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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1031*
HOUSE BILL 1031
E4, E1 6lr3561
By: Delegate Bartlett
Introduced and read first time: February 9, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Law Enforcement – Use of Force – National Guard Members 2
FOR the purpose of establishing certain use of force standards applicable to certain 3
National Guard members acting in the State; prohibiting a National Guard member 4
from violating the use of force standards, resulting in serious physical injury or death 5
to a person; and generally relating to use of force by law enforcement. 6
BY adding to 7
Article – Public Safety 8
Section 3–524.1 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2025 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Public Safety 14
3–524.1. 15
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “NATIONAL GUARD MEMBER” MEANS A MEMBER OF TH E 18
NATIONAL GUARD SUPPORTING OPERATIONS OR MISSIONS IN THE STATE AT THE 19
REQUEST OF THE PRESIDENT OF THE UNITED STATES OR THE SECRETARY OF 20
DEFENSE OF THE UNITED STATES UNDER 32 U.S.C. § 502. 21
(3) “SERIOUS PHYSICA L INJURY ” HAS THE MEANING STAT ED IN § 22
3–201 OF THE CRIMINAL LAW ARTICLE. 23
2 HOUSE BILL 1031
(B) (1) A NATIONAL GUARD MEMBER MAY NOT USE FORCE AGAINST A 1
PERSON UNLESS, UNDER THE TOTALITY O F THE CIRCUMSTANCES , THE FORCE IS 2
NECESSARY AND PROPORTIONAL TO: 3
(I) PREVENT AN IMMINENT THREAT OF PHYSICAL INJURY TO A 4
PERSON; OR 5
(II) EFFECTUATE A LEGITIM ATE LAW ENFORCEMENT 6
OBJECTIVE. 7
(2) A NATIONAL GUARD MEMBER SHALL CEASE THE U SE OF FORCE 8
AS SOON AS: 9
(I) THE PERSON ON WHOM THE FORCE IS USED: 10
1. IS UNDER THE NATIONAL GUARD MEMBER’S 11
CONTROL; OR 12
2. NO LONGER POSES AN I MMINENT THREAT OF 13
PHYSICAL INJURY OR DEATH TO THE NATIONAL GUARD MEMBER OR TO ANOTHER 14
PERSON; OR 15
(II) THE NATIONAL GUARD MEMBER DETERMINES THAT FORCE 16
WILL NO LONGER ACCOMPLISH A LEGITIMATE LAW ENFORCEMENT OBJECTIVE. 17
(C) A NATIONAL GUARD MEMBER SHALL: 18
(1) WHEN TIME, CIRCUMSTANCES, AND SAFETY ALLOW , TAKE STEPS 19
TO GAIN COMPLIANCE A ND DE –ESCALATE CONFLICT WI THOUT USING PHYSICAL 20
FORCE; 21
(2) INTERVENE TO PREVENT OR TERMINATE THE USE OF FORCE BY 22
ANOTHER NATIONAL GUARD MEMBER BEYOND WHAT IS AU THORIZED UNDER 23
SUBSECTION (B) OF THIS SECTION; 24
(3) RENDER BASIC FIRST AID TO A PERSON INJURED AS A RESULT OF 25
NATIONAL GUARD ACTION AND PROMPTLY REQUEST APPROPRIATE MEDICAL 26
ASSISTANCE; AND 27
(4) FULLY DOCUMENT ALL USE OF FORCE INCIDENTS THAT THE 28
NATIONAL GUARD MEMBER OBSERVED OR WAS INVOLVED IN. 29
HOUSE BILL 1031 3
(D) (1) A NATIONAL GUARD MEMBER MAY NOT INTENTIONALLY VIOLATE 1
SUBSECTION (B) OF THIS SECTION , RESULTING IN SERIOUS PHYSICAL INJURY OR 2
DEATH TO A PERSON. 3
(2) A NATIONAL GUARD MEMBER WHO VIOLATES PARAGRAPH (1) OF 4
THIS SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT 5
TO IMPRISONMENT NOT EXCEEDING 10 YEARS. 6
(3) A SENTENCE IMPOSED UND ER THIS SUBSECTION M AY BE 7
SEPARATE FROM AND CO NSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR 8
ANY CRIME BASED ON THE ACT ESTABLISHING A VIOLATION OF THIS SUBSECTION. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11