Md. Code, Criminal Procedure, Title 2

Md. Code, Criminal Procedure, Title 2
in effect

Md. Code, Criminal Procedure § 2-101

(a) In this title the following words have the meanings indicated. (b) “Emergency” means a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect the health, safety, welfare, or property of a person from actual or threatened harm or from an unlawful act. (c) “Police officer” means a person who in an official capacity is authorized by law to make arrests and is: (1) a member of the Department of State Police; (2) a member of the Police Department of Baltimore City; (3) a member of the Baltimore City School Police Force; (4) a member of the police department, bureau, or force of a county; (5) a member of the police department, bureau, or force of a municipal corporation; (6) a member of the Maryland Transit Administration Police Force or Maryland Transportation Authority Police Force; (7) a member of the University System of Maryland Police Force or Morgan State University Police Force; (8) a special police officer who is appointed to enforce the law and maintain order on or protect property of the State or any of its units; (9) a member of the Maryland Capitol Police of the Department of General Services; (10) the sheriff of a county whose usual duties include the making of arrests; (11) a regularly employed deputy sheriff of a county who is compensated by the county and whose usual duties include the making of arrests; (12) a member of the Natural Resources Police Force of the Department of Natural Resources; (13) an authorized employee of the Field Enforcement Bureau of the Comptroller’s Office; (14) an authorized member of the Field Enforcement Division of the Alcohol and Tobacco Commission; (15) a member of the Maryland–National Capital Park and Planning Commission Park Police; (16) a member of the Housing Authority of Baltimore City Police Force; (17) a member of the Crofton Police Department; (18) a member of the WMATA Metro Transit Police, subject to the jurisdictional limitations under Article XVI, § 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified at § 10–204 of the Transportation Article; (19) a member of the Intelligence and Investigative Division of the Department; (20) a member of the State Forest and Park Service Police Force of the Department of Natural Resources; (21) a member of the Washington Suburban Sanitary Commission Police Force; (22) a member of the Ocean Pines Police Department; (23) a member of the police force of the Baltimore City Community College; (24) a member of the police force of the Hagerstown Community College; (25) an employee of the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department; (26) a member of the police force of the Anne Arundel Community College; or (27) a member of the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

Md. Code, Criminal Procedure § 2-102

(a) This section does not apply to an employee of the Department of State Police to whom the Secretary of State Police assigns the powers contained in § 2-412 of the Public Safety Article. (b) (1) Subject to the limitations of paragraph (3) of this subsection, a police officer may make arrests, conduct investigations, and otherwise enforce the laws of the State throughout the State without limitations as to jurisdiction. (2) This section does not authorize a police officer who acts under the authority granted by this section to enforce the Maryland Vehicle Law beyond the police officer’s sworn jurisdiction, unless the officer is acting under a mutual aid agreement authorized under § 2-105 of this subtitle. (3) A police officer may exercise the powers granted by this section when: (i) 1. the police officer is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction; 2. the police officer is rendering assistance to another police officer; 3. the police officer is acting at the request of a police officer or State Police officer; or 4. an emergency exists; and (ii) the police officer is acting in accordance with regulations adopted by the police officer’s employing unit to carry out this section. (4) The powers granted by this section are in addition to the powers granted by §§ 5-801, 5-802, 5-807, 5-808, and 5-901 of the Criminal Law Article and to the powers of fresh pursuit granted by Subtitle 3 of this title. (c) (1) A police officer who acts under the authority granted by this section shall notify the following persons of an investigation or enforcement action: (i) 1. the chief of police, if any, or chief’s designee, when in a municipal corporation; 2. the Police Commissioner or Police Commissioner’s designee, when in Baltimore City; 3. the chief of police or chief’s designee, when in a county with a county police department, except Baltimore City; 4. the sheriff or sheriff’s designee, when in a county without a county police department; 5. the Secretary of Natural Resources or Secretary’s designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; 6. the chief of police of the Maryland Transportation Authority or chief’s designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; 7. the chief of police of the Department of General Services or the chief’s designee, when on property owned, leased, operated, managed, patrolled by, or under the control of the Department of General Services; or 8. the chief of police of the Maryland-National Capital Park and Planning Commission for the county in which the property is located, when on property owned, leased, or operated by or under the control of the Maryland-National Capital Park and Planning Commission; and (ii) the Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of State Police. (2) When the police officer participates in a joint investigation with officials from another state, federal, or local law enforcement unit, the police officer shall give the notice required under paragraph (1) of this subsection reasonably in advance. (d) A police officer who acts under the authority granted by this section: (1) has all the immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the police officer is otherwise entitled; and (2) remains at all times and for all purposes an employee of the employing unit. (e) (1) This section does not impair a right of arrest otherwise existing under the Code. (2) This section does not deprive a person of the right to receive a citation for a traffic violation as provided in the Maryland Vehicle Law or a criminal violation as provided by law or the Maryland Rules.

Md. Code, Criminal Procedure § 2-103

(a) In this section, “primary law enforcement officer” means: (1) the chief of police, if any, or the chief’s designee, in a municipal corporation; (2) the chief of police or the chief’s designee in a county with a county police department; (3) the sheriff or the sheriff’s designee in a county without a police department; (4) the Police Commissioner or the Police Commissioner’s designee in Baltimore City; (5) the Secretary of Natural Resources or the Secretary’s designee on any property owned, leased, operated by, or under the control of the Department of Natural Resources; (6) the chief of police of the Maryland Transportation Authority or chief’s designee on property owned, leased, operated by, or under the control of the Maryland Aviation Administration, the Maryland Port Administration, or the Maryland Transportation Authority; or (7) the Secretary of State Police. (b) A police officer may arrest a person throughout the State without limitations as to jurisdiction if: (1) a warrant has been issued against the person; (2) the police officer is participating in a joint operation created by an agreement between the primary law enforcement officers; (3) the arrest occurs within one of the participating jurisdictions in accordance with the agreement; and (4) the police officer is acting in accordance with regulations that the police officer’s employing unit adopts to carry out this section. (c) A police officer who acts under the authority granted by this section: (1) has all the immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the police officer is otherwise entitled; and (2) remains at all times and for all purposes an employee of the employing unit.

