Department of State Police - Centralized Background Check Division

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1419*

HOUSE BILL 1419
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By: Delegate Solomon (By Request – Joint Audit and Evaluation Committee)
Introduced and read first time: February 13, 2026
Assigned to: Government, Labor, and Elections and Judiciary

A BILL ENTITLED

AN ACT concerning 1

Department of State Police – Centralized Background Check Division 2

FOR the purpose of establishing the Centralized Background Check Division in the 3
Department of State Police; requiring the Division to require each unit of State and 4
local government to take certain actions; requiring the Division to provide or 5
coordinate certain support services to units of State and local government; providing 6
for the process and confidentiality of a position–related background investigation ; 7
requiring a certain unit of State or local government to include a certain condition of 8
funding for a regulated position funded by the unit; providing for the loss of a certain 9
contract or debarment under certain circumstances for a violation of this Act; and 10
generally relating to the Centralized Background Check Division. 11

BY adding to 12
Article – Public Safety 13
Section 2–901 through 2–906 to be under the new subtitle “Subtitle 9. Centralized 14
Background Check Division” 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2025 Supplement) 17

BY adding to 18
Article – State Finance and Procurement 19
Section 16–203(e) 20
Annotated Code of Maryland 21
(2021 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 – Public Safety 25

2 HOUSE BILL 1419

SUBTITLE 9. CENTRALIZED BACKGROUND CHECK DIVISION. 1

2–901. 2

(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 3
INDICATED. 4

(B) “DESIGNATED INDIVIDUAL” MEANS AN EMPLOYEE OF A UNIT OF STATE 5
OR LOCAL GOVERNMENT RESPONSIBLE FOR ALL POSITION–RELATED BACKGROUND 6
INVESTIGATION PROCESSES AND PROCEDURES. 7

(C) “DISQUALIFYING EVENT” MEANS AN EVENT, INCLUDING AN ARREST, AN 8
ADJUDICATION, A CONVICTION, OR A REQUIREMENT FOR REGISTRATION AS A SEX 9
OFFENDER, FOR WHICH AN INDIVID UAL IS INELIGIBLE TO HOLD A REGULATED 10
POSITION. 11

(D) “DIVISION” MEANS THE CENTRALIZED BACKGROUND CHECK 12
DIVISION. 13

(E) (1) “EMPLOYEE OR SERVICE PROVIDER” MEANS AN INDIVIDUAL WHO 14
PROVIDES SERVICES TO AN EMPLOYER. 15

(2) “EMPLOYEE OR SERVICE PROVIDER” INCLUDES: 16

(I) A PAID OR UNPAID VOLUNTEER OR INTERN; 17

(II) A CONTRACTOR, SUBCONTRACTOR, OR VENDOR; AND 18

(III) ANY OTHER INDIVIDUAL WHO PROVIDES GOODS OR 19
SERVICES TO A UNIT O F STATE OR LOCAL GOVERN MENT AS DETERMINED B Y THE 20
DIVISION. 21

(F) “REGULATED POSITION” MEANS A POSITION AS AN EMPLOYEE OR 22
SERVICE PROVIDER WITHIN OR FUNDED BY A UNIT OF STATE OR LOCAL 23
GOVERNMENT THAT: 24

(1) IS REQUIRED BY STATE OR LOCAL LAW, REGULATION, OR POLICY 25
TO HAVE A POSITION–RELATED BACKGROUND INVESTIGATION; AND 26

(2) PROHIBITED ACTIVITY WOULD DISQUALIFY AN INDIVIDUAL FROM 27
HOLDING. 28

2–902. 29
HOUSE BILL 1419 3

(A) THERE IS A CENTRALIZED BACKGROUND CHECK DIVISION IN THE 1
DEPARTMENT. 2

(B) THE DIVISION, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC 3
SAFETY AND CORRECTIONAL SERVICES, IS RESPONSIBLE FOR OVERSIGHT OF 4
POSITION–RELATED BACKGROUND INVESTIGATIONS OF INDIVIDUALS WHO HOLD OR 5
HAVE BEEN SELECTED TO HOLD REGULATED POSITIONS. 6

(C) IN COORDINATION WITH THE DEPARTMENT OF PUBLIC SAFETY AND 7
CORRECTIONAL SERVICES, THE DIVISION SHALL: 8

(1) ESTABLISH STANDARDS AND BEST PRACTICES F OR THE 9
CENTRALIZATION AND E FFICIENCY OF BACKGRO UND INVESTIGATION PROCESSES 10
STATEWIDE; 11

(2) WORK WITH STATE AGENCIES AND LO CAL GOVERNMENTS TO 12
ENSURE THAT REQUIRED POSITION–RELATED BACKGROUND INVESTIGATIONS ARE 13
CONDUCTED FOR INDIVIDUALS WHO HOLD APPROPRIATE POSITIONS AND ROLES; 14

