fire marshal.

(b) (1) An assistant State fire marshal shall have at least completed National Fire Protection Association (NFPA) Standard 1031 - Fire Inspector I, or the equivalent, as determined by the State Fire Marshal.

(2) The State Fire Marshal may administer an examination based on NFPA Standard 1031 before designating an individual as an assistant State fire marshal.

(i) a law enforcement officer involved in arson investigations;

(ii) any other suitable individual who meets the standards established under this section; or

(iii) on the advice of an assistant State fire marshal, a member of a fire department if:

1. the designee is a full-time employee of the fire department;

2. the designee performs fire inspections or fire investigations for the fire department; and

3. the fire department is organized and operates in the State.

(2) A special assistant State fire marshal serves at the pleasure of the State Fire Marshal.

(3) A special assistant State fire marshal may not receive compensation from the State.

(4) Each special assistant State fire marshal shall assist the State Fire Marshal in carrying out the duties of the State Fire Marshal under this title.

(d) The Commission may remove an assistant or special assistant State fire marshal for just cause by a majority decision:

(1) on the recommendation of the State Fire Marshal; and

(2) after an administrative hearing.

§ 6-305

(a) The State Fire Marshal shall enforce:

(1) all laws of the State that relate to:

(i) the prevention of fire;

(ii) the storage, sale, and use of explosives, combustibles, or other dangerous articles, in solid, liquid, or gaseous form;

(iii) the installation and maintenance of all kinds of equipment intended to control, detect, or extinguish fire;

(iv) the means and adequacy of exit, in case of fire, from buildings and all other places in which individuals work, live, or congregate, except buildings that are used solely as dwelling houses for no more than two families; and

(v) the suppression of arson;

(2) the regulations adopted by the Commission under Subtitle 2 of this title; and

(3) any requirements relating to the installation of automatic sprinkler systems in new one– and two–family dwellings.

(b) By delegation of authority vested in the Commission and within policy established by the Commission, the State Fire Marshal shall implement fire safety programs in the State to minimize fire hazards and disasters and loss of life and property from these causes, including:

(1) the establishment and enforcement of fire safety practices throughout the State;

(2) preventive inspection and correction activities;

(3) coordination of fire safety programs with volunteer and career fire companies and other State agencies and political subdivisions exercising enforcement aspects; and

(4) critical analysis and evaluation of State fire loss statistics to determine problems and solutions.

(1) a chief of a fire company or department;

(2) a legally designated fire marshal of a county or municipal corporation; or

(3) a unit or agency of the State or a county or municipal corporation.

(d) (1) The State Fire Marshal, assistant State fire marshals, and special assistant State fire marshals shall develop for each property owned or leased by the State:

(i) fire safety procedures, including fire drills at least quarterly; and

(ii) emergency evacuation procedures.

(2) Information about fire safety and emergency evacuation procedures shall be available to all State employees on request.

(3) The State Fire Marshal shall require the State unit exercising control over the property owned or leased by the State to keep records of fire drills or other exercises that relate to fire safety and emergency evacuation procedures conducted in the property.

(e) The State Fire Marshal may issue permits and licenses as required under this article.

(f) On request, the State Fire Marshal may assist police and fire authorities to dispose of hazardous devices and substances.

§ 6-306

(a) (1) Subject to Title 10, Subtitle 2 of the Criminal Procedure Article, a fire department or rescue squad of the State or a political subdivision of the State, a volunteer fire company or rescue squad, or an ambulance service licensed under § 13-515 of the Education Article may request the State Fire Marshal or other authorized agency that has access to the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services to conduct an initial criminal history records check on an applicant for employment or appointment as a volunteer or career firefighter, rescue squad member, or paramedic.

(2) The request shall be made on the form required by the State Fire Marshal.

(b) (1) An applicant for employment or appointment as a volunteer or career firefighter, rescue squad member, or paramedic shall provide a classifiable set of fingerprints in accordance with paragraphs (2) and (3) of this subsection:

(i) for submission to the Criminal Justice Information System Central Repository for a criminal history records check; and

(ii) for forwarding to the Federal Bureau of Investigation for a national criminal history records check.

(2) The applicant shall provide the fingerprints on a form approved by the Director of the Criminal Justice Information System Central Repository.

(3) (i) On request of the State Fire Marshal or an appropriate authority designated by rule of the State Fire Marshal, the applicant shall provide the fingerprints to the State Fire Marshal or the designated authority.

(ii) In a jurisdiction that has designated an assistant State fire marshal, on request of the assistant State fire marshal an applicant in the jurisdiction shall provide the fingerprints to the assistant State fire marshal.

(c) A fire department or rescue squad operated by the State or a political subdivision of the State or a volunteer fire company or rescue squad may obtain conviction and arrest records produced by a criminal history records check based on a classifiable set of fingerprints.

(d) A volunteer or career fire company or rescue squad may consider the existence of a criminal conviction in determining whether to employ or appoint an applicant.

§ 6-307

(a) (1) The State Fire Marshal shall inspect for fire exits and reasonable safety standards:

(i) all institutions owned by the State or a county or municipal corporation; and

(ii) all schools, theaters, churches, and other places of public assembly.

(2) The State Fire Marshal shall report the findings of an inspection and any recommendations to the individual in charge of the institution or other place that was inspected.

(b) (1) This subsection does not apply to a building or premises actually occupied as a private dwelling.

(2) The State Fire Marshal may enter a building or premises within the jurisdiction of the State Fire Marshal at reasonable hours to conduct an inspection that the State Fire Marshal considers necessary under this subtitle.

(c) An individual, including an employee of the State Fire Marshal, may not give prior notice of an inspection authorized under this subtitle without the written approval of the State Fire Marshal or designee of the State Fire Marshal.

(d) (1) Subject to regulations adopted by the Commission, whenever the State Fire Marshal or designee of the State Fire Marshal inspects a place of employment, a representative of the employer and an authorized employee representative shall be given an opportunity to accompany the State Fire Marshal or designee during the inspection.

(2) If there is no authorized employee representative, the State Fire Marshal or designee shall consult with a reasonable number of employees about matters of safety and health in the place of employment.