Md. Code, Criminal Procedure § 2-104

(a) In this section, “federal law enforcement officer” means an officer who may: (1) make an arrest with or without a warrant for violations of the United States Code; and (2) carry firearms in the performance of the officer’s duties. (b) (1) Subject to the limitations of paragraph (2) of this subsection, a federal law enforcement officer may: (i) make arrests as set forth in Subtitle 2 of this title; and (ii) execute arrest and search and seizure warrants issued under the laws of the State. (2) A federal law enforcement officer may exercise the powers granted by this subsection when: (i) the federal law enforcement officer is participating in a joint investigation with officials from a State or local law enforcement unit; (ii) the federal law enforcement officer is rendering assistance to a police officer; (iii) the federal law enforcement officer is acting at the request of a local police officer or State Police officer; or (iv) an emergency exists. (c) (1) A federal law enforcement officer who acts under the authority granted by this section shall notify the following persons of an investigation, an enforcement action, or a federal immigration enforcement action at a sensitive location, as defined in § 6–111 of the State Government Article: (i) 1. the chief of police, if any, or chief’s designee, when in a municipal corporation; 2. the police commissioner or police commissioner’s designee, when in Baltimore City; 3. the chief of police or chief’s designee, when in a county with a county police department, except Baltimore City; 4. the sheriff or sheriff’s designee, when in a county without a county police department; 5. the Secretary of Natural Resources or Secretary’s designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; or 6. the chief of police of the Maryland Transportation Authority or chief’s designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; and (ii) the Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of State Police. (2) When the federal law enforcement officer participates in a joint investigation with officials from a State or local law enforcement unit, the federal law enforcement officer shall give the notice required under paragraph (1) of this subsection reasonably in advance. (d) A federal law enforcement officer who acts under the authority granted by this section: (1) has the same legal status as a police officer; (2) has the same protections as a police officer under § 2-608 of the Courts Article with regard to charging documents against police officers; and (3) has the same immunity from liability described in § 5-611 of the Courts Article. (e) This section does not impose liability on or require indemnification by the State or a local subdivision for an act performed by a federal law enforcement officer under this section.

Md. Code, Criminal Procedure § 2-104.1

§2–104.1. A United States Park Police officer may make arrests, conduct investigations, issue citations, and otherwise enforce the laws of the State within areas of the National Park System.

Md. Code, Criminal Procedure § 2-104.2

§2–104.2. (a) In this section, “sensitive location” has the meaning stated in § 6–111 of the State Government Article. (b) (1) This subsection does not apply to a State or local correctional facility or a detention facility in a District Court or circuit court house. (2) A public school, a public library, or a unit of the Executive Branch of State or local government that operates at a sensitive location shall deny access to any portion of the sensitive location that is not accessible to the general public to any individual who is seeking access for the purpose of enforcing federal immigration law, unless: (i) the individual presents a valid warrant issued by a federal court; or (ii) exigent circumstances exist.

Md. Code, Criminal Procedure § 2-105

(a) In this section, “governing body” means: (1) the county executive and county council of a charter county with a county executive; (2) the county council of a charter county with no county executive; (3) the board of county commissioners of a county; or (4) the mayor and council, by whatever name known, of a municipal corporation. (b) By action as in the regular routine for legislative enactment, the governing body of a county or municipal corporation may determine the circumstances under which the police officers and other officers, agents, and employees of the county or municipal corporation, together with all necessary equipment, may lawfully go or be sent beyond the boundaries of the county or municipal corporation to any place within or outside the State. (c) (1) The acts done by the police officers or other officers, agents, or employees of a county or municipal corporation under the authority of subsection (b) of this section and the expenditures made by the county or municipal corporation are considered to be for a public and governmental purpose. (2) When a county or municipal corporation is acting through its police officers or other officers, agents, or employees for a public or governmental purpose beyond its boundaries under this section or other lawful authority, the county or municipal corporation has the same immunities from liability that the county or municipal corporation has when acting through its police officers or other officers, agents, or employees for a public or governmental purpose within its boundaries. (3) When the police officers or other officers, agents, or employees of a county or municipal corporation are acting beyond the boundaries of the county or municipal corporation within the State under this section or other lawful authority, the police officers and other officers, agents, and employees of the county or municipal corporation have the same immunity from liability described in § 5-612 of the Courts Article and exemptions from laws, ordinances, and regulations, and the same pension, relief, disability, workers' compensation, and other benefits as those persons have while performing their duties within the boundaries of the county or municipal corporation. (d) In accordance with subsection (b) of this section, Allegany County and a municipal corporation in that county may make a reciprocal agreement to provide police officers and other officers, employees, and agents, together with all necessary equipment. (e) (1) The governing body of a county or municipal corporation or the Maryland-National Capital Park and Planning Commission may make a reciprocal agreement for the period that it considers advisable with the District of Columbia or a county, municipal corporation, or the Maryland-National Capital Park and Planning Commission, within or outside the State, and establish and carry out a plan to provide mutual aid by providing its police officers and other officers, employees, and agents, together with all necessary equipment as provided in subsection (b) of this section. (2) A county, municipal corporation, or the Maryland-National Capital Park and Planning Commission may not make a reciprocal agreement unless the agreement provides that each party shall: (i) waive any and all claims that are against the other parties to the agreement and that may arise out of their activities outside their respective jurisdictions under the agreement; and (ii) indemnify and hold harmless the other parties to the agreement from all claims by third parties that are for property damage or personal injury and that may arise out of the activities of the other parties to the agreement outside their respective jurisdictions under the agreement. (f) The governing body of a county or municipal corporation in the State may obtain or extend the necessary public liability insurance to cover claims that arise out of mutual aid agreements made with another county or municipal corporation outside the State. (g) (1) The police officers and other officers, agents, and employees coming from one county or municipal corporation to another within the State under a reciprocal agreement under this section may enforce the laws of the State to the same extent as authorized law enforcement officers of the receiving county or municipal corporation. (2) The police officers and other officers, agents, and employees coming into the State under a reciprocal agreement under this section may enforce the laws of the State to the same extent as authorized law enforcement officers of a county or municipal corporation in the State.