(3) ENSURE THAT ALL POSI TION–RELATED BACKGROUND 15
INVESTIGATIONS ARE A CCOMPANIED BY ENROLL MENT IN THE FEDERAL BUREAU 16
OF INVESTIGATION NEXT GENERATION IDENTIFICATION RAP BACK PROGRAM; AND 17

(4) ADOPT ANY RULE , REGULATION, AND POLICY NECESSARY TO 18
IMPLEMENT THIS SUBTITLE. 19

(D) THERE IS AN EXECUTIVE DIRECTOR OF THE DIVISION, APPOINTED BY 20
THE SECRETARY. 21

(E) THE DIVISION SHALL REQUIR E EACH UNIT OF STATE AND LOCAL 22
GOVERNMENT TO: 23

(1) APPOINT A DESIGNATED INDIVIDUA L TO OVERSEE THE 24
POSITION–RELATED BACKGROUND INVESTIGATION PROCESS AND REPORT T O THE 25
DIVISION ON ALL BACKGROUND INVESTIGATION–RELATED ISSUES; 26

(2) NOTIFY THE DIVISION WHEN THE DESIGNATED INDIVIDUAL OR A 27
REGULATED POSITION HAS CHANGED; AND 28

(3) REQUIRE THE DESIGNAT ED INDIVIDUAL TO UND ERGO TRAINING 29
ON THE APPROPRIATE ROLE AND RESPONSIBILITIES OF A DESIGNATED INDIVIDUAL. 30

4 HOUSE BILL 1419

(F) THE DIVISION SHALL PROVIDE OR COORDINATE SUPPORT SERVICES TO 1
UNITS OF STATE AND LOCAL GOVERNMENT, INCLUDING: 2

(1) TECHNICAL SERVICES AND SUPPORT FOR THE IMPLEMENTATION 3
OF RAP BACK; AND 4

(2) PROVIDING ADVICE ON THE PROTECTION OF AL L INDIVIDUALS, 5
INCLUDING MINORS , BY STRENGTHENING HIR ING POLICIES AND BAC KGROUND 6
INVESTIGATION PROCEDURES. 7

2–903. 8

FOR EACH EMPLOYEE OR SERVICE PROVIDER SUB JECT TO A 9
POSITION–RELATED BACKGROUND INVESTIGATION FOR A REGULATED POSITION: 10

(1) THE DESIGNATED INDIV IDUAL FOR A UNIT OF STATE OR LOCAL 11
GOVERNMENT SHALL PRO VIDE THE DIVISION ALL INFORMATION REQU IRED TO 12
CONDUCT THE POSITION–RELATED BACKGROUND INVESTIGATION; AND 13

(2) THE DIVISION SHALL CONDUCT A POSI TION–RELATED 14
BACKGROUND INVESTIGATION PROMPTLY ON RECEIPT OF A REQUEST FROM A UNIT 15
OF STATE OR LOCAL GOVERNMENT. 16

2–904. 17

(A) IN PERFORMING A POSITION–RELATED BACKGROUND INVESTIGATION 18
UNDER THIS SUBTITLE, THE DIVISION MAY REQUEST THE ASSISTANCE, AS NEEDED, 19
OF THE CENTRAL REPOSITORY, THE POLICE COMMISSIONER OF BALTIMORE CITY, 20
THE CHIEF OF POLICE IN ANY COUNTY OR MUNICIPALITY MAINTAINING A POLICE 21
FORCE, OR THE SHERIFF IN A COUNTY NOT MAINTAINING A POLICE FORCE. 22

(B) THE DIVISION SHALL UPDATE INITIAL CRIMINAL HIS TORY RECORDS 23
FOR A POSITION–RELATED BACKGROUND INVESTIGATION UNDER THIS SECTION IN 24
ACCORDANCE WITH FEDE RAL REQUIREMENTS FOR THE FEDERAL BUREAU OF 25
INVESTIGATION NEXT GENERATION IDENTIFICATION RAP BACK PROGRAM , 26
APPLICABLE REGULATIONS, AND OTHER REQUIREMENTS UNDER THIS SECTION. 27

(C) THE DIVISION SHALL PROMPTLY TRANSMIT THE RESULTS OF THE 28
POSITION–RELATED BACKGROUND INVESTIGATION AND ANY SUBSEQUENT UPDATE 29
TO: 30

(1) THE UNIT OF STATE OR LOCAL GOVERN MENT THAT REQUESTED 31
THE POSITION–RELATED BACKGROUND INVESTIGATION; AND 32
HOUSE BILL 1419 5