(e) (1) In this subsection, “trade secret” means a confidential formula, pattern, device, or compilation of information that:

(i) is used in an employer’s business;

(ii) gives the employer an opportunity to obtain an advantage over competitors who do not know or use the information; and

(iii) is known only to the employer and those employees to whom it is necessary to confide the information.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, any information reported to or otherwise obtained by the State Fire Marshal or designee of the State Fire Marshal in connection with an inspection or proceeding under this subtitle that contains or might reveal a trade secret is confidential.

(ii) Information described in subparagraph (i) of this paragraph may be disclosed only:

1. to other officers or employees responsible for carrying out this subtitle; or

2. if relevant in a proceeding under this subtitle.

(3) In a proceeding under this subtitle, the State Fire Marshal, designee of the State Fire Marshal, or a court of competent jurisdiction, as applicable, shall issue appropriate orders to protect the confidentiality of a trade secret.

§ 6-308

(a) (1) Except as provided in paragraph (2) of this subsection, the State Fire Marshal shall collect the fees established by the Commission under § 6-206 of this title for conducting inspections.

(2) The State Fire Marshal may not collect a fee for inspecting property that is owned by:

(i) the State or a county or municipal corporation; or

(ii) a government-affiliated or volunteer fire, rescue, or emergency medical services entity.

(b) (1) (i) In this subsection, “plan review” means the review of all construction drawings and specifications for commercial and residential construction.

(ii) “Plan review” includes the review of site, architectural, mechanical, electrical, sprinkler, fire alarm, and special extinguishing systems drawings and specifications.

(2) This subsection does not apply to:

(i) construction of one- and two-family dwellings; or

(ii) construction for which plan review is conducted by the local authority.

(3) The State Fire Marshal shall collect the fees established by the Commission under § 6-206 of this title for reviewing building plans to ensure compliance with the State Fire Prevention Code.

(4) The fee for plan review shall be submitted with the plans.

(1) keep records of all fees collected under this section; and

(2) pay the money collected under this section into the General Fund.

§ 6-309

(a) At any time, the State Fire Marshal may investigate the origin or circumstances of a fire or explosion or an attempt to cause a fire or explosion that occurs in the State.

(b) At any time, the State Fire Marshal:

(1) may enter into and examine a building or premises where a fire is burning or where a fire or attempt to cause a fire has occurred;

(2) may enter into a building or premises adjacent to a building or premises where a fire or attempt to cause a fire has occurred; and

(3) may take full control and custody of the building or premises and place an individual that the State Fire Marshal considers proper in charge of the building or premises, until the examination and investigation of the State Fire Marshal is completed.

§ 6-310

(a) (1) The State Fire Marshal may:

(i) take the testimony under oath of any person suspected to know or to have the means to know any facts that relate to the matter that is the subject of the inspection or investigation; and

(ii) cause the testimony to be reduced to writing.

(2) The State Fire Marshal shall transmit a copy of the testimony taken under paragraph (1) of this subsection to the State’s Attorney for the county where the fire or explosion or attempt to cause a fire or explosion occurred.

(b) The State Fire Marshal may:

(1) issue subpoenas requiring the attendance of witnesses to testify in relation to any matter that is the subject of an investigation by the State Fire Marshal under this subtitle;

(2) issue subpoenas requiring the production of documents that relate to any matter that is the subject of an investigation by the State Fire Marshal under this subtitle; and

(3) administer oaths to witnesses.

(c) A person who testifies falsely under oath in a matter or proceeding of the State Fire Marshal under this subtitle is guilty of perjury and on conviction is subject to the penalties for perjury.

§ 6-311

(a) If in the judgment of the State Fire Marshal testimony taken under oath discloses that a fire or explosion or an attempt to cause a fire or explosion was of incendiary origin or was related to a destructive device, as defined in § 4-501 of the Criminal Law Article, the State Fire Marshal may arrest the suspected incendiary or cause the suspected incendiary to be arrested and charged.

(b) If on investigation the State Fire Marshal has probable cause to believe that a person has committed or has attempted to commit a crime that involves a fire, fire bombing, or false alarm, or that involves the possession or manufacture of destructive devices or explosive substances, fireworks, or fire bombs, the State Fire Marshal may arrest that person or cause the person to be arrested and charged.

§ 6-312

(a) At the request of the governing body of a county or municipal corporation of the State, the State Fire Marshal shall make a written report of the investigation of a fire that occurred within that county or municipal corporation.

(b) At the request of the owner or insurer of property destroyed or damaged by fire or explosion, or in which an attempt to cause a fire or explosion may have occurred, the State Fire Marshal shall make a written report of the result of the investigation regarding the property.

§ 6-315

(a) The State Fire Marshal, a designee of the State Fire Marshal, a full-time fire investigator who is a member of a fire department, or a police officer may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a vehicle, building, or premises where a fire has occurred to conduct a search to determine the cause and origin of the fire.

(b) An application under subsection (a) of this section shall:

(1) be in writing;

(2) be signed and sworn to by the applicant; and

(3) particularly describe the vehicle, building, or premises to be searched and the nature, scope, and purpose of the search to be performed by the applicant.

(1) a fire of undetermined origin has occurred;

(2) the scope of the proposed search is reasonable and will not intrude unnecessarily on the fire victim’s privacy;

(3) the search will be executed at a reasonable and convenient time; and

(4) the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort, the applicant has been unable to locate any of these individuals.

(d) (1) An administrative search warrant issued under this section shall specify the vehicle, building, or premises to be searched.

(2) The search conducted may not exceed the limits specified in the warrant.

(e) An administrative search warrant issued under this section shall be executed and returned to the judge who issued it within:

(1) the time specified in the warrant, not exceeding 30 days; or

(2) if no time period is specified in the warrant, 15 days after its issuance.

§ 6-316

(a) The State Fire Marshal, a designee of the State Fire Marshal, or a full-time fire prevention inspector who is employed by a fire department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a building or premises to conduct a fire prevention inspection.

