Vetoed by Governor Larry Hogan, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that authorizes certain officer misconduct records be made available to the public.

Highlights:

• Defines “no-knock search warrant” as a search warrant that authorizes the executing law enforcement officer to enter a building apartment, premises, place, or thing to be searched without giving notice of the officer’s authority or purpose (Sec. 1).

• Defines “public record” as the original or any copy of any documentary material that is made by a unit or an instrumentality of the state or the political subdivision, or received by the unit or instrumentality in connection with the transaction of public business, including a card, computerized record, correspondence, drawing, film, map, photograph, record, or tape (Sec. 1).

• Specifies an application for a no-knock search warrant must contain (Sec. 1–203-2):

• A description of the evidence in support of the application;

• An explanation of the investigative activities that have been undertaken and the information that has been gathered to support the request for a no-knock search warrant;

• An explanation of why the affiant is unable to detain the suspect or search the premises using other, less invasive methods;

• Acknowledgment that any police officers who will execute the search warrant have completed the same training in breach and call–out entry procedures as swat team members;

• A statement as to whether the search warrant can effectively be executed during daylight hours and, if not, what facts or circumstances preclude effective execution in daylight hours; and

• A list of any additional occupants of the premises by age and gender, as well as an indication as to whether any individuals with cognitive or physical disabilities or pets reside at the premises if known.

• Authorizes a judge to issue a no-knock warrant if there is probable cause to believe that a misdemeanor or felony is being committed by an individual or in a building, apartment, premises, place, or thing within the territorial jurisdiction of the judge (Sec. 1).

• Requires that the no-knock warrant be executed between 8:00 A.M. and 7:00 P.M. absent exigent circumstances (Sec. 1).

• Requires that while executing a search warrant a police officer be recognizable and identifiable as a police officer, wearing a uniform, body-worn camera, badge, and tag bearing the name identification number of the police officer, (Sec. 1).

• Requires police officers provide a minimum of 20 seconds for the occupants of a residence to respond and open the door before the police officer attempts to enter the residence and prohibits them from using flashbangs, stun distractions, or other military-style devices when executing a search warrant, absent exigent circumstances (Sec. 1).

• Specifies that a public record also includes a document that lists the salary of an employee of a unit or an instrumentality of the state or political subdivision (Sec. 1).

• Requires that law enforcement agencies compile data over the number of no-knock warrants executed, the number of arrests, the number of times property was seized, and the number of times a weapon was discharged by a police officer during the execution of a no-knock warrant in the previous calendar year and no later than January 15, submit the report to the Governor’s Office of Crime Prevention, Youth and Victim Services, and the local governing body of the jurisdiction served by the law enforcement agency (Sec. 1).

• Requires that by September 1 of each year the Governor's Office of Crime Prevention, Youth, and Victim Services submit a report of the analysis and summaries of the reports of law enforcement and publish the report on its website that is free and accessible to the public (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes certain officer misconduct records be made available to the public.

Highlights:

• Defines “no-knock search warrant” as a search warrant that authorizes the executing law enforcement officer to enter a building apartment, premises, place, or thing to be searched without giving notice of the officer’s authority or purpose (Sec. 1).

• Defines “public record” as the original or any copy of any documentary material that is made by a unit or an instrumentality of the state or the political subdivision, or received by the unit or instrumentality in connection with the transaction of public business, including a card, computerized record, correspondence, drawing, film, map, photograph, record, or tape (Sec. 1).

• Specifies an application for a no-knock search warrant must contain (Sec. 1–203-2):

• A description of the evidence in support of the application;

• An explanation of the investigative activities that have been undertaken and the information that has been gathered to support the request for a no-knock search warrant;

• An explanation of why the affiant is unable to detain the suspect or search the premises using other, less invasive methods;

• Acknowledgment that any police officers who will execute the search warrant have completed the same training in breach and call–out entry procedures as swat team members;

• A statement as to whether the search warrant can effectively be executed during daylight hours and, if not, what facts or circumstances preclude effective execution in daylight hours; and

• A list of any additional occupants of the premises by age and gender, as well as an indication as to whether any individuals with cognitive or physical disabilities or pets reside at the premises if known.

• Authorizes a judge to issue a no-knock warrant if there is probable cause to believe that a misdemeanor or felony is being committed by an individual or in a building, apartment, premises, place, or thing within the territorial jurisdiction of the judge (Sec. 1).

• Requires that the no-knock warrant be executed between 8:00 A.M. and 7:00 P.M. absent exigent circumstances (Sec. 1).

• Requires that while executing a search warrant a police officer be recognizable and identifiable as a police officer, wearing a uniform, body-worn camera, badge, and tag bearing the name identification number of the police officer, (Sec. 1).

• Requires police officers provide a minimum of 20 seconds for the occupants of a residence to respond and open the door before the police officer attempts to enter the residence and prohibits them from using flashbangs, stun distractions, or other military-style devices when executing a search warrant, absent exigent circumstances (Sec. 1).

• Specifies that a public record also includes a document that lists the salary of an employee of a unit or an instrumentality of the state or political subdivision (Sec. 1).

• Requires that law enforcement agencies compile data over the number of no-knock warrants executed, the number of arrests, the number of times property was seized, and the number of times a weapon was discharged by a police officer during the execution of a no-knock warrant in the previous calendar year and no later than January 15, submit the report to the Governor’s Office of Crime Prevention, Youth and Victim Services, and the local governing body of the jurisdiction served by the law enforcement agency (Sec. 1).

• Requires that by September 1 of each year the Governor's Office of Crime Prevention, Youth, and Victim Services submit a report of the analysis and summaries of the reports of law enforcement and publish the report on its website that is free and accessible to the public (Sec. 1).

Full Bill Text