Motor Vehicles - Police Stops - Secondary Enforcement and Excludable Evidence

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0081*

HOUSE BILL 81
R5, E2 6lr1541
HB 635/25 – JUD & ENT (PRE–FILED) CF SB 55
By: Delegate Phillips
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary and Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Motor Vehicles – Police Stops – Secondary Enforcement and Excludable 2
Evidence 3

FOR the purpose of requiring a police officer to document all reasons for a traffic stop or 4
other stop on a citation or police report resulting from the stop; establishing that 5
certain evidence obtained during a traffic stop or other stop in violation of c ertain 6
provisions of law may be excluded as evidence in certain proceedings; authorizing a 7
police officer to enforce certain provisions of the Maryland Vehicle Law only as a 8
secondary action; applying certain provisions of this Act retroactively; and generally 9
relating to police stops. 10

BY repealing and reenacting, with amendments, 11
Article – Criminal Procedure 12
Section 2–109 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15

BY repealing and reenacting, with amendments, 16
Article – Transportation 17
Section 13 –401, 13 –411, 13 –701, 21 –1111, 22 –203(b), 22 –204(f), 22 –403, and 18
22–406(i)(2) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2025 Supplement) 21

BY repealing and reenacting, without amendments, 22
Article – Transportation 23
Section 22–406(i)(1) 24
Annotated Code of Maryland 25
(2020 Replacement Volume and 2025 Supplement) 26

2 HOUSE BILL 81

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Criminal Procedure 3

2–109. 4

(a) At the commencement of a traffic stop or other stop, absent exigent 5
circumstances, a police officer shall: 6

(1) display proper identification to the stopped individual; and 7

(2) provide the following information to the stopped individual: 8

(i) the officer’s name; 9

(ii) the officer’s identification number issued by the law enforcement 10
agency the officer is representing; 11

(iii) the name of the law enforcement agency the police officer is 12
representing; and 13

(iv) the reason for the traffic stop or other stop. 14

(b) A POLICE OFFICER SHALL DOCUMENT ALL REASONS FOR A TRAFFIC 15
STOP OR OTHER STOP ON ANY CITATION OR POLICE REPORT RESULTING FROM THE 16
STOP. 17

(C) A police officer’s failure to comply with subsection (a) of this section: 18

(1) may be grounds for administrative di sciplinary action against the 19
officer; and 20

(2) may [not] serve as the basis for the exclusion of evidence under the 21
exclusionary rule. 22

[(c)] (D) A police officer may not prohibit or prevent a citizen from recording the 23
police officer’s actions if the citizen is otherwise acting lawfully and safely. 24

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
as follows: 26

Article – Transportation 27

13–401. 28

HOUSE BILL 81 3

(a) This section applies to any vehicle required to be registered under this title. 1

(b) (1) If a vehicle is not registered, a person may not drive the vehicle on a 2
highway in this State. 3

(2) (i) If a person is convicted of a violation of this subsection that 4
involved the use of an off–highway recreational vehicle on a highway, the court shall notify 5
the Administration of the violation. 6

(ii) The Chief Judge of the District Court, in conjunction with the 7
Administration, shall establish uniform procedures for reporting convictions described in 8
this paragraph. 9

(c) If a vehicle is not registered, the owner of the vehicle may not knowingly allow 10
the vehicle to be driven on a highway in this State. 11

(d) (1) If the required registration fee for a vehicle has not been paid, a person 12
may not drive the vehicle on a highway in this State. 13

(2) A POLICE OFFICER MAY E NFORCE THIS SUBSECTI ON ONLY AS A 14
SECONDARY ACTION WHE N THE POLICE OFFICER DETAINS A DRIVER OF A MOTOR 15
VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE. 16

(e) (1) If the required registration fee for a vehicle has not been paid, the owner 17
of the vehicle may not knowingly allow the vehicle to be driven on a highway in this State. 18

(2) A POLICE OFFICER MAY E NFORCE THIS SUBSECTI ON ONLY AS A 19
SECONDARY ACTION WHE N THE POLICE OFFICER DETAINS A DRIVER OF A MOTOR 20
VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE. 21

(f) If the registration of a vehicle is canceled, a person may not drive the vehicle 22
on a highway in this State. 23

(g) If the registration of a vehicle is canceled, the owner of the vehicle m ay not 24
knowingly allow the vehicle to be driven on a highway in this State. 25

(h) If the registration of a vehicle is suspended, a person may not drive the vehicle 26
on a highway in this State. 27

(i) If the registration of a vehicle is suspended, the owner of the vehicle may not 28
knowingly allow the vehicle to be driven on a highway in this State. 29

(j) If the registration of a vehicle is revoked, a person may not drive the vehicle 30
on a highway in this State. 31

4 HOUSE BILL 81

(k) If the registration of a vehicle is revoked, the owner of the vehicle may not 1
knowingly allow the vehicle to be driven on a highway in this State. 2

13–411. 3

(a) On a vehicle for which two registration plates are required, one plate shall be 4
attached on the front and the other on the rear of the vehicle. 5

(b) On a vehicle for which one registration plate is required, the plate shall be 6
attached on the: 7

