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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0762*
HOUSE BILL 762
E2 6lr0750
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 by 2
Camera Affixed to Dwelling Exterior 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 by a certain camera affixed to the 6
exterior of a dwelling; and generally relating to the use of facial recognition 7
technology by law enforcement. 8
BY repealing and reenacting, without amendments, 9
Article – Criminal Procedure 10
Section 2–501 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13
BY repealing and reenacting, with amendments, 14
Article – Criminal Procedure 15
Section 2–503 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Criminal Procedure 21
2–501. 22
(a) In this subtitle the following words have the meanings indicated. 23
2 HOUSE BILL 762
(b) (1) “Facial recognition technology” means a computer program, a service, 1
or any other technology that analyzes facial features and is used by or at the direction of a 2
law enforcement agency for the identification, verification, or persistent tracking o f 3
individuals in still or video images for use in criminal investigations. 4
(2) “Facial recognition technology” does not include technology: 5
(i) used only for the analysis of facial features to grant or deny 6
access to an electronic device; or 7
(ii) that uses an automated or semiautomated process only for the 8
purpose of redacting a recording or an image for release or disclosure outside a law 9
enforcement agency to protect the privacy of a subject depicted in the recording or image if 10
the process does not generate or result in the retention of any biometric data or surveillance 11
information. 12
(c) “Law enforcement agency” has the meaning stated in § 2 –101 of the Public 13
Safety Article. 14
2–503. 15
(a) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 16
SUBSECTION, A police officer or other employee or agent of a law enforcement agency may 17
not, in the furtherance of a criminal investigation: 18
(i) use facial recognition technology to investigate a crime other 19
than the commission of or the attempt to commit: 20
1. a crime of violence as defined in § 14 –101 of the Criminal 21
Law Article; 22
2. a human trafficking offense under Title 3, Subtitle 11 of 23
the Criminal Law Article; 24
3. first– or second–degree child abuse under § 3 –601 of the 25
Criminal Law Article; 26
4. a child pornography offense under § 11 –207 of the 27
Criminal Law Article; 28
5. a hate crime under § 10–304 of the Criminal Law Article; 29
6. a weapon crime under § 4 –102, § 4–103, § 4–203(a)(1)(iii) 30
or (iv), § 4–204, or § 4–303(a)(2) of the Criminal Law Article; 31
7. a weapon crime under § 5 –138, § 5 –140, § 5 –141, § 32
5–207(c)(16), § 5–406(a)(3), or § 5–703(a) of the Public Safety Article; 33
HOUSE BILL 762 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
AFFIXED TO THE EXTERIOR OF A DWELLING BY THE OWNER OR LAWFUL TENANT OF 28
THE DWELLING , A POLICE OFFICER OR OTHER EMPLOYEE OR AG ENT OF A LAW 29
ENFORCEMENT AGENCY M AY USE FACIAL RECOGN ITION TECHNOLOGY TO 30
INVESTIGATE THE COMMISSION OF OR THE ATTEMPT TO COMMIT: 31
4 HOUSE BILL 762
1. ARSON IN THE FIRST DEGREE UNDER § 6–102 OF THE 1
CRIMINAL LAW ARTICLE; 2
2. ARSON IN THE SECOND DEGREE UNDER § 6–103 OF 3
THE CRIMINAL LAW ARTICLE; 4
3. BURGLARY IN THE FIRST DEGREE UNDER § 6–202 OF 5
THE CRIMINAL LAW ARTICLE; 6
4. BURGLARY IN THE SECO ND DEGREE UNDER § 6–203 7
OF THE CRIMINAL LAW ARTICLE; 8
5. BURGLARY IN THE THIRD DEGREE UNDER § 6–204 OF 9
THE CRIMINAL LAW ARTICLE; 10
6. BURGLARY IN THE FOUR TH DEGREE UNDER § 6–205 11
OF THE CRIMINAL LAW ARTICLE; 12
7. BREAKING AND ENTERING MOTOR VEHICLE – ROGUE 13
AND VAGABOND UNDER § 6–206 OF THE CRIMINAL LAW ARTICLE; 14
8. TRESPASS ON POSTED P ROPERTY UNDER § 6–402 OF 15
THE CRIMINAL LAW ARTICLE; 16
9. WANTON TRESPASS ON P RIVATE PROPERTY UNDER § 17
6–403 OF THE CRIMINAL LAW ARTICLE; 18
10. USE OF A VEHICLE ON PRIVATE PROPERTY UND ER § 19
6–404 OF THE CRIMINAL LAW ARTICLE; 20
11. WANTON ENTRY ON CULT IVATED LAND UNDER § 21
6–406 OF THE CRIMINAL LAW ARTICLE; OR 22
12. ENTRY ON PROPERTY FO R PURPOSE OF INVADIN G 23
PRIVACY OF OCCUPANTS UNDER § 6–408 OF THE CRIMINAL LAW ARTICLE. 24
[(2)] (3) (i) Except as provided in subparagraph (ii) of this paragraph, 25
an image being evaluated usin g facial recognition technology may be compared only to 26
images contained in: 27
1. the database of images of driver’s license and 28
identification card photos maintained by the Motor Vehicle Administration or the 29
department of motor vehicles of another state; or 30
HOUSE BILL 762 5
2. a database of mugshot photos maintained by a local, State, 1
or federal law enforcement agency or a law enforcement agency of another country. 2
(ii) An image being evaluated using facial recognition technology 3
may be compared to an image co ntained in a database other than a database described in 4
subparagraph (i) of this paragraph if: 5
1. the law enforcement agency conducting the investigation 6
has entered into an agreement with the entity that maintains the database governing the 7
methods by which images in the database are collected; and 8
2. the agreement provides that the agreement will be 9
terminated in the event that the entity maintaining the database commits a material 10
breach of the provisions governing the methods by which images in the database are 11
collected. 12
[(3)] (4) Before being used for any purpose in relation to a criminal 13
investigation, a result generated by facial recognition technology shall be independently 14
verified by an individual who has completed training in accord ance with § 2 –505 of this 15
subtitle. 16
(b) A police officer or other employee or agent of a law enforcement agency may 17
not use facial recognition technology to identify an individual solely based on: 18
(1) the police officer’s, employee’s, or agent’s perso nal interest not related 19
to legitimate duties or objectives of the law enforcement agency; 20
(2) the individual’s political or social beliefs or activities; 21
(3) the individual’s participation in lawful activities; or 22
(4) the individual’s race, color, religious beliefs, sexual orientation, gender, 23
disability, national origin, or status as being homeless. 24
(c) (1) Except as provided in paragraph (2) of this subsection and subject to 25
paragraph (3) of this subsection, a result generated by facial recogn ition technology in 26
violation of this section and all other evidence subsequently derived from the result may 27
not be introduced by the State for any purpose in a criminal court proceeding or in a juvenile 28
court proceeding under Title 3, Subtitle 8A of the Courts Article. 29
(2) Evidence derived from a result generated in violation of subsection 30
(a)(1) OR (2) of this section may be introduced for a purpose described in § 2 –502 of this 31
subtitle if the court finds that the evidence would otherwise be subject t o a legally valid 32
exception to the exclusionary rule. 33
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(3) This subsection may not be construed to allow the use of a result 1
generated using facial recognition technology to be introduced as evidence in a criminal 2
trial or in an adjudicatory hearing held under § 3–8A–18 of the Courts Article. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2026. 5