(b) An application under subsection (a) of this section shall:

(1) be in writing;

(2) be signed and sworn to by the applicant; and

(3) particularly describe the building or premises to be searched and the nature, scope, and purpose of the search to be performed by the applicant.

(1) the applicant is authorized or required by law to make the inspection;

(2) the applicant has demonstrated that the inspection of the premises is sought as a result of:

(i) evidence of an existing violation of this article that relates to fire safety, the State Fire Prevention Code, or a local fire prevention code, if applicable; or

(ii) a general and neutral administrative plan to conduct fire prevention inspections;

(3) the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort, the applicant has been unable to locate any of these individuals; and

(4) the inspection is sought for safety related purposes.

(d) (1) An administrative search warrant issued under this section shall specify the building or premises to be searched.

(2) The inspection conducted may not exceed the limits specified in the warrant.

(e) An administrative search warrant issued under this section shall be executed and returned to the judge who issued it within:

(1) the time specified in the warrant, not exceeding 30 days; or

(2) if no time period is specified in the warrant, 15 days after its issuance.

(f) Information obtained in accordance with an administrative search warrant under this section is confidential and may not be disclosed except:

(1) to the extent used in an administrative or judicial proceeding that arises out of a violation that relates to the purpose for which the warrant was issued and within the scope of the warrant; or

(2) to an owner or occupant of the building or premises.

§ 6-317

(a) A person may not erect, construct, reconstruct, alter, maintain, or use a building, structure, or equipment or use land:

(1) in a way that endangers life or property due to the hazards of fire or explosion; or

(2) in violation of any regulation adopted by the Commission under § 6-206 of this title.

(b) Each day on which a violation of this section continues after knowledge or official notice of the violation is a separate offense.

§ 6-318

(a) The State Fire Marshal may issue a reasonable abatement order if the State Fire Marshal:

(1) determines that a building or structure has been constructed, altered, or repaired in a manner that violates a regulation adopted by the Commission before the construction, alteration, or repairs began;

(2) determines that a building or structure:

(i) is a fire hazard because of disrepair, age, dilapidated or abandoned condition, or for any other reason; and

(ii) endangers other buildings and property; or

(3) finds in a building or on premises a combustible, flammable, or explosive substance or material, or other condition dangerous to the safety of individuals who occupy the building or premises and adjacent premises or property.

(b) An abatement order under this section shall:

(1) be in writing;

(2) be directed to the owner or occupant of the building, structure, or premises; and

(3) contain a notice that:

(i) compliance with the order is required within the time specified in the notice; and

(ii) any person aggrieved by the order may file an appeal from the order in accordance with Subtitle 5 of this title.

(1) the repair or demolition of the building or structure or the removal of the combustible, flammable, or explosive substance or material; and

(2) the remedying of any condition found to be in violation of a regulation adopted by the Commission or to be dangerous to the safety of individuals or property.

§ 6-319

(a) An abatement order directed to the occupant of the premises shall be served within 5 days after the order is issued:

(1) by delivering a true copy of the order to the occupant or to an adult who is apparently in charge of the premises; or

(2) if no occupant or adult is found on the premises:

(i) by posting a true copy of the order in a conspicuous place on the door or other prominent entrance to the premises; and

(ii) 1. by mailing a copy of the order by certified mail, return receipt requested, to the occupant at the occupant’s last known address; or

2. if the address of the occupant is not known, by mailing a copy of the order by certified mail, return receipt requested, to the occupant in care of general delivery at the post office that serves the community where the premises are located.

(b) An abatement order directed to the owner of the premises shall be served within 5 days after the order is issued:

(1) by delivering a true copy of the order to the owner; or

(2) if the owner is absent from the State or the owner’s whereabouts are unknown to the State Fire Marshal:

(i) by posting a true copy of the order in a conspicuous place on the door or other prominent entrance to the premises; and

(ii) 1. by mailing a copy of the order by certified mail, return receipt requested, to the owner at the owner’s last known address; or

2. if the address of the owner is not known, by mailing a copy of the order by certified mail, return receipt requested, to the owner in care of general delivery at the post office that serves the community where the premises are located.

§ 6-320

(a) If an owner or occupant of a building, structure, or premises who is served with a copy of an abatement order in accordance with § 6-319 of this subtitle fails to comply with the order within 30 days after the order is issued, or within 30 days after a court’s affirmation of the order becomes final, the State Fire Marshal:

(1) may enter the building, structure, or premises affected by the order; and

(2) at the expense of the owner or occupant, may cause:

(i) the building, structure, or premises to be repaired or demolished;

(ii) the combustible, flammable, or explosive materials to be removed; and

(iii) the dangerous conditions to be remedied.

(b) If the owner or occupant fails to reimburse the State Fire Marshal for the expenses incurred by the State Fire Marshal under subsection (a) of this section within 30 days after written demand is mailed to the owner or occupant at the owner’s or occupant’s last known address, the State Fire Marshal may sue in the name of the State to recover the expenses, with interest, in a court of competent jurisdiction.

(c) (1) If the owner or occupant fails to comply with the abatement order after the period of time specified in subsection (a) of this section, the governing body of a county or municipal corporation may cooperate with the State Fire Marshal in repairing, demolishing, or otherwise remedying dangerous conditions in a building or structure in the county or municipal corporation.

(2) A lien shall attach to the property on which the building or structure stood in the amount of the expense of the work done by the county or municipal corporation.

§ 6-321

If a building, structure, or equipment is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used, or if land is or is proposed to be used in a way that endangers life or property due to the hazards of fire or explosion or in violation of this article or of any regulation adopted by the Commission under this article, the Commission, State Fire Marshal, or Attorney General may, in addition to other remedies provided by law, file an action for injunction, mandamus, or abatement or any other appropriate action to prevent, enjoin, abate, or remove the unlawful erection, construction, reconstruction, alteration, maintenance, or use.

§ 6-322

The exercise of all powers and authority and the performance of all duties and functions vested in the State Fire Marshal under this article are subject to the powers and authority of the Secretary set forth in Title 2 of this article or elsewhere in State law.

