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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1262*
HOUSE BILL 1262
E4, E2 EMERGENCY BILL 6lr2937
CF SB 854
By: Delegates Ruff, Ivey, J. Long, Acevero, Amprey, Martinez, and Young
Introduced and read first time: February 12, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Law Enforcement Officers – Restrictions 2
FOR the purpose of establishing that a federal law enforcement officer’s powers granted 3
under a certain provision of law may be exercised only when the federal law 4
enforcement officer is acting in accordance with State law; prohibiting a law 5
enforcement officer from engaging in racial profiling; prohibiting a law enforcement 6
agency from taking retaliatory punitive action against a law enforcement officer who 7
discloses information concerning racial profiling; requiring a law enforcement agency 8
to develop and maintain a certai n written policy on or before a certain date ; 9
establishing civil causes of action for certain violations; prohibiting a law 10
enforcement officer from taking any action that is prohibited by State law under 11
certain circumstances; and generally relating to law enforcement officers. 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Procedure 14
Section 2–104 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17
BY adding to 18
Article – Public Safety 19
Section 3–535 and 3–536 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Criminal Procedure 25
2–104. 26
2 HOUSE BILL 1262
(a) In this section, “federal law enforcement officer” means an officer who may: 1
(1) make an arrest with or without a warrant for violations of the United 2
States Code; and 3
(2) carry firearms in the performance of the officer’s duties. 4
(b) (1) Subject to the limitations of paragraph (2) of this subsection, a federal 5
law enforcement officer may: 6
(i) make arrests as set forth in Subtitle 2 of this title; and 7
(ii) execute arrest and search and seizure warrants issued under the 8
laws of the State. 9
(2) A federal law enforcement officer may exercise the powers granted by 10
this subsection when: 11
(i) THE FEDERAL LAW ENFO RCEMENT OFFICER IS A CTING IN 12
ACCORDANCE WITH STATE LAW; AND 13
(II) 1. the federal law enforcement officer is participating in a 14
joint investigation with officials from a State or local law enforcement unit; 15
[(ii)] 2. the federal law enforcement officer is rendering assistance 16
to a police officer; 17
[(iii)] 3. the federal law enforcement officer is acting at the request 18
of a local police officer or State Police officer; or 19
[(iv)] 4. an emergency [exists] IS IN EFFECT UNDER § 14–107 OR 20
§ 14–111 OF THE PUBLIC SAFETY ARTICLE. 21
(c) (1) A federal law enforcement officer who acts under the authority granted 22
by this section shall notify the following persons of an investigation, an enforcement action, 23
or a federal immigration enforcement action at a sensitive location, as defined in § 6 –111 24
of the State Government Article: 25
(i) 1. the chief of police, if any, or chief’s designee, whe n in a 26
municipal corporation; 27
2. the police commissioner or police commissioner’s designee, 28
when in Baltimore City; 29
HOUSE BILL 1262 3
3. the chief of police or chief’s designee, when in a county 1
with a county police department, except Baltimore City; 2
4. the sheriff or sheriff’s designee, when in a county without 3
a county police department; 4
5. the Secretary of Natural Resources or Secretary’s 5
designee, when on property owned, leased, operated by, or under the control of the 6
Department of Natural Resources; or 7
6. the chief of police of the Maryland Transportation 8
Authority or chief’s designee, when on property owned, leased, operated by, or under the 9
