SB 71
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 71 (Senator Sydnor, et al.)
Judicial Proceedings Judiciary
Maryland Police Accountability Act of 2021 - Body-Worn Cameras, Employee
Programs, and Use of Force
This bill (1) requires specified law enforcement agencies to require the use of a body-worn
camera (BWC) 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) requires each law enforcement agency to establish a specified early
intervention system; (3) requires each law enforcement agency to provide access to an
“employee assistance program” for all police officers that the law enforcement agency
employs and develop a policy to provide access to required program services at no cost to
a police officer; (4) establishes the Maryland Use of Force Statute; and (5) extends the
duration and required duties of the Law Enforcement Body Camera Task Force. The
provisions pertaining to the Law Enforcement Body Camera Task Force take effect
June 1, 2021; all other provisions take effect July 1, 2022.
Fiscal Summary
State Effect: General fund expenditures increase by $2.6 million in FY 2023.
Transportation Trust Fund (TTF) expenditures increase by $114,000 in FY 2023. Future
years reflect ongoing costs. Revenues are not affected.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 0 2,570,900 1,778,100 1,798,200 1,818,900
SF Expenditure 0 114,000 110,100 111,800 113,500
Net Effect $0 ($2,684,900) ($1,888,200) ($1,910,000) ($1,932,400)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: County expenditures increase significantly to comply with the bill’s BWC
requirements. Revenues are not affected. This bill imposes a mandate on a unit of local
government.
Small Business Effect: None.
 Analysis
Bill Summary: The bill incorporates the definition of a “law enforcement agency” under
§ 3-201 of the Public Safety Article.
Body-Worn Cameras
By July 1, 2023, the Department of State Police (DSP), the Anne Arundel County Police
Department, the Howard County Police Department, and the Harford County Sheriff’s
Office must require the use of a BWC 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, subject to the agency’s policy on the use of
BWCs. A law enforcement agency of a county that is not subject to the July 1, 2023
deadline is required to comply with the aforementioned requirement by July 1, 2025. A
BWC that possesses the requisite technological capability must automatically record and
save at least 60 seconds of video footage immediately prior to the officer activating the
record button on the device.
A law enforcement agency subject to the bill’s BWC requirements must develop and
maintain a written policy consistent with the policy published by the Maryland Police
Training and Standards Commission (MPTSC) for the use of BWCs. The policy must
specify which law enforcement officers employed by the law enforcement agency are
required to use BWCs. A law enforcement agency may not negate or alter any of the
requirements or policies established in accordance with specified BWC-related provisions
through collective bargaining.
Early Intervention System
The bill repeals a provision that requires each law enforcement agency to establish a
confidential and nonpunitive early intervention policy for counseling officers who receive
three or more citizen complaints within a 12-month period. Instead, the bill requires each
law enforcement agency to 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 those officers with training, behavioral interventions, reassignments, or
other appropriate responses to reduce the risk of the use of excessive force. The system
may not prevent the investigation of or imposition of discipline for any particular
complaint.
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Employee Assistance Program
Each law enforcement agency must provide access to an “employee assistance program”
for all police officers whom the law enforcement agency employs. An “employee
assistance program” is 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.
The employee assistance program must provide police officers access to confidential
mental health services, including counseling services, crisis counseling, stress management
counseling, resiliency sessions, and peer support services for police officers. The employee
assistance program also must include a component designed to protect the mental health of
police officers during periods of public demonstrations and unrest.
In addition to the early intervention system and as part of the required employee assistance
program, before a police officer returns to full duty, a law enforcement agency must
provide to the police officer (1) a voluntary mental health consultation and voluntary
counseling services if the police officer is involved in an incident involving an accident
resulting in a fatality and (2) a mandatory mental health consultation and voluntary
counseling services if the police officer is involved in an incident involving a serious injury
to the police officer, an officer-involved shooting, or any use of force resulting in a fatality
or serious injury. A mental health consultation and counseling service provided pursuant
to these provisions must be confidential.