Subtitle 4

§ 6-401

The powers, duties, and jurisdiction conferred by this article on the Commission and the State Fire Marshal, and any code, regulation, or practice adopted by them under the authority of this article, apply in Baltimore City only to:

(1) properties owned or operated by the State;

(2) hospitals, nursing homes, and similar institutions that require State licensure; and

(3) the licensing of fire sprinkler contractors.

§ 6-402

On request of the chief of the Baltimore City Fire Department, the Commission and State Fire Marshal shall provide any assistance necessary to:

(1) enforce fire prevention regulations in Baltimore City; and

(2) investigate the cause or origin of a fire in Baltimore City.

§ 6-403

The Baltimore City Fire Department shall report to the appropriate agency any noncompliance with the fire prevention code or regulations of Baltimore City or the fire prevention requirements of the State or federal government:

(1) on property that is owned by the State; and

(2) in a hospital, nursing home, institution, or school that is licensed by the State or that receives any money from the State or federal government.

Subtitle 5

§ 6-501

An appeal to the Commission may be taken by:

(1) a person who is aggrieved by an order or decision of the State Fire Marshal made in the administration or enforcement of this article; or

(2) an officer, unit, or agency of the State or a political subdivision of the State that is affected by an order or decision of the State Fire Marshal made in the administration or enforcement of this article.

§ 6-502

The time within which an appeal under § 6-501 of this subtitle must be taken, and the effect, form, and other procedures that relate to the appeal, shall be as specified in regulations adopted by the Commission.

§ 6-503

A party who is aggrieved by a final decision of the Commission is entitled to judicial review of the decision as provided in Title 10, Subtitle 2 of the State Government Article.

Subtitle 6

§ 6-601

(a) A person may not knowingly violate this title or a regulation adopted by the Commission.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 days or a fine not exceeding $1,000 or both.

§ 6-602

(a) A person may not willfully interfere with or obstruct the State Fire Marshal, a deputy State fire marshal, or a special assistant State fire marshal while the State Fire Marshal, deputy State fire marshal, or special assistant State fire marshal:

(1) is fighting a fire, performing emergency service, or proceeding to a fire or other emergency; or

(2) is dispatched on a call for emergency service.

(b) A person may not willfully interfere with or obstruct the State Fire Marshal, a deputy State fire marshal, or a special assistant State fire marshal in the course of conducting an inspection or investigating a fire or explosion.

(c) A person may not, with fraudulent design on person or property, falsely represent that the person is a State fire marshal or a sworn employee of the office of State Fire Marshal.

(d) A person may not have, use, wear, or display without proper authority, for the purpose of deception, a uniform, shield, button, ornament, identification, or shoulder patch, or a simulation or imitation of these articles, adopted by the office of State Fire Marshal.

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years.

Title 7

Subtitle 1

§ 7-101

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

(b) “Fire, rescue, or emergency medical services entity” means:

(1) a governmental subdivision, by its appropriate designated authority;

(2) a board or fire commission of a fire department or governmental subdivision;

(3) a fire department;

(4) a fire company;

(5) a rescue squad; or

(6) an emergency medical services unit, including an entity that provides emergency medical services at any level.

(c) (1) “Mutual aid agreement” means an agreement to establish and carry out a plan to assist in extinguishing fires and preserving life and property by providing fire fighting, rescue, or emergency medical equipment, personnel, and services.

(2) “Mutual aid agreement” includes a reciprocal agreement entered into in accordance with this section and § 7–103 of this subtitle before July 1, 1989.

§ 7-102

This subtitle shall be liberally construed in order to effect its purpose to provide mutual aid for a fire, rescue, or emergency medical services entity in time of need.

§ 7-103

(a) A fire, rescue, or emergency medical services entity may enter into and renew a mutual aid agreement in accordance with this section with:

(1) Delaware;

(2) the District of Columbia;

(3) Pennsylvania;

(4) Virginia;

(5) West Virginia; or

(6) a fire, rescue, or emergency medical services entity of this State, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia.

(b) (1) Subject to paragraph (2) of this subsection, a mutual aid agreement may provide that a party that requests assistance under the mutual aid agreement indemnifies and holds harmless a party that provides assistance under the mutual aid agreement from any claim by a third party for property damage or personal injury that arises out of the mutual aid activities, including travel, of the party that provides assistance that occurs outside its own jurisdiction.

(2) The party that requests assistance need not indemnify the party that provides assistance if:

(i) the party that provides assistance does not cooperate in defending against a claim made by a third party; or

(ii) the claim by a third party arises out of a malicious act of the party that provides assistance.

(c) Each mutual aid agreement shall provide that each party to the mutual aid agreement shall waive any and all claims against all other parties to the mutual aid agreement if the claim arises out of the activities of a party outside its own jurisdiction under the mutual aid agreement.

§ 7-104

(a) A fire, rescue, or emergency medical services entity may enter into an agreement with the federal government in accordance with this section to provide fire fighting or rescue activities on property under the jurisdiction of the United States.

(b) An agreement entered into under this section shall be limited to the provision of fire fighting or rescue equipment and personnel or both.

(1) a waiver by each party of any claim against any other party for compensation for any loss, damage, personal injury, or death that occurs in the performance of the agreement;

(2) a provision to indemnify and hold harmless each party to the agreement from any claim by a third party for property damage or personal injury, within the limitations permitted by federal law, that arise out of the activities of each party to the agreement; and

(3) a provision that entitles the fire, rescue, or emergency medical services entity to obtain reimbursement from the appropriate federal authority for all or part of the cost of providing fire protection on property under the jurisdiction of the United States in accordance with federal law.

(d) If an individual engaging in an activity authorized under this section sustains an injury that arises out of the activity, the individual is entitled to any or all benefits available under the Maryland Workers’ Compensation Act as the primary remedy for reimbursement of expenses for medical bills, loss of earnings, and disability that arises under or as a result of this section.

§ 7-105

(a) Each fire department in the State may have members trained in response measures that involve fire and other emergency techniques including, if approved by the Secretary of State Police, the use of helicopters or other equipment of the Department of State Police.

(b) On request of a fire chief at any location in the State, a firefighter or member of the Department of State Police who has been trained in the response measures described in subsection (a) of this section may function at that location.

