Maryland 2024 Regular Session

Maryland Senate Bill SB182

Introduced
1/10/24  
Refer
1/10/24  
Report Pass
3/11/24  
Engrossed
3/14/24  
Refer
3/15/24  
Report Pass
4/3/24  
Enrolled
4/8/24  
Chaptered
5/16/24  

Caption

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

Impact

The passage of SB182 is poised to reshape the landscape of criminal procedure with respect to technological advancements in law enforcement. By requiring the development of a comprehensive policy regarding facial recognition technology usage, law enforcement agencies will be held accountable for the information they gather and the methods they employ. Agencies are required to maintain appropriate transparency, including annual reports detailing the use of facial recognition technology, the searches conducted, and their outcomes. This ensures that any deployment of such technology adheres to both state laws and community expectations regarding privacy and data protection.

Summary

Senate Bill 182 introduces significant regulations concerning the use of facial recognition technology by law enforcement agencies in Maryland. The bill sets forth a framework that mandates strict procedures and prohibitions related to the deployment of such technology, aiming to address privacy concerns while ensuring necessary investigative capabilities. This legislation establishes requirements that must be followed when utilizing facial recognition technology, specifically in criminal investigations, and asserts that results derived from such technology can only be used under stringent conditions, primarily to establish probable cause or identify individuals under particular circumstances.

Sentiment

Sentiment surrounding SB182 appears to be mixed, reflecting broader societal concerns regarding civil liberties versus the needs of law enforcement. Supporters of the bill welcome the oversight and accountability it brings, citing that it helps guard against potential abuses of technology that could infringe on individual rights. Detractors may argue that the regulations could limit law enforcement's flexibility and efficacy in criminal investigations, potentially hindering public safety efforts. Nevertheless, the overarching goal is to achieve a balance between utilizing innovative technologies and protecting civil liberties.

Contention

Notable points of contention involve the limitations placed on the types of crimes that facial recognition technology can be used to investigate. SB182 prohibits its use for analyzing individuals engaged in constitutionally protected activities unless there is a reasonable suspicion of criminality. Additional concerns revolve around the requirement for independent verification of results generated by the technology, which could impose additional burdens on law enforcement operations. As the bill moves forward, discussions will likely continue to focus on the implications for public safety and individual privacy rights.

Companion Bills

MD HB338

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

MD SB192

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 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 AB575

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

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

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.