Maryland 2023 Regular Session

Maryland House Bill HB223

Introduced
1/23/23  
Refer
1/23/23  
Report Pass
3/16/23  
Engrossed
3/18/23  
Refer
3/20/23  

Caption

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Impact

The bill impacts state laws by setting forth a comprehensive conduct code for how facial recognition technology can be utilized within criminal justice. This includes a prohibition on using such technology for any investigation that does not pertain to serious crimes, such as human trafficking or violent crimes. The legislation mandates that results from facial recognition technology cannot serve as the sole basis for establishing probable cause or for identifying an individual, reinforcing the need for corroborating evidence to ensure that rights are upheld. This is intended to help address concerns about potential misuse or overreach by law enforcement agencies.

Summary

House Bill 223 establishes a framework for the use of facial recognition technology by law enforcement agencies in criminal investigations. The legislation creates clear requirements and procedures for the deployment of this technology, including necessary training for law enforcement personnel on its appropriate use. The bill aims to safeguard civil liberties while still allowing law enforcement to employ these advanced tools when justified under particular circumstances. Under the act, law enforcement agencies must adhere to a statewide policy regarding facial recognition technology and can only use approved systems as defined by the Department of Public Safety and Correctional Services.

Sentiment

The general sentiment surrounding HB 223 is divided among constituents and lawmakers. Supporters argue that it strikes a necessary balance between enhancing law enforcement capabilities and protecting individual privacy rights. They emphasize the importance of oversight and training to prevent the misuse of facial recognition technology. Critics, however, express concerns that the technology could exacerbate existing biases and civil liberties violations, particularly if not properly regulated. The bill highlights ongoing debates about the ethical implications and effectiveness of facial recognition systems in law enforcement.

Contention

Notable points of contention include concerns regarding the accuracy of facial recognition technology and its potential biases against marginalized communities. Activists and certain legislators fear that without strict oversight, the technology could lead to wrongful identifications and exacerbate systemic inequities in the justice system. The legislation includes provisions for annual reporting and audits to enforce compliance and transparency, yet critics argue that the effectiveness of such measures hinge on proper implementation and commitment from law enforcement agencies.

Companion Bills

MD SB192

Crossfiled Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB1046

Carry Over Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Previously Filed As

MD HB756

Law Enforcement - Use of Facial Recognition Technology - Images Captured in Dwelling Interior

MD HB0756

Law Enforcement - Use of Facial Recognition Technology - Images Captured in Dwelling Interior

MD HB762

Law Enforcement – Use of Facial Recognition Technology – Images Captured by Camera Affixed to Dwelling Exterior

MD HB0762

Law Enforcement – Use of Facial Recognition Technology – Images Captured by Camera Affixed to Dwelling Exterior

MD SF1242

Facial Recognition Technology Warrant Act of 2025

MD HB545

Criminal Procedure - Automated Expungement

MD A08788

Enacts the "facial recognition technology study act" to study privacy concerns and potential regulatory approaches to the development of facial recognition technology.

MD SB717

Criminal Procedure - Victims of Sexual Assault Offenses - Test Kit Submission Requirements

MD HB1266

Criminal Procedure - Victims of Sexual Assault Offenses - Test Kit Submission Requirements

MD SB0324

Criminal procedures.

Similar Bills

NJ A759

Requires AG to study law enforcement use of facial recognition technology and issue report with recommendations for Statewide policy.

WV SB688

Providing for 4th Amendment Restoration Act

MA H4640

To implement the recommendations of the special commission on facial recognition technology

MS HB528

Automated license plate recognition systems; prohibit use of in the state subject to certain exceptions.

MA H1946

To implement the recommendations of the special commission on facial recognition technology

MA S1053

To implement the recommendations of the special commission on facial recognition technology

IN HB1390

Bureau of motor vehicles.

OR SB159

Relating to veterans' recognition plates.