control of the Maryland Transportation Authority, Maryland Aviation Administration, or 10
Maryland Port Administration; and 11
(ii) the Department of State Police barrack commander or 12
commander’s designee, unless there is an agreement otherwise with the Department of 13
State Police. 14
(2) When the federal law enforcement officer participates in a joint 15
investigation with officials from a State or local law enforcement unit, the federal law 16
enforcement officer shall give the notice required under paragraph (1) of this subsection 17
reasonably in advance. 18
(d) A federal law enforcement officer who acts under the authority granted by this 19
section: 20
(1) has the same legal status as a police officer; 21
(2) has the same protections as a police officer under § 2–608 of the Courts 22
Article with regard to charging documents against police officers; and 23
(3) has the same immunity from liability described in § 5–611 of the Courts 24
Article. 25
(e) This section does not impose liability on or require indemnification by the 26
State or a local subdivision for an act performed by a federal law enforcement officer under 27
this section. 28
Article – Public Safety 29
3–535. 30
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32
4 HOUSE BILL 1262
(2) “LAW ENFORCEMENT OFFIC ER” HAS THE MEANING STAT ED IN § 1
2–608 OF THE COURTS ARTICLE. 2
(3) (I) “RACIAL PROFILING” MEANS RELYING, TO ANY DEGREE, ON 3
A PERSON ’S ACTUAL OR PERCEIVE D RACE , ETHNICITY, OR NAT IONAL ORIGIN IN 4
TAKING ANY LAW ENFORCEMENT ACTION AGAINST THE PERSON. 5
(II) “RACIAL PROFILING” DOES NOT INCLUDE REL IANCE BY A 6
LAW ENFORCEMENT OFFI CER ON A PERSON ’S ACTUAL OR PERCEIVED RACE, 7
ETHNICITY, OR NAT IONAL ORIGIN IN COMBINATION WITH OTHER IDENTIFYING 8
FACTORS WHEN THE LAW ENFORCEMENT OFFICER IS SEEKING TO APPREH END A 9
SPECIFIC SUSPECT WHOSE RACE, ETHNICITY, OR NATIONAL ORIGIN IS PART OF THE 10
DESCRIPTION OF THE S USPECT WANTED IN CON NECTION WITH A SPECIF IC 11
OFFENSE. 12
(B) A LAW ENFORCEMENT OFFI CER OR LAW ENFORCEMENT A GENCY MAY 13
NOT ENGAGE IN RACIAL PROFILING. 14
(C) A LAW ENFORCEMENT AGENCY MAY NOT TAKE RETALIATORY PUNITIVE 15
ACTION AGAINST A LAW ENFORCEMENT OF FICER WHO DISCLOSES INFORMATION 16
CONCERNING RACIAL PROFILING. 17
(D) (1) A PERSON HARMED BY A VIOLATION OF SUBSECTION (B) OR (C) OF 18
THIS SECTION MAY BRING A CIVIL ACTION IN THE CIRCUIT COURT WHERE THE 19
ALLEGED VIOLATION OCCURRED OR WHERE THE PLAINTIFF RESIDES. 20
(2) (I) A PLAINTIFF MAY ESTABLISH A VIOL ATION OF THIS 21
SECTION THROUGH DIRECT OR CIRCUMSTANTIAL EVIDENCE. 22
(II) EVIDENCE OF ANIMUS IS NOT NEEDED TO ESTABLISH A 23
VIOLATION OF THIS SECTION. 24
(3) IF A COURT FINDS THAT A VIOLATION OF SUBSECTION (B) OR (C) 25
OF THIS SECTION OCCURRED, THE COURT MAY AWARD: 26
(I) COMPENSATORY DAMAGES; 27
(II) INJUNCTIVE RELIEF; 28
(III) REASONABLE ATTORNEY ’S FEES AND LITIGATION 29
EXPENSES, INCLUDING EXPERT WITNESS FEES AND EXPENSES; AND 30
(IV) ANY OTHER APPROPRIATE RELIEF. 31
HOUSE BILL 1262 5
(E) ON OR BEFORE JANUARY 1, 2027, A LAW ENFORCEMENT AGENCY SHALL 1
DEVELOP AND MAINTAIN A WRITTEN POLICY CONSISTENT WITH THIS SECTION. 2
(F) THIS SECTION SHALL BE LIBERALLY C ONSTRUED TO EFFECTUA TE ITS 3
PURPOSE. 4
3–536. 5
A STATE OR LOCAL LAW ENFORCEMENT OFFICER MAY NOT TAKE ANY ACTION 6
PROHIBITED BY STATE LAW, EVEN WHEN ACTING UNDER COLOR OF FEDERAL LAW 7
PURSUANT TO AN AGREEMENT DEPUTIZING THE STATE OR LOCAL OFFICER. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 9
measure, is necessary for the immediate preservation of the public health or safety, has 10
been passed by a yea and nay vote supported by three –fifths of all the members elected to 11
each of the two Houses of the General Assembly, and shall take effect from the date it is 12
enacted. 13