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AN ACT concerning
Law Enforcement Officers - Vehicle Laws - Race-Based Traffic Stops
FOR the purpose of requiring certain law
enforcement officers to record certain information pertaining to traffic
stops; requiring certain law enforcement agencies to report certain information
to the Maryland Justice Analysis Center (MJAC); requiring the Police Training
Commission to develop a certain format and guidelines and a standardized
format for the reporting of certain data; requiring the Police Training
Commission to develop a certain model policy; requiring the MJAC to analyze
certain data based on a methodology developed in conjunction with the Police
Training Commission; requiring the MJAC to make certain reports to the
General Assembly, the Governor, and law enforcement agencies; requiring
law enforcement agencies to adopt certain policies regarding race-based
traffic stops for certain purposes; providing for the phasing in of certain
requirements; requiring the MJAC to report to the Police Training
Commission law enforcement agencies that fail to comply with certain reporting
requirements; requiring specified actions following a report on the failure
of a law enforcement agency to comply; providing certain exceptions applicable
to law enforcement agencies that have entered into certain agreements;
defining certain terms; requiring the Governor to appropriate certain funding
in certain fiscal years to assist local law enforcement agencies to implement
certain provisions of this Act; providing for the termination of this Act;
and generally relating to law enforcement procedures and traffic stops.
BY adding to
Article - Transportation Section 25-113
Annotated Code of Maryland
(1999 Replacement Volume and 2000 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article - Transportation
25-113. (A) (1) IN THIS SECTION
THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(2)"LAW ENFORCEMENT AGENCY" MEANS AN AGENCY THAT IS LISTED IN ARTICLE 27, § 727(B) OF THE CODE AND THAT, IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION, IS SUBJECT TO THE PROVISIONS OF THIS SECTION.
(3) "LAW ENFORCEMENT OFFICER" MEANS ANY PERSON WHO, IN AN OFFICIAL CAPACITY, IS AUTHORIZED BY LAW TO MAKE ARRESTS AND WHO IS AN EMPLOYEE OF A LAW ENFORCEMENT AGENCY THAT IS SUBJECT TO THIS SECTION.
(4) "MARYLAND JUSTICE ANALYSIS CENTER" MEANS THE CENTER OPERATED BY THE DEPARTMENT OF CRIMINOLOGY AND CRIMINAL JUSTICE AT THE UNIVERSITY OF MARYLAND, COLLEGE PARK.
(5) "POLICE TRAINING COMMISSION" MEANS THE UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES ESTABLISHED UNDER ARTICLE 41, § 4-201 OF THE CODE.
(6) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, "TRAFFIC STOP" MEANS ANY INSTANCE WHEN A LAW ENFORCEMENT OFFICER STOPS THE DRIVER OF A MOTOR VEHICLE AND DETAINS THE DRIVER FOR ANY PERIOD OF TIME FOR A VIOLATION OF THE MARYLAND VEHICLE LAW.
(II) "TRAFFIC STOP" DOES NOT
INCLUDE:
1. A CHECKPOINT
OR ROADBLOCK STOP;
2. A STOP
OF MULTIPLE VEHICLES DUE TO A TRAFFIC ACCIDENT OR EMERGENCY SITUATION REQUIRING
THE STOPPING OF VEHICLES FOR PUBLIC SAFETY PURPOSES; OR
3. A
STOP BASED ON THE USE OF RADAR, LASER, OR VASCAR TECHNOLOGY.
(B) THE POLICE TRAINING COMMISSION, IN CONSULTATION WITH THE MARYLAND JUSTICE ANALYSIS CENTER, SHALL DEVELOP:
(1) A MODEL FORMAT FOR THE EFFICIENT RECORDING OF DATA REQUIRED UNDER SUBSECTION (D) OF THIS SECTION ON AN ELECTRONIC DEVICE, OR BY ANY OTHER MEANS, FOR USE BY A LAW ENFORCEMENT AGENCY;
(2) GUIDELINES THAT EACH LAW ENFORCEMENT AGENCY MAY USE AS A MANAGEMENT TOOL TO EVALUATE DATA COLLECTED BY ITS OFFICERS FOR USE IN COUNSELING AND IMPROVED TRAINING;
(3) A STANDARDIZED FORMAT THAT EACH LAW ENFORCEMENT AGENCY SHALL USE IN REPORTING DATA TO THE MARYLAND JUSTICE ANALYSIS CENTER UNDER SUBSECTION (E) OF THIS SECTION; AND
(4) ON OR BEFORE JULY 1, 2002, A MODEL POLICY AGAINST RACE-BASED TRAFFIC STOPS THAT A LAW ENFORCEMENT AGENCY COVERED UNDER SUBSECTION (C)(1) OF THIS SECTION CAN USE IN DEVELOPING ITS POLICY IN ACCORDANCE WITH SUBSECTION (G) OF THIS SECTION.
