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*hb0172*
HOUSE BILL 172
L3 6lr1142
HB 748/25 – JUD (PRE–FILED)
By: Delegates Schindler, Behler, Miller, and Pasteur
Requested: October 9, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 7, 2026
CHAPTER ______
AN ACT concerning 1
Municipalities – Enforcement Officers – Body–Worn Cameras 2
FOR the purpose of including a certain municipal enforcement officer in the definition of 3
“law enforcement officer” for purposes of a certain exception to prohibitions against 4
wiretapping and electronic surveillance relating to the use of body–worn cameras by 5
law enforcement officers; authorizing a municipality to adopt an ordinance or a 6
resolution authorizing a certain enforcement officer to utilize body –worn cameras; 7
requiring a municipality that adopts a certain ordinance or resolution to publish a 8
certain policy; and generally relating to enforcement officers and body –worn 9
cameras. 10
BY repealing and reenacting, without amendments, 11
Article – Courts and Judicial Proceedings 12
Section 10–402(a) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Courts and Judicial Proceedings 17
Section 10–402(c)(11) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2025 Supplement) 20
BY adding to 21
2 HOUSE BILL 172
Article – Local Government 1
Section 6–103.1 2
Annotated Code of Maryland 3
(2013 Volume and 2025 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Courts and Judicial Proceedings 7
10–402. 8
(a) Except as otherwise specifically provided in this subtitle it is unlawful for any 9
person to: 10
(1) Willfully intercept, endeavor to intercept, or procure any other person 11
to intercept or endeavor to intercept, any wire, oral, or electronic communication; 12
(2) Willfully dis close, or endeavor to disclose, to any other person the 13
contents of any wire, oral, or electronic communication, knowing or having reason to know 14
that the information was obtained through the interception of a wire, oral, or electronic 15
communication in violation of this subtitle; or 16
(3) Willfully use, or endeavor to use, the contents of any wire, oral, or 17
electronic communication, knowing or having reason to know that the information was 18
obtained through the interception of a wire, oral, or electronic co mmunication in violation 19
of this subtitle. 20
(c) (11) (i) 1. In this paragraph the following words have the meanings 21
indicated. 22
2. “Body–worn digital recording device” means a device worn 23
on the person of a law enforcement officer or a correctional of ficer that is capable of 24
recording video and intercepting oral communications. 25
3. “Electronic control device” has the meaning stated in § 26
4–109 of the Criminal Law Article. 27
4. “LAW ENFORCEMENT OFFIC ER” INCLUDES A 28
MUNICIPAL ENFORCEMENT OFFICER DULY AUTHORIZED UNDER § 6–103.1 OF THE 29
LOCAL GOVERNMENT ARTICLE TO USE A BODY –WORN CAMERA DURING T HE 30
COURSE OF THE OFFICER’S DUTIES. 31
(ii) It is lawful under this subtitle for a law enforcement officer or a 32
correctional officer in the course of the officer’s regular duty to intercept an oral 33
communication with a body –worn digital recording device or an electronic control device 34
capable of recording video and oral communications if: 35
HOUSE BILL 172 3
1. The law enforcement officer or correctional officer is in 1
uniform or prominently displaying the officer’s badge or other insignia; 2
2. The law enforcement officer or correctional officer is 3
making reasonable efforts to conform to standards in accordance with § 3–511 of the Public 4
Safety Article or § 8–211 of the Correctional Services Article for the use of body–worn digital 5
recording devices or electronic control devices capable of recording video and oral 6
communications; 7
3. The law enforcement officer or correctional officer is a 8
party to the oral communication; 9
4. Law enforcement or the correctional officer notifies, as 10
soon as is practicable, the individual that the individual is being recorded, unless it is 11
unsafe, impractical, or impossible to do so; and 12
5. The oral interception is being made as part of a videotape 13
or digital recording. 14
(iii) Failure to notify under subparagraph (ii)4 of this paragraph does 15
not affect the admissibility in court of the recording if the failure to notify involved an 16
individual who joined a discussion in progress for which proper notification was previously 17
given. 18
Article – Local Government 19
6–103.1. 20
(A) IN THIS SECTION, “ENFORCEMENT OFFICER” MEANS AN EMPLOYEE OR 21
AGENT OF A MUNICIPALITY WHO IS AUTHORIZED TO ACT AS A CODE ENFORCEMENT, 22
PARKING ENFORCEMENT , OR TRAFFIC ENFORCEMENT OFFICER FOR THE 23
MUNICIPALITY. 24
(B) A MUNICIPALITY MAY ADO PT AN ORDINANCE OR A RESOLUTION 25
AUTHORIZING AN ENFOR CEMENT OFFICER TO UT ILIZE A BODY –WORN CAMERA 26
DURING THE COURSE OF THE ENFORCEMENT OFFICER’S DUTIES. 27
(C) A MUNICIPALITY THAT ADOPTS AN ORDINANCE OR A RESOLUTION 28
UNDER SUBSECTION (B) OF THIS SECTION SHALL DEVELOP AND PUBLISH A POLICY 29
FOR THE ISSUANCE AND USE OF A BODY –WORN CAMERA BY AN EN FORCEMENT 30
OFFICER THAT IS CONS ISTENT WITH THE POLI CY PUBLISHED BY THE MARYLAND 31
POLICE TRAINING AND STANDARDS COMMISSION UNDER § 3–511 OF THE PUBLIC 32
SAFETY ARTICLE FOR THE ISSUA NCE AND USE OF BODY –WORN CAMERAS BY LAW 33
ENFORCEMENT OFFICERS. 34
4 HOUSE BILL 172
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.