Maryland 2024 Regular Session

Maryland House Bill HB338

Introduced
1/17/24  
Refer
1/17/24  
Report Pass
3/15/24  
Engrossed
3/18/24  
Refer
3/18/24  
Report Pass
4/5/24  
Enrolled
4/8/24  
Chaptered
5/16/24  

Caption

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

Impact

The bill has significant implications for both state laws and local governance. By preempting local regulations regarding facial recognition technology, the state assumes authority over how law enforcement agencies can operate. This preemption is intended to create a consistent framework statewide, ensuring that all law enforcement agencies adhere to the established standards. Additionally, the bill requires law enforcement agencies to disclose information about their facial recognition practices and results, thereby promoting transparency and accountability.

Summary

House Bill 338 establishes requirements, procedures, and prohibitions concerning the use of facial recognition technology by law enforcement agencies in Maryland. It aims to ensure the responsible use of this technology while providing protections for individuals' privacy rights. The bill outlines specific conditions under which facial recognition technology may be utilized and mandates that results generated cannot be the sole basis for establishing probable cause or identifying individuals during criminal investigations unless supported by additional evidence.

Sentiment

The sentiment around HB 338 is mixed, reflecting the broader national debate regarding facial recognition technology. Proponents argue that the legislation is a necessary step toward balancing the benefits of advancing technology in law enforcement against the need to safeguard civil liberties and protect personal information. Critics, however, express concerns about the potential for misuse and the implications for privacy, emphasizing the importance of robust safeguards to prevent discrimination and abuse.

Contention

Points of contention primarily revolve around the effectiveness and ethical use of facial recognition technology. Critics argue that reliance on such technology can lead to wrongful accusations and erode trust in law enforcement. There are also fears that without adequate oversight, it could disproportionately impact marginalized communities. The requirement for yearly audits and reports is seen as an effort to mitigate these risks, but some advocate for stronger regulations to add further protections for civil rights and privacy.

Companion Bills

MD SB182

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

MD HB223

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 AB575

Prohibiting state agencies and local governmental units from using facial recognition technology or data generated from it.

MD H4640

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

MD H1946

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

MD S1053

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

MD A08788

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

Similar Bills

WV SB688

Providing for 4th Amendment Restoration Act

NJ A759

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

MN SF1242

Facial Recognition Technology Warrant Act of 2025

NH HB1283

relative to the use of face recognition technology.

US HB7997

Research and Oversight of AI in Courts Act of 2026

US SB4154

Research and Oversight of AI in Courts Act of 2026

US HB3060

No Biometric Barriers to Housing Act of 2025

CA AB1883

Workplace surveillance tools.