§ 7-106

For purposes of a workers’ compensation or other law or benefit that would accrue to an individual, career or volunteer, who is performing a service anywhere for a fire, rescue, or emergency medical services entity under a mutual aid agreement, the individual is considered to have performed that service in the course of employment and in the line of duty.

§ 7-107

Necessary expenditures for purposes of this subtitle shall be made out of any appropriations usually available to a fire, rescue, or emergency medical services entity.

Subtitle 2

§ 7-201

In Part I of this subtitle, “Board” means the Board of Trustees of the Maryland State Firefighters Association.

§ 7-202

(a) (1) A member of a volunteer fire company or volunteer rescue squad is eligible for disability benefits from the Maryland State Firefighters Association if:

(i) the member’s fire company or rescue squad recommends that the member receive benefits; and

(ii) the member is permanently or temporarily disabled:

1. as a direct result of actively participating in fighting a fire;

2. while going to or from a fire;

3. while performing other duties necessary to the operation or maintenance of the fire company;

4. while actively participating in the emergency medical services unit, or rescue work of a volunteer advanced life support unit or a volunteer fire, ambulance, or rescue company located in the State; or

5. while providing emergency or rescue assistance, whether acting alone or at the direction of or with a fire, ambulance, or rescue company or advanced life support unit.

(2) A benefit under this section shall be paid:

(i) regardless of the district in which the beneficiary was disabled; or

(ii) regardless of whether the beneficiary was disabled in this State, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia.

(b) The Board shall pay a benefit under this section from the treasury of the Maryland State Firefighters Association in the amount and in the manner that the Board determines until the beneficiary is no longer disabled.

(c) The secretary of the Board shall add the name of each beneficiary under this section to the Disabled Firefighter’s and Rescue Squad Person’s List.

§ 7-203

(a) (1) The Board shall pay death benefits under this section if a member of a volunteer fire company or member of a volunteer rescue squad dies:

(i) as a direct result of actively participating in fighting a fire;

(ii) while going to or from a fire;

(iii) while performing other duties necessary to the operation or maintenance of the fire company;

(iv) while actively participating in the ambulance, advanced life support, or rescue work of a volunteer advanced life support unit or volunteer fire, ambulance, or rescue company located in the State; or

(v) while providing emergency or rescue assistance, whether acting alone or at the direction of or with a fire, ambulance, or rescue company or advanced life support unit.

(2) A benefit under this subsection shall be paid:

(i) regardless of the district in which the decedent died; or

(ii) regardless of whether the decedent died in this State, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia.

(b) (1) The Board shall pay a benefit under this section from the treasury of the Maryland State Firefighters Association in the amount that the Board determines, but not less than $2,000.

(2) The Board shall pay a benefit under this subsection:

(i) to the decedent’s surviving spouse or dependent child;

(ii) if no individual is eligible under item (i) of this paragraph, to the decedent’s surviving dependent parent;

(iii) if no individual is eligible under item (i) or (ii) of this paragraph, to each surviving child of the decedent in equal shares;

(iv) if no individual is eligible under item (i), (ii), or (iii) of this paragraph, to the decedent’s surviving parent; or

(v) if no individual is eligible under item (i), (ii), (iii), or (iv) of this paragraph, to each surviving sister, brother, or grandparent of the decedent in equal shares.

(i) until the surviving spouse remarries, the surviving spouse is entitled to receive a pension from the Maryland State Firefighters Association; and

(ii) until the dependent child becomes an adult, each dependent child is entitled to receive a pension from the Maryland State Firefighters Association.

(2) The Board shall pay a benefit under this subsection from the treasury of the Maryland State Firefighters Association in the amount, at the times, and in the installments that the Board determines.

(3) The secretary of the Board shall add the name of each beneficiary under this subsection to the Disabled Firefighter’s and Rescue Squad Person’s List.

§ 7-204

(a) The Governor shall include in the State budget each year at least $55,000:

(1) for the purposes set forth in §§ 7-202 and 7-203 of this subtitle; and

(2) for scholarships for children of members of volunteer fire companies or volunteer rescue squads who are killed or disabled in the line of duty, as provided in § 18-602 of the Education Article.

(b) The Board:

(1) shall administer the money provided under subsection (a) of this section; and

(2) may not use it for administrative costs.

§ 7-205

A member of a volunteer fire company or rescue squad who is engaged in a fire fighting or rescue activity with an organized fire or rescue company is considered to be on duty during the activity for the purposes of the Federal Public Safety Officers’ Benefits Act of 1976.

§ 7-208

In Calvert County, the fire and rescue commission shall administer a length of service award program for members of volunteer fire companies and rescue squads, as provided in Title 14 of the Code of Public Local Laws of Calvert County.

§ 7-209

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

(2) “Board” means the Board of County Commissioners of Cecil County.

(3) “Program” means the Volunteer Length of Service Award Program.

(b) In Cecil County, the Board may establish and fund a Volunteer Length of Service Award Program for qualified members of volunteer fire departments, rescue squads, and ambulance corps.

(2) In the bylaws, the Board may:

(i) define terms;

(ii) establish eligibility requirements for certification procedures based on length of service, number of hours of service, amount of training, number of hours of training, prior service, or any other criteria considered relevant by the Board based on requirements and procedures recommended by the Cecil County Firemen’s Association;

(iii) establish appeals procedures for members who contest eligibility requirement determinations by the Board;

(iv) establish a benefits schedule and determine eligibility requirements, including age and length of service requirements;

(v) delegate record–keeping responsibilities of the Program to the Program administrative committee of the Cecil County Firemen’s Association;

(vi) delegate administration of the Program to the Cecil County treasurer, a committee or board, an insurer, a financial institution, or any other agency, group, or organization that the Board determines is competent to administer the Program;

(vii) subject to paragraph (3) of this subsection, establish disability, death, and survivor benefits for qualified individuals;

(viii) establish any other requirements, criteria, or benefits considered by the Board to be in the best interest of Cecil County and the best interest of the volunteer fire departments, rescue squads, and ambulance corps;

(ix) subject to paragraph (4) of this subsection, allocate from the general revenue of Cecil County or from any other source, funds for the Program; and

(x) establish any other provision for the administration of the Program.