(1) Front of the vehicle for a Class F (tractor) vehicle; and 8

(2) Rear of the vehicle for every other vehicle. 9

(c) (1) At all times, each registration plate shall be: 10

(i) Maintained free from foreign materials, including registration 11
plate covers as defined in § 13–411.1 of this subtitle, and in a condition to be clearly legible; 12
and 13

(ii) Securely fastened to the vehicle for which it is issued: 14

1. In a horizontal position; 15

2. In a manner that prevents the plate from swinging; and 16

3. In a place and position to be clearly visible. 17

(2) For a violation involving the placement of an object framing or 18
bordering the edges of a registration plate, a police officer may enforce this subsection only 19
as a secondary action when the police officer detains a driver of a motor vehicle for a 20
suspected violation of another provision of the Code. 21

(d) Except as otherwise expressly permitted by the Maryland Vehicle Law, as to 22
any vehicle required to be registered under this title, a person may not drive the vehicle on 23
any highway in this State, unless there is attached to the vehicle and displayed on it, as 24
required in this title: 25

(1) A registration plate or plates issued for the vehicle by the 26
Administration for the current registration period; and 27

(2) Any validation tab issued for the vehicle under this subtitle. 28

(e) Except as otherwise expressly permitted by the Maryland Vehicle L aw, as to 29
any vehicle required to be registered under this title, the owner of the vehicle may not 30
HOUSE BILL 81 5

permit the vehicle to be driven on any highway in this State, unless there is attached to 1
and displayed on the vehicle, as required in this title: 2

(1) A r egistration plate or plates issued by the Administration for the 3
current registration period; and 4

(2) Any validation tab issued for the vehicle under this subtitle. 5

(f) (1) Except as otherwise expressly permitted by the Maryland Vehicle Law, 6
a vehicle used or driven in this State may not display on either its front or rear any expired 7
registration plate issued by any state. 8

(2) A POLICE OFFICER MAY E NFORCE THIS SUBSECTI ON ONLY AS A 9
SECONDARY ACTION WHE N THE POLICE OFFICER DETAINS A DRIVER OF A MOTOR 10
VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE. 11

(g) Except as otherwise expressly permitted by the Maryland Vehicle Law, a 12
person may not display or permit to be displayed on any vehicle used or driven in this State 13
any registration plate issued for another vehicle or to a person other than the owner of the 14
vehicle. 15

(h) (1) A vehicle registered as a historic or antique vehicle (Class L) in this 16
State or in another state, when used or driven in this State, may display vintage 17
registration plates as an indication of the historic or antique nature of the vehicle. Except 18
as provided in paragraph (2) of this subsection, the place on the vehicle provided for the 19
display of registration plates may only be used for the display of current registration plates 20
in accordance with subsections (a) through (c) of this section, and any vintage registration 21
plates which are used shall be displayed elsewhere on the vehicle. 22

(2) If the Administration authorizes the display of vintage registration 23
plates in lieu of current registration plates, as provided in § 13 –936.1 of this title, the 24
vintage registration plates shall be displayed as required under subsections (a) through (c) 25
of this section. However, the current registration plates shall be kept i n the vehicle at all 26
times. 27

(i) It is the duty of every police officer to report to the Administration all vehicles 28
operated in violation of this section. The Administration shall verify whether the owner of 29
a reported vehicle has complied with this section. 30

(J) A POLICE OFFICER MAY NOT STOP A MOTOR VEHICLE FOR DISPLAYING 31
AN EXPIRED REGISTRAT ION BEFORE THE FIRST DAY OF THE FOURTH MO NTH 32
FOLLOWING THE ORIGINAL EXPIRATION DATE OF THE REGISTRATION. 33

13–701. 34

6 HOUSE BILL 81

(a) Except as otherwise provided in this title, as to any vehicle required to be 1
registered under this title, a person may not drive the vehicle on any highway in this State, 2
unless the vehicle displays current registration plates and a current registration card is 3
carried as required in this title. 4

(b) Except as otherwise provided in this title, as to any vehicle required to be 5
registered under this title, an owner of the vehicle may not knowingly permit the vehicle to 6
be driven on a highway in this State, unless the vehicle displays current registration plates 7
and a current registration card is carried as required in this title. 8

(C) (1) A POLICE OFFICER MAY E NFORCE THIS SECTION ONLY AS A 9
SECONDARY ACTION WHE N THE POLICE OFFICER DETAINS A DRIVER OF A MOTOR 10
VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE. 11

(2) A POLICE OFFICER MAY N OT STOP A MOTOR VEHI CLE FOR 12
DISPLAYING AN EXPIRED REGISTRATION BEFORE THE FIRST DAY OF T HE FOURTH 13
MONTH FOLLOWING THE ORIGINAL EXPIRATION DATE OF THE REGISTRATION. 14

21–1111. 15

(a) A person may not dr op, throw, or place on a highway any glass bottle, glass, 16
nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or 17
vehicle on the highway. 18

(b) Any person who drops, throws, or places or permits to be dropped, thrown, or 19
placed on a highway any destructive, hazardous, or injurious material immediately shall 20
remove it or cause it to be removed. 21