Md. Code, Criminal Procedure § 2-106

(a) (1) A peace officer, who is appointed in the jurisdiction in which a person is arrested, may keep custody of the arrested person in another jurisdiction in which a District Court commissioner is located to bring the person before the District Court commissioner in the other jurisdiction. (2) The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed and the arrest is made. (b) (1) A peace officer, who is appointed in the jurisdiction for which a charging document is issued for a person who is arrested in another jurisdiction, may obtain custody of the arrested person in the other jurisdiction to bring the person before a District Court commissioner in the jurisdiction in which the charging document is issued. (2) The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed. (c) This section does not affect or extend the time period for bringing an arrested person before a judicial officer after arrest.

Md. Code, Criminal Procedure § 2-106.1

§2–106.1. (a) This section applies only in Allegany County. (b) Except as provided in subsection (c) of this section, a police officer or an agent acting on behalf of a law enforcement agency shall keep custody of an arrested person from the time of arrest until the arrested person is: (1) committed by lawful authority to a State or local correctional facility; (2) released from custody; or (3) in the custody of another police officer. (c) A correctional officer may keep custody of or provide transport for an arrested person who is awaiting transfer to another jurisdiction or waiting to see a judicial officer of the court if: (1) the Commissioner of the Division of Pretrial Detention and Services or local managing official has assigned the correctional officer to supervise and transport incarcerated individuals; (2) the correctional officer will supervise the arrested person in a correctional facility or during transport; and (3) the correctional facility is not addressing a situation that poses a severe threat to maintaining the desired level of security and safety of the arrested person or persons inside the correctional facility at the time of the transfer of custody.

Md. Code, Criminal Procedure § 2-107

(a) (1) Before a law enforcement officer may charge with a crime a person who is found by the law enforcement officer in a semiconscious or unconscious condition, the law enforcement officer shall make a diligent effort to determine whether the person: (i) suffers from epilepsy, diabetes, a cardiac condition, or another type of illness that causes semiconsciousness or unconsciousness; and (ii) is carrying the identification bracelet, tag, or card described in subsection (b) of this section. (2) If the law enforcement officer determines that the person suffers from an illness that causes semiconsciousness or unconsciousness, and the person is carrying the identification bracelet, tag, or card described in subsection (b) of this section, the law enforcement officer shall: (i) notify the person’s physician immediately; or (ii) have the person immediately transported to: 1. a physician; or 2. a facility where the services of a physician are available. (b) A person who suffers from epilepsy, diabetes, a cardiac condition, or other type of illness that causes temporary blackouts, semiconscious periods, or complete unconsciousness may wear an identification bracelet or metal tag or carry an identification card that is engraved, stamped, or imprinted with the person’s name, type of illness, physician’s name, and required medication. (c) (1) A person may not willfully and knowingly falsify identification described in subsection (b) of this section. (2) A person may not deliberately misrepresent an illness that causes blackouts, semiconsciousness, or unconsciousness as described in subsection (b) of this section. (3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Md. Code, Criminal Procedure § 2-108

(a) A law enforcement officer who charges a minor with a criminal offense shall make a reasonable attempt to provide actual notice to the parent or guardian of the minor of the charge. (b) If a law enforcement officer takes a minor into custody, the law enforcement officer or the officer’s designee shall make a reasonable attempt to notify the parent or guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts Article. (c) If a law enforcement officer alleges the commission of an act by a child under the age of 13 years that, if committed by an adult, would constitute theft of a motor vehicle under § 7–105 of the Criminal Law Article, the law enforcement officer shall forward the complaint to the Department of Juvenile Services to file a petition alleging that the child is in need of supervision.

Md. Code, Criminal Procedure § 2-109

(a) At the commencement of a traffic stop or other stop, absent exigent circumstances, a police officer shall: (1) display proper identification to the stopped individual; and (2) provide the following information to the stopped individual: (i) the officer’s name; (ii) the officer’s identification number issued by the law enforcement agency the officer is representing; (iii) the name of the law enforcement agency the police officer is representing; and (iv) the reason for the traffic stop or other stop. (b) A police officer’s failure to comply with subsection (a) of this section: (1) may be grounds for administrative disciplinary action against the officer; and (2) may not serve as the basis for the exclusion of evidence under the exclusionary rule. (c) A police officer may not prohibit or prevent a citizen from recording the police officer’s actions if the citizen is otherwise acting lawfully and safely.

Md. Code, Criminal Procedure § 2-201

(a) This subtitle does not impair a right of arrest otherwise existing under the Code. (b) This subtitle does not deprive a person of the right to receive a citation for: (1) a traffic violation as provided in the Maryland Vehicle Law; or (2) a criminal violation as provided by law or the Maryland Rules.