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THIS SECTION APPLIES TO EACH LAW ENFORCEMENT AGENCY THAT:
(I) ON JANUARY
1, 2002, HAS 100 OR MORE LAW ENFORCEMENT OFFICERS;
(II) ON JANUARY 1,
2003, HAS 50 OR MORE LAW ENFORCEMENT OFFICERS; AND
(III) ON JANUARY 1, 2004, HAS 1 OR MORE LAW
ENFORCEMENT OFFICERS.
(2) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) OF THIS SECTION, THIS SECTION DOES NOT APPLY TO A LAW ENFORCEMENT AGENCY THAT, ON OR BEFORE JULY 1, 2001, HAS ENTERED INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE THAT REQUIRES IT TO COLLECT DATA ON THE RACE OR ETHNICITY OF THE DRIVERS OF MOTOR VEHICLES STOPPED.
(D) EACH TIME A LAW ENFORCEMENT OFFICER MAKES A TRAFFIC STOP, THAT OFFICER SHALL REPORT THE FOLLOWING INFORMATION TO THE LAW ENFORCEMENT AGENCY THAT EMPLOYS THE OFFICER USING THE FORMAT DEVELOPED BY THE LAW ENFORCEMENT AGENCY UNDER SUBSECTION (B)(1) OF THIS SECTION:
(1) THE DATE, LOCATION, AND THE TIME OF
THE STOP;
(2) THE APPROXIMATE DURATION OF THE STOP;
(3) THE TRAFFIC VIOLATION OR VIOLATIONS ALLEGED
TO HAVE BEEN COMMITTED THAT LED TO THE STOP;
(4) WHETHER A SEARCH WAS CONDUCTED AS A RESULT
OF THE STOP;
(5) IF A SEARCH WAS CONDUCTED, THE REASON
FOR THE SEARCH, WHETHER THE SEARCH WAS CONSENSUAL OR NONCONSENSUAL, WHETHER
THE PERSON WAS SEARCHED, AND WHETHER THE PERSON'S PROPERTY WAS SEARCHED;
(6) WHETHER ANY CONTRABAND OR OTHER PROPERTY
WAS SEIZED IN THE COURSE OF THE SEARCH;
(7) WHETHER A WARNING, SAFETY EQUIPMENT REPAIR
ORDER, OR CITATION WAS ISSUED AS A RESULT OF THE STOP;
(8) IF A WARNING, SAFETY EQUIPMENT
REPAIR ORDER, OR CITATION WAS ISSUED, THE BASIS FOR ISSUING THE WARNING,
SAFETY EQUIPMENT REPAIR ORDER, OR CITATION;
(9) WHETHER AN ARREST WAS MADE
AS A RESULT OF EITHER THE STOP OR THE SEARCH;
(10) IF AN ARREST WAS MADE, THE
CRIME CHARGED;
(11) THE STATE IN WHICH THE STOPPED
VEHICLE IS REGISTERED;
(12) THE GENDER OF THE DRIVER;
(13) THE DATE OF BIRTH OF THE DRIVER;
(14) THE STATE AND, IF AVAILABLE ON THE DRIVER'S
LICENSE, THE COUNTY OF RESIDENCE OF THE DRIVER; AND
(15) THE RACE OR ETHNICITY OF THE DRIVER
AS:
(I) ASIAN;
(II) BLACK;
(III) HISPANIC;
(IV) WHITE;
OR
(V) OTHER.
(E) (1) A LAW ENFORCEMENT AGENCY SHALL:
(I) COMPILE THE DATA DESCRIBED IN SUBSECTION (D) OF THIS SECTION FOR THE CALENDAR YEAR AS A REPORT IN THE FORMAT REQUIRED UNDER SUBSECTION (B)(3) OF THIS SECTION; AND
(II) SUBMIT THE REPORT TO THE MARYLAND JUSTICE ANALYSIS CENTER NO LATER THAN MARCH 1 OF THE FOLLOWING CALENDAR YEAR.
