MD SB182: Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

In one paragraph

Maryland's SB 182 limits police use of facial recognition technology in criminal investigations to listed serious crimes (crimes of violence, human trafficking, child abuse, hate crimes, weapon crimes, stalking and others), bans live or real-time identification, and allows searches only of license, ID and mugshot photos unless an agreement governs another database. A trained person must verify each result before use; results cannot alone establish probable cause or identity and serve as evidence only for warrants and preliminary hearings. Agencies must audit, post policies and report yearly. Signed May 16, 2024 (Chapter 808; identical to HB 338, Chapter 809); effective October 1, 2024.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No duties for businesses. It governs Maryland law enforcement agencies' use of facial recognition. Vendors are affected indirectly: agencies must post contracted nongovernment systems and databases searched, and may search other databases only under an image-collection agreement.

Key provisions

1. 1New Criminal Procedure §§ 2-501 to 2-510: facial recognition technology is a computer program, service or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency to identify, verify or persistently track people in still or video images for criminal investigations; device-unlock tools and privacy redaction that retains no biometric data are excluded
2. 2Use only to investigate (or attempts at) crimes of violence, human trafficking, first- or second-degree child abuse, child pornography, hate crimes, listed weapon crimes, aggravated animal cruelty, fentanyl importation, stalking, acts posing a substantial and ongoing threat to public safety or national security, and equivalent out-of-state crimes of fugitives; the subtitle does not restrict identifying missing, deceased or incapacitated people, redaction, forensic analysis of seized electronic media where the person identified is not charged as a result, agency security systems or other legitimate activity unrelated to a criminal investigation
3. 3Barred: live or real-time identification; analyzing sketches or manually produced images; analyzing images of people engaged in constitutionally protected activity (absent reasonable suspicion of a crime) or not intended to be identified; telling a witness before a lineup or photo array that a suspect was found by facial recognition; identifying someone based solely on personal interest, political or social beliefs or activities, lawful activities, race, color, religious beliefs, sexual orientation, gender, disability, national origin or homelessness
4. 4Images may be compared only with MVA or other states' license and ID photos and law enforcement mugshot databases; another database only under an agreement with its maintainer governing how images are collected, terminated on material breach; a person trained under § 2-505 must independently verify each result before any use in an investigation
5. 5As evidence in a criminal proceeding, results may be considered or introduced only to establish probable cause or positive identification for a warrant or at a preliminary hearing, never as the sole basis and only with additional, independently obtained evidence, and not at a criminal trial or juvenile adjudicatory hearing. Results generated in violation of § 2-503 and evidence derived from them may not be introduced by the State, except that evidence derived from a violation of § 2-503(a)(1) may be used for warrant or preliminary-hearing purposes if the court finds a valid exclusionary-rule exception applies; the State must disclose in discovery any use, systems, databases and results that led to further investigative action
6. 6Agencies must designate an employee to oversee use, complete an audit by October 1 each year (kept at least 3 years), use it only in line with the State Police model statewide policy, adopt and post a use and data management policy and post the names of contracted nongovernment systems and databases searched; officers train annually under a DPSCS program due by June 30, 2026
7. 7Annual reports published by February 1 (systems, databases, searches by crime type, matches leading to further action with age, race and gender where available, breaches and misuse) and sent by May 1 to the Governor's Office of Crime Prevention, Youth, and Victim Services, which reports to the Governor and General Assembly by October 1; a person may sue an agency to compel compliance
8. 8Approved by the Governor May 16, 2024 (Chapter 808; identical to HB 338, Chapter 809); effective October 1, 2024

Latest legislative action

May 16, 2024. Approved by the Governor - Chapter 808

Sponsors (showing 5 of 22)

Roll call votes (showing 3 of 4)

Amendments (3)

• Favorable with Amendments 633720/1 Adopted Adopted 2024-03-12
• Favorable with Amendments 463923/1 Adopted Adopted 2024-04-04
• Conference Committee Report 983620/1 Adopted Adopted 2024-04-08

Related and companion bills

• Maryland HB338Criminal Procedure – Facial Recognition Technology – Requirements, Procedures, and Prohibitions