Md. Code, Criminal Procedure § 2-202

(a) A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer. (b) A police officer who has probable cause to believe that a felony or misdemeanor is being committed in the presence or within the view of the police officer may arrest without a warrant any person whom the police officer reasonably believes to have committed the crime. (c) A police officer without a warrant may arrest a person if the police officer has probable cause to believe that a felony has been committed or attempted and the person has committed or attempted to commit the felony whether or not in the presence or within the view of the police officer.

Md. Code, Criminal Procedure § 2-203

(a) A police officer without a warrant may arrest a person if the police officer has probable cause to believe: (1) that the person has committed a crime listed in subsection (b) of this section; and (2) that unless the person is arrested immediately, the person: (i) may not be apprehended; (ii) may cause physical injury or property damage to another; or (iii) may tamper with, dispose of, or destroy evidence. (b) The crimes referred to in subsection (a)(1) of this section are: (1) manslaughter by vehicle or vessel under § 2–209 of the Criminal Law Article; (2) malicious burning under § 6–104 or § 6–105 of the Criminal Law Article or an attempt to commit the crime; (3) malicious mischief under § 6–301 of the Criminal Law Article or an attempt to commit the crime; (4) a theft crime where the value of the property or services stolen is less than $1,000 under § 7–104 or § 7–105 of the Criminal Law Article or an attempt to commit the crime; (5) the crime of giving or causing to be given a false alarm of fire under § 9–604 of the Criminal Law Article; (6) indecent exposure under § 11–107 of the Criminal Law Article; (7) a crime that relates to controlled dangerous substances under Title 5 of the Criminal Law Article or an attempt to commit the crime; (8) the wearing, carrying, or transporting of a handgun under § 4–203 or § 4–204 of the Criminal Law Article; (9) carrying or wearing a concealed weapon under § 4–101 of the Criminal Law Article; (10) prostitution and related crimes under Title 11, Subtitle 3 of the Criminal Law Article; and (11) violation of a condition of pretrial or posttrial release under § 5–213.1 of this article.

Md. Code, Criminal Procedure § 2-204

(a) A police officer without a warrant may arrest a person if: (1) the police officer has probable cause to believe that: (i) the person battered the person’s spouse or another person with whom the person resides; (ii) there is evidence of physical injury; and (iii) unless the person is arrested immediately, the person: 1. may not be apprehended; 2. may cause physical injury or property damage to another; or 3. may tamper with, dispose of, or destroy evidence; and (2) a report to the police was made within 48 hours of the alleged incident. (b) If the police officer has probable cause to believe that mutual battery occurred and arrest is necessary under subsection (a) of this section, the police officer shall consider whether one of the persons acted in self-defense when determining whether to arrest the person whom the police officer believes to be the primary aggressor.

Md. Code, Criminal Procedure § 2-204.1

§2–204.1. A police 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 a protective order as described in § 4–508.1(c) or § 4–509(b) of the Family Law Article.

Md. Code, Criminal Procedure § 2-205

A police officer without a warrant may arrest a person if: (1) the police officer has probable cause to believe the person has engaged in stalking under § 3-802 of the Criminal Law Article; (2) there is credible evidence other than the statements of the alleged stalking victim to support the probable cause under item (1) of this section; and (3) the police officer has reason to believe that the alleged stalking victim or another person is in danger of imminent bodily harm or death.

Md. Code, Criminal Procedure § 2-206

(a) This section applies during a public emergency, as defined in § 14–301(e)(1) or (2) of the Public Safety Article, and when public safety is imperiled, or on reasonable apprehension of immediate danger of public safety being imperiled. (b) During a time described in subsection (a) of this section, the authority to make an arrest without a warrant granted to police officers under this title is granted to a person who: (1) is serving under a proclamation of a state of emergency issued by the Governor, as provided in § 14–303 of the Public Safety Article, as: (i) a member of a law enforcement unit that is listed in § 2–101(c) of this title; or (ii) a member of the militia called into action by the Governor, as provided in § 14–306 of the Public Safety Article; (2) is serving as a member of the militia ordered into active service by the Governor under § 13–702 of the Public Safety Article; or (3) is a member of the armed forces of the United States under orders to aid civil authorities of the State in enforcing law and order, subject to subsection (c) of this section. (c) The grant of authority under subsection (b)(3) of this section does not limit or impair any power or duty of a member of the armed forces of the United States or authorize any action incompatible with federal law or regulations.

Md. Code, Criminal Procedure § 2-207

(a) Correctional employees assigned by the Commissioner of Correction to monitor incarcerated individuals on home detention under Title 3, Subtitle 4 of the Correctional Services Article have the same powers to arrest incarcerated individuals in the home detention program as are set forth in this title for police officers. (b) Parole and probation employees assigned by the Director of Parole and Probation to supervise offenders on home detention under § 6–108 of the Correctional Services Article have the same powers to arrest these offenders as are set forth in this title for police officers. (c) Correctional officers designated by the Commissioner of Correction under § 3–216 of the Correctional Services Article have the same powers to arrest persons on the property of a correctional facility of the Division of Correction as are set forth in this title for police officers. (d) Correctional officers designated by the managing official of a local correctional facility under § 11–802 of the Correctional Services Article have the same powers to arrest persons on the property of the facility as are set forth in this title for police officers.