Maryland Use of Force Statute
The bill establishes the Maryland Use of Force Statute, which establishes requirements
regarding a police officer’s use of force; requires a police officer to sign an affirmative
written sanctity of life pledge to respect every human life and act with compassion toward
others; requires a law enforcement agency to adopt specified policies; and requires a police
officer to undergo specified training. The statute applies to police officers and “special
police officers.”
A police officer may not use force against a person unless, under the totality of the
circumstances, the force is necessary and proportional to prevent an imminent threat of
physical injury to a person or effectuate a legitimate law enforcement objective. A police
officer must cease the use of force as soon as (1) the person on whom the force is used is
under the police officer’s control or no longer poses an imminent threat of physical injury
or death to the police officer or to another person or (2) the police officer determines that
force will no longer accomplish a legitimate law enforcement objective. A police officer
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who intentionally violates the prohibitions on use of force that results in “serious physical
injury” or death to a person is guilty of a misdemeanor, punishable by imprisonment for
up to 10 years. A sentence imposed for a conviction may be separate from and consecutive
to or concurrent with a sentence for any crime on which the act establishing a violation.
Also, a police officer must (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 the authorized use
of force described above; (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.
A police supervisor must respond to the scene of any incident during which a police officer
used physical force and caused serious physical injury and gather and review all known
video recordings of a use of force incident. A law enforcement agency must have a written
de-escalation of force policy and adopt a written policy requiring supervisory and
command-level review of all use of force incidents.
A police officer must (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 must comply with
the Maryland Use of Force Statute.
Law Enforcement Body Camera Task Force
The bill extends, from June 30, 2021, to June 30, 2023, the termination date of the Law
Enforcement Body Camera Task Force established by Chapter 309 of 2020. The bill also
expands the duties of the task force to include (1) studying and making findings on the
implementation and feasibility of requiring the use of BWCs by police officers in counties
and municipalities throughout the State and (2) making recommendations regarding
requiring the use of BWCs by counties and municipalities based on its findings. The task
force must submit a report of its findings and recommendations to the General Assembly
by December 1, 2022.
Current Law:
Body-Worn Cameras and MPTSC’s Body-Worn Camera Policy
While statute does not require a law enforcement agency to use BWCs, by January 1, 2016,
MPTSC was required to develop and publish online a policy for the issuance and use of a
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BWC by a law enforcement officer that addresses specified factors, including mandatory,
prohibited, and discretionary recording; when a recording may be ended; and retention of
recordings.
Relevant Definitions
Under Section 3-201 of the Public Safety Article, with specified exceptions for members
of the Maryland National Guard, a “law enforcement agency” is 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. Section 3-201 defines a “police officer”
as an individual who is authorized to enforce the general criminal laws of the State and is
a member of one of a list of specified law enforcement agencies, with specified inclusions
and exclusions from the list.
Maryland Police Training and Standards Commission
MPTSC, an independent commission within the Department of Public Safety and
Correctional Services (DPSCS), operates approved police training schools and prescribes
standards for and certifies schools that offer police and security training. In consultation
and cooperation with various entities, it also sets minimum qualifications for instructors
and certifies qualified instructors for approved training schools.
Early Intervention Counseling
Each law enforcement agency must establish a confidential and nonpunitive early
intervention policy for counseling officers who receive three or more citizen complaints
within a 12-month period. The policy may not prevent the investigation of or imposition
of discipline for any particular complaint.
Employee Assistance Program
The Employee and Labor Relations Division within the Department of Budget and
Management administers the Employee Assistance Program, which provides confidential
and professional referral and assessment services to State employees experiencing personal
difficulties that are affecting job performance.
Other Related Programs
Maryland Police Training and Standards Commission: In consultation with the Maryland
Department of Health (MDH), MPTSC must establish a confidential hotline that is
available for police officers and other law enforcement personnel to contact and speak with
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a trained peer law enforcement officer or a mental health professional who may provide
initial counseling advice and confidential referral to appropriate services. In addition,
MPTSC is required 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.