(c) Any person removing a wrecked or damaged vehicle from a highway also shall 22
remove from the highway any glass or other injurious substance dropped from the vehicle. 23

(d) A person may not throw, dump, discharge, or deposit any trash, junk, or other 24
refuse on any highway or public bridge or in any public waters. 25

(e) The owner of the vehicle, if present in the vehicle, or, in his absence, the driver 26
of the vehicle is presumed to be responsible for any violation of this section, if: 27

(1) The violation is caused by an occupant of the vehicle; 28

(2) The vehicle has two or more occupants; and 29

(3) It cannot be determined which occupant is the violator. 30

(f) A violation of this section is considered a moving violation for purposes of § 31
16–402 of this article. 32

HOUSE BILL 81 7

(G) A POLICE OFFICER MAY ENFORCE THIS SECTION ONLY AS A SECONDARY 1
ACTION WHEN THE POLICE OFFICER DETAINS A DRIVER OF A MOTOR VEHICLE FOR 2
A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE. 3

22–203. 4

(b) (1) Every motor vehicle, other than a motorcycle, shall be equipped with at 5
least two headlamps with at least one on each side of the front of the motor vehicle, whic h 6
headlamps shall emit white light and comply with the requirements and limitations set 7
forth in this title. 8

(2) IF A MOTOR VEHICLE , OTHER THAN A MOTORCY CLE, HAS AT 9
LEAST ONE WORKING HE ADLAMP ON THE FRONT OF THE VEHICLE THAT EMITS 10
WHITE LIGHT AND COMP LIES WITH THE REQUIREM ENTS AND LIMITATIONS SET 11
FORTH IN THIS TITLE, A POLICE OFFICER MAY ENFORCE THIS SUBSECTION ONLY AS 12
A SECONDARY ACTION W HEN THE POLICE OFFIC ER DETAINS A DRIVER OF THE 13
MOTOR VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE 14
CODE. 15

22–204. 16

(f) (1) Either a tail lamp or a separate lamp shall be constructed and placed 17
to illuminate, with a white light, the rear registration plate and render it clearly legible 18
from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate 19
lamp or lamps for illuminating the rear registration plate, shall be wired to be lighted 20
whenever the head lamps or auxiliary driving lamps are lighted. 21

(2) A POLICE OFFICER MAY E NFORCE THIS SUBSECTI ON ONLY AS A 22
SECONDARY ACTION WHEN THE POLICE O FFICER DETAINS A DRI VER OF A MOTOR 23
VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE. 24

22–403. 25

(a) Every motor vehicle shall be equipped with at least one mirror located to 26
reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of 27
the vehicle. 28

(b) Every motor vehicle registered in this State shall be equipped with an outside 29
mirror on the driver’s side located to reflect to the driver a view of the highway for a distance 30
of at least 200 feet to the rear of the vehicle and along the driver’s side of the vehicle. This 31
subsection does not apply to motorcycles, which are governed by subsection (c) of this 32
section. 33

(c) Every motorcycle shall be equipped with two rearview mirrors, one each 34
attached to the right and left handlebars, which shall meet applicable federal motor vehicle 35
safety standards. 36
8 HOUSE BILL 81

(d) (1) Where the view through the inside rearview mirror is obstructed, two 1
outside rearview mirrors are required. 2

(2) A POLICE OFFICER MAY E NFORCE THIS SUBSECTI ON ONLY AS A 3
SECONDARY ACTION WHE N THE POLICE OFFICER DETAINS A DRIVER OF A MOTOR 4
VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE. 5

22–406. 6

(i) (1) Except as provided in paragraph (4) of this subsection, a person may 7
not operate a vehicle registered under § 13 –912, § 13 –913, § 13 –917, or § 13 –937 of this 8
article on a highway in this State if: 9

(i) In the case of a vehicle registered under § 13 –912 of this article, 10
there is affixed to any win dow of the vehicle any tinting materials added to the window 11
after manufacture of the vehicle that do not allow a light transmittance through the window 12
of at least 35%; and 13

(ii) In the case of a vehicle registered under § 13–913, § 13–917, or § 14
13–937 of this article, there is affixed to any window to the immediate right or left of the 15
driver any window tinting materials added after manufacture of the vehicle that do not 16
allow a light transmittance through the window of at least 35%. 17

(2) If a police officer observes that a vehicle is being operated in violation 18
of paragraph (1) of this subsection, the officer may [stop the driver of the vehicle and, in 19
addition to]: 20

(I) ENFORCE PARAGRAPH (1) OF THIS SUBSECTION ONLY AS A 21
SECONDARY ACTION WHE N THE POLICE OFFICER DETAI NS A DRIVER OF A MOT OR 22
VEHICLE FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION OF THE CODE; AND 23

(II) 1. ISSUE a citation charging the driver with the offense [, 24
issue]; OR 25

2. ISSUE to the driver a safety equipment repair order in 26
accordance with the provisions of § 23–105 of this article. 27

SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 28
construed to apply retroactively and shall be applied to and interpreted to affect any 29
proceedings not finally adjudicated on the effective date of this Act. 30

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2026. 32