Md. Code, Criminal Procedure § 2-208

(a) (1) The State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe: (i) a felony that is a crime listed in paragraph (2) of this subsection has been committed or attempted; and (ii) the person to be arrested has committed or attempted to commit the felony whether or not in the presence or within the view of the State Fire Marshal or assistant. (2) The powers of arrest set forth in paragraph (1) of this subsection apply only to the crimes listed in this paragraph and to attempts, conspiracies, and solicitations to commit these crimes: (i) murder under § 2–201(4) of the Criminal Law Article; (ii) setting fire to a dwelling or occupied structure under § 6–102 of the Criminal Law Article; (iii) setting fire to a structure under § 6–103 of the Criminal Law Article; (iv) a crime that relates to destructive devices under § 4–503 of the Criminal Law Article; and (v) making a false statement or rumor as to a destructive device under § 9–504 of the Criminal Law Article. (b) (1) The State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe: (i) the person has committed a crime listed in paragraph (2) of this subsection; and (ii) unless the person is arrested immediately, the person: 1. may not be apprehended; 2. may cause physical injury or property damage to another; or 3. may tamper with, dispose of, or destroy evidence. (2) The crimes referred to in paragraph (1) of this subsection are: (i) a crime that relates to a device that is constructed to represent a destructive device under § 9–505 of the Criminal Law Article; (ii) malicious burning in the first or second degree under § 6–104 or § 6–105 of the Criminal Law Article; (iii) burning the contents of a trash container under § 6–108 of the Criminal Law Article; (iv) making a false alarm of fire under § 9–604 of the Criminal Law Article; (v) a crime that relates to burning or attempting to burn property as part of a religious or ethnic crime under § 10–304 or § 10–305 of the Criminal Law Article; (vi) a crime that relates to interference, obstruction, or false representation of fire and safety personnel under § 6–602 or § 7–402 of the Public Safety Article; and (vii) threatening arson or attempting, causing, aiding, counseling, or procuring arson in the first or second degree or malicious burning in the first or second degree under Title 6, Subtitle 1 of the Criminal Law Article. (c) (1) The State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal may act under the authority granted by § 2–102 of this title to police officers as provided under paragraph (2) of this subsection. (2) When acting under the authority granted by § 2–102 of this title, the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal has the powers of arrest set forth in §§ 2–202, 2–203, and 2–204 of this subtitle. (d) (1) The State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal who acts under the authority granted by this section shall notify the following persons of an investigation or enforcement action: (i) 1. the chief of police, if any, or chief’s designee, when in a municipal corporation; 2. the Police Commissioner or Police Commissioner’s designee, when in Baltimore City; 3. the chief of police or chief’s designee, when in a county with a county police department, except Baltimore City; 4. the sheriff or sheriff’s designee, when in a county without a county police department; 5. the Secretary of Natural Resources or Secretary’s designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; or 6. the respective chief of police or chief’s designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; and (ii) the Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of State Police. (2) When the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal participates in a joint investigation with officials from another state, federal, or local law enforcement unit, the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal shall give the notice required under paragraph (1) of this subsection reasonably in advance. (e) A State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal who acts under the authority granted by this section: (1) has the same immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the State Fire Marshal or full–time investigative and inspection assistant is otherwise entitled; and (2) remains at all times and for all purposes an employee of the employing unit. (f) (1) This section does not impair a right of arrest otherwise existing under the Code. (2) This section does not deprive a person of the right to receive a citation for a traffic violation as provided in the Maryland Vehicle Law or a criminal violation as provided by law or the Maryland Rules.

Md. Code, Criminal Procedure § 2-208.1

§2–208.1. (a) In this section, “Montgomery County fire and explosive investigator” means an individual who: (1) is assigned full time to the Fire and Explosive Investigations Unit of the Montgomery County Fire and Rescue Service and is a paid employee; (2) has been employed by the Montgomery County Fire and Rescue Service as a firefighter/rescuer for at least 5 years; (3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and (4) at all times maintains active certification by the Maryland Police Training and Standards Commission. (b) Except as provided in subsection (c) of this section, a Montgomery County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under § 2-208 of this subtitle: (1) while operating in Montgomery County; and (2) while operating outside Montgomery County when: (i) the Montgomery County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction; (ii) the Montgomery County fire and explosive investigator is rendering assistance to another law enforcement officer; (iii) the Montgomery County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or (iv) an emergency exists. (c) The Montgomery County Fire Chief: (1) may limit the authority of a Montgomery County fire and explosive investigator under this section; and (2) shall express the limitation in a written policy.

Md. Code, Criminal Procedure § 2-208.2

§2–208.2. (a) In this section, “Anne Arundel County or City of Annapolis fire and explosive investigator” means an individual who: (1) is assigned full time to the Fire and Explosive Investigations Section of the Anne Arundel County or City of Annapolis Fire Marshal’s Office and is a paid employee; (2) has been employed by the Anne Arundel County or City of Annapolis Fire Department as a firefighter for at least 5 years; (3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and (4) at all times maintains active certification by the Maryland Police Training and Standards Commission. (b) Except as provided in subsection (c) of this section, an Anne Arundel County or City of Annapolis fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle: (1) while operating in Anne Arundel County or the City of Annapolis; and (2) while operating outside Anne Arundel County or the City of Annapolis when: (i) the Anne Arundel County or City of Annapolis fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction; (ii) the Anne Arundel County or City of Annapolis fire and explosive investigator is rendering assistance to another law enforcement officer; (iii) the Anne Arundel County or City of Annapolis fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or (iv) an emergency exists. (c) The Anne Arundel County or City of Annapolis Fire Chief: (1) may limit the authority of an Anne Arundel County or City of Annapolis fire and explosive investigator under this section; and (2) shall express the limitation in a written policy.

Md. Code, Criminal Procedure § 2-208.3

§2–208.3. (a) In this section, “Prince George’s County fire and explosive investigator” means an individual who: (1) is assigned full time to the Fire and Explosive Investigations Section of the Prince George’s County Fire/EMS Department; (2) has attained the position of deputy fire marshal; and (3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article. (b) Except as provided in subsection (c) of this section, a Prince George’s County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle: (1) while operating in Prince George’s County; and (2) while operating outside Prince George’s County when: (i) the Prince George’s County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction; (ii) the Prince George’s County fire and explosive investigator is rendering assistance to another law enforcement officer; (iii) the Prince George’s County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or (iv) an emergency exists. (c) The Prince George’s County Fire Chief: (1) may limit the authority of a Prince George’s County fire and explosive investigator under this section; and (2) shall express the limitation in a written policy.