Maryland Behavioral Health Crisis Response System: The Maryland Behavioral Health
Crisis Response System (BHCRS) must (1) operate a statewide network utilizing existing
resources and coordinating interjurisdictional services to develop efficient and effective
crisis response systems to serve all individuals in the State, 24 hours a day and 7 days a
week; (2) provide skilled clinical intervention to help prevent suicides, homicides,
unnecessary hospitalizations, and arrests or detention, and to reduce dangerous or
threatening situations involving individuals in need of behavioral health services; and
(3) respond quickly and effectively to community crisis situations.
In each jurisdiction, a crisis communication center provides a single point of entry to the
system and coordination with the local core service agency (CSA) or local behavioral
health authority, police, emergency medical service personnel, and behavioral health
providers. Crisis communication centers are authorized to provide a variety of specified
programs.
The Behavioral Health Administration within MDH determines the implementation of
BHCRS in collaboration with the local CSA or local behavioral health authority serving
each jurisdiction. Additionally, BHCRS must conduct an annual survey of consumers and
family members who have received services from the system. Annual data collection is
also required on the number of behavioral health calls received by police, attempted and
completed suicides, unnecessary hospitalizations, hospital diversions, arrests and
detentions of individuals with behavioral health diagnoses, and diversion of arrests and
detentions of individuals with behavioral health diagnoses.
Chapter 209 of 2018 established a Behavioral Health Crisis Response Grant Program in
MDH to provide funds to local jurisdictions to establish and expand community behavioral
health crisis response systems.
Crisis Intervention Team Center for Excellence: Chapter 547 of 2020 established a Crisis
Intervention Team Center of Excellence (CITCE) in the Governor’s Office of Crime
Prevention, Youth, and Victim Services to (1) provide technical support to local
governments, law enforcement, public safety agencies, behavioral health agencies, and
crisis service providers and (2) develop and implement a crisis intervention model program.
The operation of CITCE is subject to the limitations of the State budget and must be
supported by appropriations provided in the State budget, grants or other assistance from
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federal, State, or local government, and any other money made available to CITCE from
any public or private source. By December 1 annually, CITCE must report to the
General Assembly on its activities and related criminal justice efforts. “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.
Use of Force
Common law allowed police officers to use any force necessary to effectuate a felony
arrest; however, in Tennessee v. Garner, 471 U.S. 1 (1985), the U.S. Supreme Court held
that when a law enforcement officer is pursuing a fleeing suspect, the officer may not use
deadly force to prevent escape unless “the officer has probable cause to believe that the
suspect poses a significant threat of death or serious physical injury to the officer or others.”
In Graham v. Connor, 490 U.S. 386 (1989), the U.S. Supreme Court expanded its definition
to include the objective reasonableness standard. The court held that the
Fourth Amendment “reasonableness” inquiry is “whether the officers’ actions are
‘objectively reasonable’ in light of the facts and circumstances confronting them, without
regard to their underlying intent or motivation. The ‘reasonableness’ of a particular use of
force must be judged from the perspective of a reasonable officer on the scene, and its
calculus must embody an allowance for the fact that police officers are often forced to
make split-second decisions about the amount of force necessary in a particular situation.”
In Randall v. Peaco, 175 Md. App. 320 (2007), the Court of Special Appeals applied
principles of the Graham v. Connor case and stated that the test for determining the
objective reasonableness of an officer’s conduct for purposes of deciding a claim of
excessive force brought under the State constitution is the test the U.S. Supreme Court
announced in Graham v. Connor.
State Expenditures: State expenditures (general fund and TTF) increase by
approximately $2.7 million in fiscal 2023 for DSP and Maryland Transit Administration
(MTA) Police to comply with the bill’s requirements, as discussed below. Future year
expenditures reflect annualization and ongoing costs. The bill’s criminal penalty provision
is not expect