(2) A LAW ENFORCEMENT AGENCY THAT IS
EXEMPT UNDER SUBSECTION (C)(2) OF THIS SECTION SHALL SUBMIT TO THE MARYLAND
JUSTICE ANALYSIS CENTER COPIES OF REPORTS IT SUBMITS TO THE UNITED STATES
DEPARTMENT OF JUSTICE IN LIEU OF THE REPORT REQUIRED UNDER PARAGRAPH (1)
OF THIS SUBSECTION.
(F) (1) THE MARYLAND JUSTICE ANALYSIS CENTER SHALL ANALYZE THE ANNUAL REPORTS OF LAW ENFORCEMENT AGENCIES SUBMITTED UNDER SUBSECTION (E) OF THIS SECTION BASED ON A METHODOLOGY DEVELOPED IN CONSULTATION WITH THE POLICE TRAINING COMMISSION.
(2) THE MARYLAND JUSTICE ANALYSIS CENTER SHALL SUBMIT A REPORT OF THE FINDINGS TO THE GOVERNOR, THE GENERAL ASSEMBLY AS PROVIDED IN § 2-1246 OF THE STATE GOVERNMENT ARTICLE, AND EACH LAW ENFORCEMENT AGENCY BEFORE SEPTEMBER 1 OF EACH YEAR.
(G) (1) A LAW ENFORCEMENT AGENCY SHALL ADOPT A POLICY AGAINST RACE-BASED TRAFFIC STOPS THAT IS TO BE USED AS A MANAGEMENT TOOL TO PROMOTE NONDISCRIMINATORY LAW ENFORCEMENT AND IN THE TRAINING AND COUNSELING OF ITS OFFICERS.
(2) THE POLICY SHALL PROHIBIT THE PRACTICE OF USING AN INDIVIDUAL'S RACE OR ETHNICITY AS THE SOLE JUSTIFICATION TO INITIATE A TRAFFIC STOP. HOWEVER, THE POLICY SHALL MAKE CLEAR THAT IT MAY NOT BE CONSTRUED TO ALTER THE AUTHORITY OF A LAW ENFORCEMENT OFFICER TO MAKE AN ARREST, CONDUCT A SEARCH OR SEIZURE, OR OTHERWISE FULFILL THE OFFICER'S LAW ENFORCEMENT OBLIGATIONS.
(3) THE POLICY SHALL PROVIDE FOR THE LAW ENFORCEMENT AGENCY TO PERIODICALLY REVIEW DATA COLLECTED BY ITS OFFICERS UNDER SUBSECTION (D) OF THIS SECTION AND TO REVIEW THE ANNUAL REPORT OF THE MARYLAND JUSTICE ANALYSIS CENTER FOR PURPOSES OF PARAGRAPH (1) OF THIS SUBSECTION.
(H) (1) IF A LAW ENFORCEMENT AGENCY FAILS TO COMPLY WITH THE REPORTING PROVISIONS OF THIS SECTION, THE MARYLAND JUSTICE ANALYSIS CENTER SHALL REPORT THE NONCOMPLIANCE TO THE POLICE TRAINING COMMISSION.
(2) THE POLICE TRAINING COMMISSION SHALL CONTACT THE LAW ENFORCEMENT AGENCY AND REQUEST THAT THE AGENCY COMPLY WITH THE REQUIRED REPORTING PROVISIONS.
(3) IF THE LAW ENFORCEMENT
AGENCY FAILS TO COMPLY WITH THE REQUIRED REPORTING PROVISIONS WITHIN 30
DAYS AFTER BEING CONTACTED BY THE POLICE TRAINING COMMISSION, THE MARYLAND
JUSTICE ANALYSIS CENTER AND THE POLICE TRAINING COMMISSION JOINTLY SHALL
REPORT THE NONCOMPLIANCE TO THE GOVERNOR AND THE LEGISLATIVE POLICY COMMITTEE
OF THE GENERAL ASSEMBLY.
SECTION 2. AND BE IT FURTHER ENACTED, That in order to assist local government law enforcement agencies to
implement the data collection and reporting provisions of this Act, the
Governor shall:
(1) provide for a deficiency appropriation
in the State budget for fiscal year 2002; and
(2) appropriate moneys in the State budget for fiscal
years 2003 through 2006.
SECTION 3. AND BE IT FURTHER ENACTED, That, beginning January 1, 2002, data shall be collected under Section 1 of this Act through December 31, 2006, and the Maryland Justice Analysis Center shall issue a final report on or beforeAugust 31, 2007.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2001. It shall remain effective
for a period of 6 years and 2 months and, at the end of August 31, 2007,
with no further action required by the General Assembly, this Act shall
be abrogated and of no further force and effect.