Md. Code, Criminal Procedure § 2-208.4

§2–208.4. (a) In this section, “fire and explosive investigator” means an individual who: (1) is assigned full–time to the fire and explosive investigations section of the County Fire Marshal’s Office; and (2) (i) has the rank of deputy fire marshal or higher; and (ii) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article. (b) This section applies only to Worcester County. (c) Except as provided in subsection (d) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle: (1) while operating in Worcester County; and (2) while operating outside Worcester County when: (i) the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction; (ii) the fire and explosive investigator is rendering assistance to another law enforcement officer; (iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or (iv) an emergency exists. (d) The County Fire Marshal: (1) may limit the authority of a fire and explosive investigator under this section; and (2) shall express the limitation in a written policy.

Md. Code, Criminal Procedure § 2-208.5

§2–208.5. (a) In this section, “fire and explosive investigator” means an individual who: (1) is assigned full time to the fire and explosive investigations section of the City of Hagerstown Fire Marshal’s Office and is a paid employee; (2) has been employed by the City of Hagerstown Fire Department as a firefighter for at least 5 years; (3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and (4) at all times maintains active certification by the Maryland Police Training and Standards Commission. (b) Except as provided in subsection (c) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle: (1) while operating in the City of Hagerstown; and (2) while operating outside the City of Hagerstown when: (i) the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction; (ii) the fire and explosive investigator is rendering assistance to another law enforcement officer; (iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or (iv) an emergency exists. (c) The City of Hagerstown Fire Chief: (1) may limit the authority of a fire and explosive investigator under this section; and (2) shall express the limitation in a written policy.

Md. Code, Criminal Procedure § 2-208.6

§2–208.6. (a) In this section, “fire and explosive investigator” means an individual who: (1) is assigned full–time to the Fire Investigations Division of the Howard County Fire Marshal’s Office and is a paid employee; (2) has been employed by the Howard County Fire Department as a firefighter for at least 5 years; (3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and (4) at all times maintains active certification by the Maryland Police Training and Standards Commission. (b) Except as provided in subsection (c) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal under § 2–208 of this subtitle: (1) while operating in Howard County; and (2) while operating outside Howard County when: (i) the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction; (ii) the fire and explosive investigator is rendering assistance to another law enforcement officer; (iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or (iv) an emergency exists. (c) The Howard County Fire Chief: (1) may limit the authority of a fire and explosive investigator under this section; and (2) shall express the limitation in a written policy.

Md. Code, Criminal Procedure § 2-210

(a) If a person employed as a watchman or guard believes that a person is trespassing on posted property that is used for a defense-related activity as defined in § 9-701 of the Criminal Law Article, the employee may detain the person and notify a law enforcement officer. (b) If a law enforcement officer has probable cause to believe that a person has trespassed on posted property that is used for a defense-related activity as defined in § 9-701 of the Criminal Law Article, the law enforcement officer may arrest the person without a warrant for a violation of § 9-702 or § 9-703 of the Criminal Law Article.

Md. Code, Criminal Procedure § 2-301

(a) This section applies to a law enforcement officer of a jurisdiction in the State who engages in fresh pursuit of a person in the State. (b) (1) Fresh pursuit is pursuit that is continuous and without unreasonable delay. (2) Fresh pursuit need not be instant pursuit. (3) In determining whether the pursuit meets the elements of fresh pursuit, a court shall apply the requirements of the common law definition of fresh pursuit that relates to these elements. (c) A law enforcement officer may engage in fresh pursuit of a person who: (1) has committed or is reasonably believed by the law enforcement officer to have committed a felony in the jurisdiction in which the law enforcement officer has the power of arrest; or (2) has committed a misdemeanor in the presence of the law enforcement officer in the jurisdiction in which the law enforcement officer has the power of arrest. (d) A law enforcement officer who is engaged in fresh pursuit of a person may: (1) arrest the person anywhere in the State and hold the person in custody; and (2) return the person to the jurisdiction in which a court has proper venue for the crime alleged to have been committed by the person.

Md. Code, Criminal Procedure § 2-304

(a) In Part II of this subtitle the following words have the meanings indicated. (b) “Fresh pursuit” includes: (1) fresh pursuit as defined by the common law; and (2) pursuit without unreasonable delay, but not necessarily instant pursuit, of a person who: (i) has committed or is reasonably suspected of having committed a felony; or (ii) is suspected of having committed a felony, although a felony has not been committed, if there is reasonable ground for believing that a felony has been committed. (c) “State” means a state of the United States or the District of Columbia.

Md. Code, Criminal Procedure § 2-305

(a) A member of a state, county, or municipal law enforcement unit of another state who enters this State in fresh pursuit and continues within this State in fresh pursuit of a person to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold the person in custody as has a member of a duly organized State, county, or municipal corporation law enforcement unit of this State to arrest and hold a person in custody on the ground that the person is believed to have committed a felony in this State. (b) This section does not make unlawful an arrest in this State that would otherwise be lawful.

Md. Code, Criminal Procedure § 2-306

(a) If an officer of another state makes an arrest in this State in accordance with § 2-305(a) of this subtitle, the officer shall, without unnecessary delay, take the person arrested before a judge of the circuit court of the county in which the arrest was made for a hearing to determine the lawfulness of the arrest. (b) If the judge determines that the arrest was unlawful, the judge shall discharge the arrested person.

