Vote Smart's Synopsis:

Vote to pass a bill that establishes a statewide use of force policy.

Highlights:

• Defines “excessive force” as force that an objectively reasonable law enforcement officer would conclude exceeds what is necessary to gain compliance, control a situation, or protect a law enforcement officer or others from harm, under the totality of the circumstances (Sec. 10–801.B).

• Requires a law enforcement officer who knows or reasonably should know that another law enforcement officer is using excessive force, or has expressed an intent to use excessive force, that is likely to result in death or serious bodily injury to make a reasonable attempt to intervene to terminate or prevent the other law enforcement officer’s use excessive force (Sec. 10–803.A).

• Requires a law enforcement officer shall immediately make a report to any supervisory member of a law enforcement agency, a state’s attorney, the attorney general, or the state prosecutor if the law enforcement officer has actual knowledge that another law enforcement officer has engaged in (Sec. 10–805.A):

• Homicide;

• The use of excessive force resulting in bodily injury;

• A sexual crime;

• Theft or a related crime;

• Perjury;

• Fraud or a related crime; or

• Tampering with or fabricating physical evidence.

• Classifies “less–lethal force” as the use of the following (Sec. 3–212-3):

• An electronic control device; and

• Chemical mace or pepper mace.

• Establishes principles regarding use of force, including (Sec. 3–523-2):

• Encouraging officers to resolve incidents without using force;

• Using tactics that do not escalate an encounter;

• Continually assessing the circumstances to immediately decrease the level of force and cease all force as soon as possible;

• Specifies if the local law enforcement agency does not comply with this section within 90 days after being contacted by the Maryland Police Training and Standards Commission (Sec. 3–523-3):

• The Maryland Police Training and Standards Commission will notify the executive director of the governor’s office of crime prevention, youth, and victim services and the comptroller; and

• The local law enforcement agency may not receive funds administered through the state aid for police protection fund.

• Establishes in a civil action the law enforcement officer may seek, instead of reinstatement and back pay, statutory damages for not less than $5,000 for each instance of retaliatory action (Sec. 3–804.C-1).

Full Bill Text