(2) THE INDIVIDUAL WHO I S THE SUBJECT OF THE 1
POSITION–RELATED BACKGROUND INVESTIGATION. 2

(D) THE RESULTS OF, AND ANY RECORD OBTAI NED THROUGH , A 3
POSITION–RELATED BACKGROUND INVESTIGA TION UNDER THIS SECTION , 4
INCLUDING ANY SUBSEQUENT UPDATE: 5

(1) ARE CONFIDENTIAL AND SHALL BE TREATED AS A PERSONNEL 6
RECORD; 7

(2) MAY NOT BE DISSEMINATED, EXCEPT AS REQUIRED BY LAW; AND 8

(3) MAY BE USED ONLY FOR THE PURPOSES AUTHORI ZED BY THIS 9
SUBTITLE. 10

(E) AN INDIVIDUAL WHO IS THE SUBJECT OF A POS ITION–RELATED 11
BACKGROUND INVESTIGATION UNDER THIS SUBTITLE MAY CONTEST THE RESULTS 12
OF AN INVESTIGATION AS PROVIDED IN § 10–223 OF THE CRIMINAL PROCEDURE 13
ARTICLE. 14

2–905. 15

(A) A UNIT OF STATE OR LOCAL GOVERN MENT THAT PROVIDES FUNDING 16
FOR A REGULATED POSITION SHALL REQUIRE, AS A CONDITION OF FUNDING, THAT 17
THE PROGRAM OR ENTIT Y THAT RECEIVES THE FUNDING DISCLOSE TO THE UNIT 18
THE NAME AND DATE OF BIRTH OF EACH INDIVIDUAL EMPLOYED OR SUPERVISED BY 19
THE PROGRAM OR ENTIT Y IF THE INDIVIDUAL HOLDS OR IS SELECTED TO HOLD A 20
REGULATED POSITION. 21

(B) ON OR BEFORE OCTOBER 1, 2027, AND EACH OCTOBER 1 THEREAFTER, 22
EACH UNIT OF STATE AND LOCAL GOVERNMENT SHALL REPORT TO THE DIVISION 23
THE TOTAL NUMBER OF REGULATED POSITIONS, DISQUALIFYING EVENTS FOR EACH 24
POSITION, AND DATA ON THE EMPL OYEES OR SERVICE PRO VIDERS DISQUALIFIED 25
FOR THE MOST RECENT STATE FISCAL YEAR. 26

(C) ON OR BEFORE DECEMBER 1, 2027, AND EACH DECEMBER 1 27
THEREAFTER, THE DIVISION SHALL REPORT TO THE GOVERNOR AND , IN 28
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 29
ASSEMBLY ON THE FOLLOWING INFORMATION SUBMITTED TO THE DIVISION UNDER 30
SUBSECTION (B) OF THIS SECTION FOR EACH UNIT OF STATE AND LOCAL 31
GOVERNMENT: 32

6 HOUSE BILL 1419

(1) THE TOTAL NUMBER OF PO SITION–RELATED BACKGROUND 1
INVESTIGATIONS FOR EACH REGULATED POSITION; 2

(2) THE TOTAL NUMBER OF ALERTS RECEIVED THRO UGH THE 3
FEDERAL BUREAU OF INVESTIGATION NEXT GENERATION IDENTIFICATION RAP 4
BACK PROGRAM, AND WHAT ACTION, IF ANY, WAS TAKEN; AND 5

(3) INFORMATION REGARDIN G COMPLIANCE WITH RE PORTING 6
UNDER SUBSECTION (B) OF THIS SECTION. 7

2–906. 8

(A) INFORMATION ACCESSED OR OBTAINED UNDER TH IS SECTION IS 9
SUBJECT TO THE CONFI DENTIALITY REQUIREMENTS OF § 2–1240 OF THE STATE 10
GOVERNMENT ARTICLE. 11

(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO REQU IRE ANY EMPLOYEE 12
OR SERVICE PROVIDER WITHIN OR FUNDED BY A UNIT OF STATE OR LOCAL 13
GOVERNMENT TO UNDERGO A POSITION–RELATED BACKGROUND INVESTIGATION IF 14
THE EMPLOYEE OR SERVICE PROVIDER IS EMPLOYED BY OR PROVIDING SERVICES 15
TO A UNIT OF STATE OR LOCAL GOVERNMENT BEFORE OCTOBER 1, 2026. 16

Article – State Finance and Procurement 17

16–203. 18

(E) A PERSON THAT FAILS TO COMPLY WITH A REQUIREMENT UNDER TITLE 19
2, SUBTITLE 9 OF THE PUBLIC SAFETY ARTICLE MAY BE SUBJECT TO CONTRACT 20
CANCELLATION OR DEBARMENT B Y A UNIT OF STATE OR LOCAL GOVERN MENT OR 21
THE BOARD, IF APPLICABLE. 22

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24