Md. Code, Criminal Procedure § 2-307

After this Part II of this subtitle is passed and approved by the Governor, the Secretary of State shall certify a copy of this subtitle to the executive department of each state.

Md. Code, Criminal Procedure § 2-402

It is the public policy of the State that: (1) a law enforcement unit that regularly utilizes one or more interrogation rooms capable of creating audiovisual recordings of custodial interrogations shall make reasonable efforts to create an audiovisual recording of a custodial interrogation of a criminal suspect in connection with a case involving murder, rape, sexual offense in the first degree, or sexual offense in the second degree, whenever possible; and (2) a law enforcement unit that does not regularly utilize one or more interrogation rooms capable of creating audiovisual recordings of custodial interrogations shall make reasonable efforts to create an audio recording of a custodial interrogation of a criminal suspect in connection with a case involving murder, rape, sexual offense in the first degree, or sexual offense in the second degree, whenever possible.

Md. Code, Criminal Procedure § 2-403

An audio or audiovisual recording made by a law enforcement unit of a custodial interrogation of a criminal suspect is exempt from the Maryland Wiretapping and Electronic Surveillance Act.

Md. Code, Criminal Procedure § 2-404

On or before December 31, 2009, and annually thereafter, the Governor’s Office of Crime Prevention and Policy shall report to the House Judiciary Committee and the Senate Judicial Proceedings Committee, in accordance with § 2–1257 of the State Government Article on the progress of jurisdictions and the Department of State Police in establishing interrogation rooms capable of creating audiovisual recordings of custodial interrogations.

Md. Code, Criminal Procedure § 2-501

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Facial recognition technology” means a computer program, a service, or any other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. (2) “Facial recognition technology” does not include technology: (i) used only for the analysis of facial features to grant or deny access to an electronic device; or (ii) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information. (c) “Law enforcement agency” has the meaning stated in § 2–101 of the Public Safety Article.

Md. Code, Criminal Procedure § 2-502

(a) Except as otherwise provided in this section, results generated by facial recognition technology may not be introduced in a criminal proceeding or in a delinquency proceeding under Title 3, Subtitle 8A of the Courts Article. (b) (1) Subject to paragraph (2) of this subsection, results generated by facial recognition technology may be considered or introduced as evidence in connection with a criminal proceeding only for the purpose of establishing probable cause or positive identification: (i) in connection with the issuance of a warrant; or (ii) at a preliminary hearing. (2) (i) Subject to subparagraph (ii) of this paragraph, results generated by facial recognition technology may not serve as the sole basis to establish probable cause or the positive identification of an individual in a criminal investigation or proceeding. (ii) Probable cause or positive identification may be established using facial recognition technology only if the results are supported by additional, independently obtained evidence establishing probable cause or a positive identification.

Md. Code, Criminal Procedure § 2-503

(a) (1) A police officer or other employee or agent of a law enforcement agency may not, in the furtherance of a criminal investigation: (i) use facial recognition technology to investigate a crime other than the commission of or the attempt to commit: 1. a crime of violence as defined in § 14–101 of the Criminal Law Article; 2. a human trafficking offense under Title 3, Subtitle 11 of the Criminal Law Article; 3. first– or second–degree child abuse under § 3–601 of the Criminal Law Article; 4. a child pornography offense under § 11–207 of the Criminal Law Article; 5. a hate crime under § 10–304 of the Criminal Law Article; 6. a weapon crime under § 4–102, § 4–103, § 4–203(a)(1)(iii) or (iv), § 4–204, or § 4–303(a)(2) of the Criminal Law Article; 7. a weapon crime under § 5–138, § 5–140, § 5–141, § 5–207(c)(16), § 5–406(a)(3), or § 5–703(a) of the Public Safety Article; 8. aggravated cruelty to animals under § 10–606 or § 10–607 of the Criminal Law Article; 9. importation of fentanyl or a fentanyl analogue under § 5–614(a)(1)(xii) of the Criminal Law Article; 10. stalking under § 3–802 of the Criminal Law Article; 11. a criminal act involving circumstances presenting a substantial and ongoing threat to public safety or national security; or 12. a crime under the laws of another state substantially equivalent to a crime listed in items 1 through 10 of this item involving a fugitive from justice charged with a crime in that state and sought under Title 9 of this article; (ii) analyze an image or a recording of an individual: 1. engaged in activity protected under the United States Constitution, the Maryland Constitution, or the Maryland Declaration of Rights, unless there is reasonable suspicion to believe that the individual has committed, is in the process of committing, or is about to commit a crime; or 2. who is not intended to be identified; (iii) use facial recognition technology to analyze a sketch or manually produced image; (iv) disclose to a witness in the criminal investigation, prior to the witness participating in a live identification or photo array identification, that a particular suspect or image of a suspect was identified using facial recognition technology; or (v) use facial recognition technology for the purpose of live or real–time identification of an image or a recording. (2) (i) Except as provided in subparagraph (ii) of this paragraph, an image being evaluated using facial recognition technology may be compared only to images contained in: 1. the database of images of driver’s license and identification card photos maintained by the Motor Vehicle Administration or the department of motor vehicles of another state; or 2. a database of mugshot photos maintained by a local, State, or federal law enforcement agency or a law enforcement agency of another country. (ii) An image being evaluated using facial recognition technology may be compared to an image contained in a database other than a database described in subparagraph (i) of this paragraph if: 1. the law enforcement agency conducting the investigation has entered into an agreement with the entity that maintains the database governing the methods by which images in the database are collected; and 2. the agreement provides that the agreement will be terminated in the event that the entity maintaining the database commits a material breach of the provisions governing the methods by which images in the database are collected. (3) Before being used for any purpose in relation to a criminal investigation, a result generated by facial recognition technology shall be independently verified by an individual who has completed training in accordance with § 2–505 of this subtitle. (b) A police officer or other employee or agent of a law enforcement agency may not use facial recognition technology to identify an individual solely based on: (1) the police officer’s, employee’s, or agent’s personal interest not related to legitimate duties or objectives of the law enforcement agency; (2) the individual’s political or social beliefs or activities; (3) the individual’s participation in lawful activities; or (4) the individual’s race, color, religious beliefs, sexual orientation, gender, disability, national origin, or status as being homeless. (c) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a result generated by facial recognition technology in violation of this section and all other evidence subsequently derived from the result may not be introduced by the State for any purpose in a criminal court proceeding or in a juvenile court proceeding under Title 3, Subtitle 8A of the Courts Article. (2) Evidence derived from a result generated in violation of subsection (a)(1) of this section may be introduced for a purpose described in § 2–502 of this subtitle if the court finds that the evidence would otherwise be subject to a legally valid exception to the exclusionary rule. (3) This subsection may not be construed to allow the use of a result generated using facial recognition technology to be introduced as evidence in a criminal trial or in an adjudicatory hearing held under § 3–8A–18 of the Courts Article.