(3) A surviving spouse benefit is discontinued when the survivor remarries.

(4) Funds for the Program allocated from the general revenue of Cecil County may not exceed:

(i) $35,000 during the first year of the Program;

(ii) $39,000 during the second year of the Program;

(iii) $44,000 during the third year of the Program;

(iv) $49,000 during the fourth year of the Program;

(v) $55,000 during the fifth year of the Program; and

(vi) an additional $10,000 for each additional year of the Program or whatever amount would make the Program actuarially sound by July 1, 2014.

(d) To carry out this section, the Board shall adopt the following provisions as part of the Program:

(1) a member who has certified credit volunteer service on or after January 1, 1979 or who discontinued active volunteer service before January 1, 1979 may receive credit for this service after being certified in accordance with this section to have performed 5 years of active volunteer service after January 1, 1979;

(2) a member who has completed 25 years of certified volunteer service and is under the age of 60 years may be qualified and will be eligible for benefits when the member reaches the age of 60 years if the member is certified to the 25 years of qualified service before January 1, 1984;

(3) after January 1, 1984, and on or before June 30, 2008, a member who accumulates the proper number of points needed to qualify and certify for 25 years of service and who fails to remain active or maintain membership in a volunteer fire company is not disqualified or otherwise restricted from receiving benefits at the age of 60 years; and

(4) on or after July 1, 2008, a member who accumulates the proper number of points needed to qualify and certify for 25 years of service may receive benefits at the age of 55 years.

§ 7-210

In Charles County, the County Commissioners shall administer the length of service award program for members of volunteer fire companies, rescue squads, and mobile intensive care units, as provided in §§ 54-8 through 54-11 of the Code of Public Local Laws of Charles County.

§ 7-211

(a) To encourage volunteer service in Frederick County, the governing body of Frederick County may enact a monetary service award plan based on length of service for members of volunteer fire companies in Frederick County.

(b) The governing body of Frederick County may implement the plan by enacting an ordinance that relates to the provisions and implementation of the plan.

§ 7-212

The Board of County Commissioners of St. Mary’s County may:

(1) establish a length of service award program for qualified members of volunteer fire departments and rescue squads; and

(2) adopt bylaws for the program by resolution.

§ 7-212.1

By resolution or ordinance, the Board of County Commissioners for Somerset County may establish and fund a volunteer service award program for qualified members of volunteer fire departments, ambulance companies, and rescue squads.

§ 7-213

By resolution or ordinance, the Washington County Commissioners may establish and fund a volunteer length of service award program for qualified members of volunteer fire departments, rescue squads, and ambulance corps.

Subtitle 3

§ 7-301

In this subtitle, “commanding officer” means the captain, chief, or other officer in charge of a fire company or ambulance company.

§ 7-302

(a) This section applies only to Baltimore County, Dorchester County, and Queen Anne’s County.

(b) The sheriff of a county subject to this section may appoint as deputy sheriffs members of fire companies, whether volunteer, career, incorporated, or unincorporated, to exercise the powers of deputy sheriffs at fires and while going to and from fires.

(2) The commanding officer may be one of the three members designated under this subsection.

(d) (1) The sheriff of a county subject to this section shall appoint as deputy sheriff a member of the fire company designated under subsection (c) of this section on request of the designated member.

(2) A request for appointment shall be accompanied by a written certificate of designation signed by the commanding officer.

(e) (1) Except as provided in paragraph (2) of this subsection, a member of a fire company appointed as deputy sheriff under this section may exercise the powers of deputy sheriffs at fires and while going to and from fires.

(2) The powers of members appointed as deputy sheriffs do not apply and may not be exercised in a municipal corporation that maintains an organized police force.

(f) (1) The appointment of a member of a fire company as deputy sheriff terminates if the member ceases to be a member of the fire company.

(2) The sheriff of a county subject to this section may remove a member appointed as deputy sheriff at any time for just cause.

(3) If a member appointed as deputy sheriff dies, resigns, is dismissed, refuses to serve, or is unable to serve, the commanding officer may designate another member of the fire company to be appointed as deputy sheriff.

(4) If the commanding officer designates another member of the fire company to be appointed as deputy sheriff, the sheriff of the county shall appoint that member as deputy sheriff, subject to subsections (d) and (e) of this section.

§ 7-303

(a) (1) This section applies only to Allegany County, Caroline County, Carroll County, Dorchester County, Frederick County, Harford County, Kent County, Somerset County, Talbot County, Wicomico County, and Worcester County.

(2) Except as modified by this section, the provisions of § 7–302 of this subtitle apply to this section.

(b) (1) Except as provided in paragraph (2) of this subsection, the commanding officer may designate 12 members of a fire company to be appointed as deputy sheriffs.

(2) In Harford County, the commanding officer may designate 20 members of a fire company to be appointed as deputy sheriffs.

(c) (1) The sheriff of a county subject to this section may require a member of a fire company appointed as deputy sheriff to demonstrate a satisfactory level of training in those areas of law enforcement commensurate with the duties of deputy sheriff described in this section.

(2) If the sheriff requires demonstration of a satisfactory level of training, then the sheriff must provide the training, at a time and place that the sheriff considers suitable.

(d) (1) The powers of members of fire companies appointed as deputy sheriffs under this section are limited to those necessary to perform the duties of deputy sheriffs while functioning at:

(i) parades;

(ii) accidents;

(iii) floods;

(iv) other emergencies; or

(v) public events conducted by or under the auspices of a fire company or the sheriff’s department.

(2) The powers authorized under this subsection may be exercised:

(i) in a municipal corporation, subject to the discretion and control of the chief of the police force of the municipal corporation;

(ii) in other areas of the county; and

(iii) on State roads, subject to the discretion and control of the Department of State Police.

(3) A member appointed as deputy sheriff is deemed to be performing the duties of deputy sheriff when on duty and wearing a badge of authority.

(4) A member appointed as deputy sheriff may not use a weapon in the performance of duties authorized under this subsection.

