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*hb0351*
HOUSE BILL 351
E4 EMERGENCY BILL (6lr1852)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Moon Moon, Charkoudian, and Martinez
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of ________ _______ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Public Safety – Federal Agents – Digital Unmasking 2
Constitutional Rights – Violations and Digital Unmasking 3
Civil Actions – Violation of Constitutional Rights 4
(No Kings Act) 5
FOR the purpose of authorizing an aggrieved party or the Office of the Attorney General to 6
bring an action against a certain judicial officer who, under color of law, deprives 7
another of a right, a privilege, or an immunity secured under law; authorizing the 8
Office of the Attorney General, a State Prosecutor, or a State’s Attorney to direct the 9
Maryland State Police certain State and local law enforcement agencies to gather 10
and securely retain certain identifying digital data about a certain federal agent or 11
federal agents judicial officer at a certain time; authorizing a certain complainant 12
plaintiff to obtain certain identifying digital data only pursuant to in accordance with 13
a court order issued in a certain case action; and generally relating to law 14
enforcement officers violations of constitutional rights establishing certain civil 15
2 HOUSE BILL 351
liability for an individual who, under color of law, deprives another, or causes or 1
allows another to be deprived, of a right, a privilege, or an immunity secured by the 2
U.S. Constitution or the laws of the United States; and generally relating to civil 3
liability for the deprivation of rights. 4
BY adding to 5
Article – Courts and Judicial Proceedings 6
Section 3 –2701 and 3 –2702 to be under the new subtitle “Subtitle 27. Action for 7
Deprivation of Constitutional Rights” 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2025 Supplement) 10
BY adding to 11
Article – Public Safety 12
Section 3–535 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2025 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
SUBTITLE 27. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS. 19
3–2701. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) “JUDICIAL OFFICER” MEANS 23
(1) “COVERED OFFICER ” MEANS, EXCEPT AS PROVIDED I N 24
PARAGRAPH (2) OF THIS SUBSECTION, AN OFFICER WHO MAY: 25
(1) (I) MAKE AN ARREST WITH O R WITHOUT A WARRANT FOR 26
VIOLATIONS OF THE UNITED STATES CODE; AND 27
(2) (II) CARRY FIREARMS IN THE PERFORMANCE OF THE OFFICER’S 28
DUTIES. 29
(2) “COVERED OFFICER” DOES NOT INCLUDE A L AW ENFORCEMENT 30
OFFICER, AS DEFINED IN § 1–101 OF THE PUBLIC SAFETY ARTICLE, ACTING UNDER 31
THE AUTHORITY OF A JOINT TASK FORCE THAT PRIMARILY ENFORCES THE UNITED 32
STATES CODE. 33
HOUSE BILL 351 3
(C) “LAW” INCLUDES: 1
(1) THE U.S. CONSTITUTION; AND 2
(2) THE MARYLAND DECLARATION OF RIGHTS; 3
(3) THE MARYLAND CONSTITUTION; 4
(4) THE LAWS OF THE UNITED STATES; AND 5
(5) THE LAWS OF MARYLAND. 6
3–2702. 7
(A) (1) AN AGGRIEVED PARTY OR THE OFFICE OF THE ATTORNEY 8
GENERAL MAY BRING AN ACTION AGAINST A JUDICIAL OFFICER COVERED OFFICER 9
WHO, UNDER COLOR OF LAW , DEPRIVES THE AGGRIEV ED PARTY OR CAUSES O R 10
ALLOWS THE AGGRIEVED PARTY TO BE DEPRIVED OF A RIGHT, A PRIVILEGE, OR AN 11
IMMUNITY SECURED UNDER LAW THE LAW. 12
(2) AN AGGRIEVED PARTY OR THE OFFICE OF THE ATTORNEY 13
GENERAL MAY SEEK DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF IN AN 14
ACTION BROUGHT UNDER THIS SECTION. 15
(B) A DEFENDANT IN AN ACTI ON UNDER THIS SECTIO N MAY ASSERT ANY 16
DEFENSE OF IMMUNITY OTHERWISE APPLICABLE AT THE TIME THE CAUS E OF 17
ACTION ACCRUES THAT WAS AVA ILABLE AT THE TIME T HE CAUSE OF ACTION 18
ACCRUED. 19
(C) A COURT MAY AWARD REAS ONABLE FEES AND COST S, INCLUDING 20
