Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0756*
HOUSE BILL 756
E2 6lr0747
By: Delegate Conaway
Introduced and read first time: February 4, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Law Enforcement – Use of Facial Recognition Technology – Images Captured in 2
Dwelling Interior 3
FOR the purpose of authorizing the use of facial recognition technology by law enforcement 4
to investigate the commission or attempted commission of certain crimes if the image 5
used by facial recognition technology was captured in the interior of a dwelling; and 6
generally relating to the use of facial recognition technology by law enforcement. 7
BY repealing and reenacting, without amendments, 8
Article – Criminal Procedure 9
Section 2–501 10
Annotated Code of Maryland 11
(2025 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Procedure 14
Section 2–503 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Procedure 20
2–501. 21
(a) In this subtitle the following words have the meanings indicated. 22
(b) (1) “Facial recognition technology” means a compu ter program, a service, 23
or any other technology that analyzes facial features and is used by or at the direction of a 24
2 HOUSE BILL 756
law enforcement agency for the identification, verification, or persistent tracking of 1
individuals in still or video images for use in criminal investigations. 2
(2) “Facial recognition technology” does not include technology: 3
(i) used only for the analysis of facial features to grant or deny 4
access to an electronic device; or 5
(ii) that uses an automated or semiautomated process only for the 6
purpose of redacting a recording or an image for release or disclosure outside a law 7
enforcement agency to protect the privacy of a subject depicted in the recording or image if 8
the process does not generate or result in the retention of any biometric data or surveillance 9
information. 10
(c) “Law enforcement agency” has the meaning stated in § 2 –101 of the Public 11
Safety Article. 12
2–503. 13
(a) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 14
SUBSECTION, A police officer or other employee or agent of a law enforcement agency may 15
not, in the furtherance of a criminal investigation: 16
(i) use facial recognition technology to investigate a crime other 17
than the commission of or the attempt to commit: 18
1. a crime of violence as defined in § 14 –101 of the Criminal 19
Law Article; 20
2. a human trafficking offense under Title 3, Subtitle 11 of 21
the Criminal Law Article; 22
3. first– or second–degree child abuse under § 3 –601 of the 23
Criminal Law Article; 24
4. a child pornography offense under § 11–207 of the 25
Criminal Law Article; 26
5. a hate crime under § 10–304 of the Criminal Law Article; 27
6. a weapon crime under § 4 –102, § 4–103, § 4–203(a)(1)(iii) 28
or (iv), § 4–204, or § 4–303(a)(2) of the Criminal Law Article; 29
7. a weapon crime un der § 5 –138, § 5 –140, § 5 –141, § 30
5–207(c)(16), § 5–406(a)(3), or § 5–703(a) of the Public Safety Article; 31
HOUSE BILL 756 3
8. aggravated cruelty to animals under § 10–606 or § 10–607 1
of the Criminal Law Article; 2
9. importation of fentanyl or a fentanyl analogue under § 3
5–614(a)(1)(xii) of the Criminal Law Article; 4
10. stalking under § 3–802 of the Criminal Law Article; 5
11. a criminal act involving circumstances presenting a 6
substantial and ongoing threat to public safety or national security; or 7
12. a crime under the laws of another state substantially 8
equivalent to a crime listed in items 1 through 10 of this item involving a fugitive from 9
justice charged with a crime in that state and sought under Title 9 of this article; 10
(ii) analyze an image or a recording of an individual: 11
1. engaged in activity protected under the United States 12
Constitution, the Maryland Constitution, or the Maryland Declaration of Rights, unless 13
there is reasonable suspicion to believe that the individual has committed, is in the process 14
of committing, or is about to commit a crime; or 15
2. who is not intended to be identified; 16
(iii) use facial recognition technology to analyze a sketch or manually 17
produced image; 18
(iv) disclose to a witness in the criminal investigation, prior to the 19
witness participating in a live identification or photo array identification, that a particular 20