(5) In Allegany County, Caroline County, Carroll County, Frederick County, Harford County, and Talbot County, a member appointed as deputy sheriff may also perform traffic control for public functions held by a municipal corporation, group, or committee on request for and approval of the services by the sheriff.

(e) (1) (i) A member appointed as deputy sheriff performing the duties of deputy sheriff in an emergency situation to which a fire company or ambulance company has been dispatched by the Allegany County Emergency Management Center in Allegany County, the Frederick County Central Alarm Board in Frederick County, or the Carroll County Emergency Operations Center in Carroll County, is subject to the authority of the commanding officer of that fire company or ambulance company.

(ii) If a member appointed as deputy sheriff is not a member in good standing of the fire company or ambulance company that has been dispatched, then the member may not perform the duties described in this section.

(2) A member appointed as deputy sheriff performing the duties of deputy sheriff at a public event conducted by or under the auspices of a fire company or ambulance company is subject to the authority of the commanding officer of that fire company or ambulance company.

§ 7-304

(a) In this section, “fire and ambulance company” means a volunteer, career, incorporated, or unincorporated fire or ambulance company.

(b) This section applies only to Cecil County and Washington County.

(c) (1) (i) The commanding officer may designate to the sheriff of a county up to 20 individuals who are members of the commanding officer’s fire or ambulance company to be appointed as fire police.

(ii) A written certificate of designation signed by the commanding officer shall accompany each request for appointment under subparagraph (i) of this paragraph.

(2) (i) The Sheriff of Washington County shall appoint individuals to serve as fire police in Washington County from those members designated by the commanding officer under paragraph (1) of this subsection.

(ii) The Sheriff of Cecil County may appoint individuals to serve as fire police in Cecil County from those members designated by the commanding officer under paragraph (1) of this subsection.

(d) (1) The powers of individuals serving as fire police are limited to traffic control and scene safety while functioning at:

(i) parades;

(ii) accidents;

(iii) fires;

(iv) floods;

(v) other emergencies; or

(vi) public events conducted by a fire or ambulance company or the Sheriff’s department.

(2) The powers authorized under this subsection may be exercised:

(i) in a municipal corporation in the county, subject to the discretion and control of the chief of the police force of the municipal corporation; or

(ii) in other areas of the county.

(3) An individual appointed to serve as fire police in Washington County may not use a weapon in the performance of duties authorized under this subsection.

(e) (1) The appointment of a member of a fire or ambulance company as fire police terminates if the member ceases to be a member of the fire or ambulance company.

(2) The sheriff of a county may remove a member appointed as fire police at any time.

(3) If a member appointed to serve as fire police dies, resigns, is dismissed, refuses to serve, or is unable to serve, the commanding officer may designate another member of the fire or ambulance company to be appointed as fire police.

(f) An individual appointed to serve as fire police in Washington County under this section is deemed an appointed official and shall be treated as an appointed official for purposes of Title 22 and Title 23 of the State Personnel and Pensions Article.

Subtitle 4

§ 7-401

(a) This section does not apply to nonemergency transportation or ambulance billing services performed by an ambulance service or by any other provider.

(b) A county or municipal corporation that bargains collectively with fire, emergency medical services, paramedic, and rescue personnel may not contract with a for-profit entity to provide the county’s or municipal corporation’s complete fire suppression or ambulance and rescue services without the enactment of an ordinance or other local law that authorizes the action.

(c) The requirement that a county or municipal corporation enact an ordinance or other local law under subsection (b) of this section may not be satisfied through the enactment of a local budget bill.

§ 7-402

(a) A person may not willfully interfere with or obstruct a firefighter, a rescue squad member, or emergency services personnel while the firefighter, rescue squad member, or emergency services personnel:

(1) is fighting a fire, performing emergency services, or proceeding to a fire or other emergency; or

(2) is dispatched on a call for emergency services.

(b) A person may not, with fraudulent design on person or property, falsely represent that the person is a member of a career or volunteer fire department, rescue squad, or emergency services unit of the State or a county or municipal corporation of the State.

(c) A person may not have, use, wear, or display without proper authority, for the purpose of deception, a uniform, shield, button, ornament, identification, or shoulder patch, or a simulation or imitation of these articles, adopted by a career or volunteer fire department, rescue squad, or emergency services unit.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years.

§ 7-403

If no public water source is available to a fire company to supply water to extinguish a fire or mitigate an emergency incident, a fire company may enter private property to obtain water from a private water source, such as a privately owned pond, lake, river, stream, canal, cistern, or swimming pool, to extinguish the fire or otherwise mitigate the emergency incident.

§ 7-404

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

(2) “Peer support program” means an evidence–based program provided by a fire, rescue, or emergency medical services entity or the International Association of Firefighters that provides evidence–based support from a peer support specialist to a member of a fire, rescue, or emergency medical services entity.

(3) “Peer support specialist” means a member of a fire, rescue, or emergency medical services entity or the International Association of Firefighters who:

(i) has received evidence–based training in peer support, including emotional and moral support to members of fire, rescue, or emergency medical services entities who have been involved in or exposed to an emotionally traumatic experience in the course of duty as a member of a fire, rescue, or emergency medical services entity; and

(ii) is designated by the fire, rescue, or emergency medical services entity 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 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 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 participant, a peer support specialist shall inform the peer support participant in writing of the confidentiality provisions in this subsection.

(c) (1) On or before October 1, 2024, the Behavioral Health Administration, in consultation with the Maryland Institute for Emergency Medical Services Systems, shall develop a report on best practices and professional standards for evidence–based peer support programs, including:

(i) guidelines for establishing and operating peer support programs;

(ii) guidelines for training and certifying peer support specialists;

(iii) a code of ethics for peer support specialists;

(iv) recommendations for continuing education for peer support specialists;

(v) suggestions on disclosing confidentiality rights to any potential peer support participants;

(vi) information on the different types of peer support programs used by fire, rescue, or emergency medical services entities;

(vii) information regarding any differences in the types of peer support programs offered between each type of entity; and

(viii) information on the role of senior members of fire, rescue, or emergency medical services entities in supporting access to mental health resources.