Md. Code, Criminal Procedure § 2-504

The State shall disclose, in accordance with the Maryland Rules regarding discovery, whether facial recognition technology has been used in an investigation relevant to a criminal court proceeding or juvenile court proceeding under Title 3, Subtitle 8A of the Courts Article, the name of each facial recognition system used, a description and the names of the databases searched, and all results generated from the use of the facial recognition technology that led to further investigative action for each facial recognition system and for each database searched.

Md. Code, Criminal Procedure § 2-505

(a) A law enforcement agency that uses or contracts for the use of facial recognition technology shall designate an employee of the law enforcement agency to be responsible for overseeing and administering the use of facial recognition technology in compliance with this subtitle as well as applicable local laws, regulations, and policies. (b) (1) On or before October 1 each year, a law enforcement agency that uses or contracts for the use of facial recognition technology shall complete an audit to determine compliance with this subtitle as well as applicable local laws, regulations, and policies. (2) The results of the audit conducted under this subsection, including any records, data, papers, or materials evaluated as part of the audit, shall be: (i) maintained by the law enforcement agency for at least 3 years after completion of the audit, after which the law enforcement agency may destroy all audit materials; and (ii) unless all audit materials have been destroyed in accordance with item (i) of this paragraph, disclosed if requested by: 1. the Attorney General; 2. the public defender; 3. a State’s Attorney; 4. a United States Attorney; or 5. a designee of an individual described in items 1 through 4 of this item. (c) A police officer or other employee or agent of a law enforcement agency authorized to use facial recognition technology in the course of criminal investigations shall annually complete training administered by the Department of Public Safety and Correctional Services under § 2–506 of this subtitle.

Md. Code, Criminal Procedure § 2-506

(a) The Department of State Police, in consultation with any other relevant State agency, shall adopt and publish a model statewide policy regarding the use of facial recognition technology. (b) A law enforcement agency may not use or contract for the use of facial recognition technology for use in criminal investigations unless the use is in accordance with the model statewide policy regarding the use of facial recognition technology adopted and published under subsection (a) of this section. (c) (1) On or before June 30, 2026, the Department of Public Safety and Correctional Services shall develop and administer a training program regarding the use of facial recognition technology in the course of criminal investigations, including training on cultural diversity and implicit bias. (2) In developing the training program required under paragraph (1) of this subsection, the Department shall evaluate the availability and relevance of any proficiency testing regarding the use of facial recognition technology in the course of criminal investigations.

Md. Code, Criminal Procedure § 2-507

This subtitle may not be construed to restrict the use of facial recognition technology for the purpose of: (1) identifying a missing or deceased person or a person who is incapacitated and unable to otherwise provide the person’s own identity; (2) redacting a recording or an image for release or disclosure to protect the privacy of an individual depicted in a recording or an image; (3) forensic analysis of electronic media seized by law enforcement in relation to a specific investigation if the person identified in the electronic media is not the subject of criminal charges resulting from the forensic analysis; (4) enhancing security systems for preventing unauthorized access to information, goods, materials, areas, or other properties under the custody or care of a law enforcement agency; or (5) conducting otherwise legitimate activity unrelated to a criminal investigation.

Md. Code, Criminal Procedure § 2-508

(a) A law enforcement agency that uses facial recognition technology shall adopt and maintain a use and data management policy. (b) A law enforcement agency that develops a policy under subsection (a) of this section shall post a copy of the policy on the agency’s public website. (c) A law enforcement agency that contracts for use of a nongovernment facial recognition system shall disclose on its public website the name of the system and the names and a description of the databases searched.

Md. Code, Criminal Procedure § 2-510

(a) On or before February 1 each year, a law enforcement agency using or contracting for the use of facial recognition technology shall prepare and publish an annual report that discloses information for the prior calendar year, including: (1) the name of each facial recognition system and the names and a description of the databases searched; (2) for each facial recognition system, the total number of facial recognition searches performed by the law enforcement agency and the type of crime or incident associated with each use; (3) the total number of possible matches returned that led to further investigative action for each facial recognition system and for each database searched including the age, race, and gender of individuals connected to the possible matches returned if the information is available from the government records searched; and (4) any data breaches or unauthorized uses of facial recognition technology under the law enforcement agency’s control. (b) On or before May 1 each year, a law enforcement agency required to prepare a report under subsection (a) of this section shall submit the report to the Governor’s Office of Crime Prevention, Youth, and Victim Services. (c) On or before October 1 each year, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report consisting of the information reported by law enforcement agencies under subsection (b) of this section, disaggregated by agency.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026