ATTORNEY’S FEES AND EXPERT WITNESS FEES, TO A PREVAILING PLAINTIFF UNDER 21
THIS SECTION. 22
(D) (1) AN ACTION UNDER THIS SECTION SHALL BE FIL ED WITHIN 5 23
YEARS AFTER THE CAUSE OF ACTION ACCRUES. 24
(2) THIS SECTION MAY NOT BE CONSTRUED TO ABROGATE: 25
(I) ANY LOCAL GOVERNMENT LIABILITY UNDER STATE OR 26
COMMON LAW FOR THE A CTIONS OF STATE OR LOCAL GOVERNMENT EMPLOYEES; 27
OR 28
4 HOUSE BILL 351
(II) ANY STATUTORY WAIVER OF ANY DEFENSE , INCLUDING 1
IMMUNITY. 2
Article – Public Safety 3
3–535. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “FEDERAL AGENT ” MEANS A FEDERAL LAW ENFORCEMENT 7
OFFICER OR A PRIVATE CONTRACTOR HIRED BY THE DEPARTMENT OF HOMELAND 8
SECURITY TO ASSIST IN FEDERAL LAW ENFORCEMENT. 9
(3) “FEDERAL AGENT MISCONDUCT” MEANS: 10
(I) USE OF EXCESSIVE FORCE BY A FEDERAL AGENT AGAINST A 11
MEMBER OF THE PUBLIC; 12
(II) ASSAULT OF A MEMBER OF THE PUBLIC BY A F EDERAL 13
AGENT; 14
(III) KIDNAPPING OR UNLAWFUL D ETENTION OF A MEMBER OF 15
THE PUBLIC BY A FEDERAL AGENT; OR 16
(IV) ENGAGING IN ACTIONS BY A FEDERAL AGENT THAT LEAD TO 17
A CREDIBLE COMPLAINT OF A CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. § 1983. 18
(4) (2) “IDENTIFYING DIGITAL D ATA” MEANS DIGITAL 19
INFORMATION THAT CAN HELP CONFIRM THE IDE NTITY OF A FEDERAL A GENT 20
JUDICIAL OFFICER WHO IS THE SUBJECT O F A COMPLAINT OF FED ERAL AGENT 21
JUDICIAL OFFICER MISCONDUCT, INCLUDING: 22
(I) LICENSE PLATE DATA; 23
(II) CELL TOWER DATA; 24
(III) CELL PHONE DATA; 25
(IV) LOCATION DATA; 26
(V) IMAGE SEARCH RESULTS DATA; 27
HOUSE BILL 351 5
(VI) GPS DATA; 1
(VII) STINGRAY DATA; 2
(VIII) FACIAL RECOGNITION DATA; AND 3
(IX) ANY OTHER RECOVERABLE DATA THAT MAY HELP IDENTIFY 4
FEDERAL AGENTS. JUDICIAL OFFICERS. 5
(3) “JUDICIAL OFFICER” HAS THE MEANING STAT ED IN § 3–2701 OF 6
THE COURTS ARTICLE. 7
(4) “JUDICIAL OFFICER MISC ONDUCT” MEANS CAUSING OR 8
ALLOWING AN AGGRIEVED PARTY TO BE DEPRIVED OF A RIGHT, A PRIVILEGE, OR AN 9
IMMUNITY SECURED UNDER LAW. 10
(5) “LAW” HAS THE MEANING STATED IN § 3–2701 OF THE COURTS 11
ARTICLE. 12
(B) ON RECEIPT OF A COMPL AINT OF FEDERAL AGEN T JUDICIAL OFFICER 13
MISCONDUCT, THE OFFICE OF THE ATTORNEY GENERAL, A STATE PROSECUTOR, 14
OR A STATE’S ATTORNEY MAY DIRECT T HE MARYLAND STATE POLICE 15
APPROPRIATE STATE OR LOCAL LAW EN FORCEMENT AGENCY TO GATHER AND 16
SECURELY RETAIN AS M UCH IDENTIFYING DIGITAL DATA AS POSSIBLE ABOUT THE 17
FEDERAL AGENT JUDICIAL OFFICER OR FEDERAL AGENTS WH O ARE WHO IS THE 18
SUBJECT OF THE FEDERAL AGENT JUDICIAL OFFICER MISCONDUCT COMPLAINT. 19
(C) A COMPLAINANT PLAINTIFF MAY OBTAIN ACCESS TO THE IDENTIFYING 20
DIGITAL DATA RELEVAN T TO THE COMPLAINANT ’S PLAINTIFF’S COMPLAINT ONLY 21
PURSUANT TO IN ACCORDANCE WITH A COURT ORDER ISSUED IN: AN ACTION UNDER 22
TITLE 3, SUBTITLE 27 OF THE COURTS ARTICLE. 23
(1) A 42 U.S.C. § 1983 CIVIL RIGHTS CASE; OR 24
(2) A CRIMINAL PROCEEDIN G INVOLVING THE SUBJ ECT OF THE 25
FEDERAL AGENT MISCONDUCT COMPLAINT. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2026. 28
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 29
the application of any provision of this Act to any person or circumstance is held invalid for 30
any reason in a court of competent jurisdiction, the invalidity does not affect other 31
provisions or any other application of this Act that can be given effect without the invalid 32
6 HOUSE BILL 351
provision or application, and for this purpose the provisions of this Act are declared 1
severable. 2
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 5
measure, is necessary for the immediate preservation of the public health or safety, has 6
been passed by a yea and nay vote supported by three –fifths of all the members elected to 7
each of the two Houses of the General Assembly, and shall take effect from the date it is 8
enacted. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.