suspect or image of a suspect was identified using facial recognition technology; or 21
(v) use facial recognition technology for the purpose of live or 22
real–time identification of an image or a recording. 23
(2) (I) IN THIS PARAGRAPH , “DWELLING” MEANS A STRUCTURE 24
ANY PART OF WHICH HAS BEEN ADAPTED FOR OVERNIGHT ACCOMMODATION OF AN 25
INDIVIDUAL, REGARDLESS OF WHETHER AN INDIVIDUAL IS ACTUALLY PRESENT. 26
(II) IF A STILL OR VIDEO I MAGE WAS CAPTURED BY A CAMERA 27
INSIDE THE INTERIOR OF A DWELLING, A POLICE OFFICER OR OTHER EMPLOYEE OR 28
AGENT OF A LAW ENFOR CEMENT AGENCY MAY USE FACIAL RECOGNITI ON 29
TECHNOLOGY TO INVESTIGATE THE COMMISSION OF OR THE ATTEMPT TO COMMIT: 30
1. ARSON IN THE FIRST DEGREE UNDER § 6–102 OF THE 31
CRIMINAL LAW ARTICLE; 32
4 HOUSE BILL 756
2. ARSON IN THE SECOND DEGREE UNDER § 6–103 OF 1
THE CRIMINAL LAW ARTICLE; 2
3. BURGLARY IN THE FIRST DEGREE UNDER § 6–202 OF 3
THE CRIMINAL LAW ARTICLE; 4
4. BURGLARY IN THE THIRD DEGREE UNDER § 6–204 OF 5
THE CRIMINAL LAW ARTICLE; 6
5. BURGLARY IN THE FOUR TH DEGREE UNDER § 6–205 7
OF THE CRIMINAL LAW ARTICLE; 8
6. TRESPASS ON POSTED P ROPERTY UNDER § 6–402 OF 9
THE CRIMINAL LAW ARTICLE; OR 10
7. WANTON TRESPASS ON P RIVATE PROPERTY UNDER § 11
6–403 OF THE CRIMINAL LAW ARTICLE. 12
[(2)] (3) (i) Except as provided in subparagraph (ii) of this paragraph, 13
an image being evaluated using facial recognition technology may be compared only to 14
images contained in: 15
1. the database of images of driver’s license and 16
identification card photos maintained by the Motor Vehicle Administration or the 17
department of motor vehicles of another state; or 18
2. a database of mugshot photos maintained by a local, State, 19
or federal law enforcement agency or a law enforcement agency of another country. 20
(ii) An image being evaluated using facial recognition technology 21
may be compared to an image contained in a database other than a database described in 22
subparagraph (i) of this paragraph if: 23
1. the law enforcement agency conducting the investigation 24
has entered into an agreement with the entity that maintains the database governing the 25
methods by which images in the database are collected; and 26
2. the agreement provides that the agreement will be 27
terminated in the event that the entity maintaining the database commits a material 28
breach of the provisions governing the methods by which images in the database are 29
collected. 30
[(3)] (4) Before being used f or any purpose in relation to a criminal 31
investigation, a result generated by facial recognition technology shall be independently 32
HOUSE BILL 756 5
verified by an individual who has completed training in accordance with § 2 –505 of this 1
subtitle. 2
(b) A police officer or o ther employee or agent of a law enforcement agency may 3
not use facial recognition technology to identify an individual solely based on: 4
(1) the police officer’s, employee’s, or agent’s personal interest not related 5
to legitimate duties or objectives of the law enforcement agency; 6
(2) the individual’s political or social beliefs or activities; 7
(3) the individual’s participation in lawful activities; or 8
(4) the individual’s race, color, religious beliefs, sexual orientation, gender, 9
disability, national origin, or status as being homeless. 10
(c) (1) Except as provided in paragraph (2) of this subsection and subject to 11
paragraph (3) of this subsection, a result generated by facial recognition technology in 12
violation of this section and all other e vidence subsequently derived from the result may 13
not be introduced by the State for any purpose in a criminal court proceeding or in a juvenile 14
court proceeding under Title 3, Subtitle 8A of the Courts Article. 15
(2) Evidence derived from a result generat ed in violation of subsection 16
(a)(1) OR (2) of this section may be introduced for a purpose described in § 2 –502 of this 17
subtitle if the court finds that the evidence would otherwise be subject to a legally valid 18
exception to the exclusionary rule. 19
(3) This subsection may not be construed to allow the use of a result 20
generated using facial recognition technology to be introduced as evidence in a criminal 21
trial or in an adjudicatory hearing held under § 3–8A–18 of the Courts Article. 22
SECTION 2. AND BE I T FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24