(2) Following the completion of the report required under paragraph (1) of this subsection, the Behavioral Health Administration shall make the following information publicly available on the Administration’s website:

(i) the published report; and

(ii) a list of evidence–based peer support specialist training programs.

Title 8

Subtitle 1

§ 8-101

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

(b) (1) “Administrative costs” means any costs that are for administrative functions, including:

(i) billing and collection expenses;

(ii) promotion and marketing expenses;

(iii) taxes, fees, and assessments;

(iv) legal expenses; and

(v) other general and administrative costs as determined by the Secretary.

(2) “Administrative costs” does not include:

(i) accounting and financial reporting expenses, including the costs of auditing the Fund in accordance with § 8–104 of this subtitle; or

(ii) computer software, if used exclusively for fire protection, rescue, and ambulance services.

(c) “Bank account” means a checking or savings account that is maintained in a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation.

(d) “Capital equipment” means any equipment item or furnishing that has:

(1) a useful life greater than 1 year; and

(2) a procurement cost of at least $10,000 per unit.

(e) “Capital expenditure” means revenues appropriated for:

(1) the acquisition of land, buildings, or capital equipment; or

(2) new construction.

(f) (1) “Computer software” means any program that is used to cause a computer to perform a specific task or set of tasks.

(2) “Computer software” includes:

(i) system and application programs; and

(ii) database storage and management programs.

(g) “Encumber” means to create a legal obligation that requires a portion of an appropriation to be reserved to pay money in the future.

(h) (1) “Expenditures for fire protection” means:

(i) revenues appropriated or to be appropriated by a county for fire protection, rescue, and ambulance services; and

(ii) the proceeds of any county bonds used to finance facilities that house equipment for fire protection, rescue, and ambulance services.

(2) “Expenditures for fire protection” includes:

(i) revenues appropriated by a county to volunteer fire, rescue, and ambulance companies;

(ii) accounting and financial reporting expenses, including the costs of auditing the Fund in accordance with § 8–104 of this subtitle; and

(iii) the costs of training personnel.

(3) “Expenditures for fire protection” does not include:

(i) salaries, workers’ compensation, fringe benefits, or other personnel costs;

(ii) administrative costs;

(iii) capital expenditures; or

(iv) in Carroll County, appropriations for loans to a volunteer fire, rescue, or ambulance company, secured by mortgages, notes, or other evidence of indebtedness of the volunteer fire, rescue, or ambulance company, if the appropriations derive from the proceeds of bonds used to finance facilities that house equipment for fire protection, rescue, and ambulance services.

(i) “Fund” means the Senator William H. Amoss Fire, Rescue, and Ambulance Fund.

(j) “Legal obligation” includes:

(1) a purchase order;

(2) a written agreement for the purchase of goods and services;

(3) a written agreement between a county and a volunteer fire, rescue, or ambulance company; and

(4) a written agreement between a county and a vendor.

(k) (1) “Qualified municipal corporation” means a municipal corporation in the State whose expenditures for fire protection from municipal sources exceed $25,000.

(2) “Qualified municipal corporation” does not include Baltimore City.

(l) “Rehabilitate”, with regard to a facility, does not include purchasing office equipment or incurring administrative expenses.

(m) “Routine maintenance costs” means expenditures for activities that are:

(1) normally established by a manufacturer or an industry trade association;

(2) planned and performed at regular intervals; and

(3) necessary to extend the useful life or to prevent the premature failure of building components or equipment.

(n) “Secretary” means the Secretary of Emergency Management.

§ 8-102

IN EFFECT

(a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund.

(b) The purposes of the Fund are to promote:

(1) the delivery of effective and high quality fire protection, rescue, and ambulance services in the State;

(2) increased financial support for fire, rescue, and ambulance companies by counties; and

(3) the continued financial viability of volunteer fire, rescue, and ambulance companies given the greatly increased costs of equipment.

(2) Subject to paragraph (3) of this subsection, the Secretary may adopt procedures to carry out this subtitle, including additional auditing and reporting requirements.

(3) The Secretary may not impose training or operational requirements as a precondition to receipt of money, except as otherwise expressly provided in this subtitle.

(d) The Fund consists of:

(1) money appropriated in the State budget to the Fund; and

(2) revenue distributed to the Fund under § 16–609 of the Business Regulation Article.

(e) (1) As authorized by the Secretary, the Treasurer shall make payments out of the Fund to each county on warrant of the Comptroller.

(2) The Treasurer shall make the payments required under this subsection to the appropriate county on or about November 15.

(f) (1) State money provided under this section may only be used to:

(i) acquire or rehabilitate fire or rescue equipment, including ambulances;

(ii) acquire or rehabilitate capital equipment used in connection with fire or rescue equipment;

(iii) rehabilitate facilities used primarily to house fire fighting equipment, ambulances, and rescue vehicles;

(iv) install life safety and fire protection systems at a fire, rescue, or ambulance facility;

(v) acquire land for the purpose of rehabilitation or construction of a fire, rescue, or ambulance facility;

(vi) acquire wireless telecommunications devices, computers, and related computer equipment if used exclusively for fire protection, rescue, and ambulance services; and

(vii) acquire machinery and equipment if used exclusively for fire protection, rescue, and ambulance services.

(2) State money provided under this section may not be used:

(i) for administrative costs;

(ii) for compensation or fringe benefits to employees or members of county governments, or fire, rescue, or ambulance companies;

(iii) for travel or meal expenses;

(iv) for fuel, utility, or routine maintenance costs of facilities or equipment;

(v) to acquire new or replacement fire hydrants or water mains;

(vi) for insurance;

(vii) for fund–raising activities;

(viii) to replace or repair eligible items to the extent that insurance proceeds are available;

(ix) for costs associated with the “9–1–1” emergency telephone system; or

(x) for land or interests in land, except as provided in paragraph (1)(v) of this subsection.

(g) Beginning in fiscal year 2026, the Governor shall include an annual appropriation to the Fund of at least $16,500,000.

§ 8-102

*** CONTINGENCY – NOT IN EFFECT – CHAPTER 497 OF 2007 ***