February 3, 2022
The Senate Judicial Proceedings Committee is scheduled to vote on SB 31 first thing tomorrow morning. This bill has been introduced several times over the past few years, and the Public Justice Center has opposed the legislation as it weakens the Maryland Public Information Act.
If passed, SB 31 would prohibit disclosure of ALL body-worn camera footage of:
Incidents that do not result in: the use of force, arrest, attempted arrest, temporary detention, attempted temporary detention, search, attempted search, citation, death, or injury of an individual; and a complaint or allegation of police misconduct against the officer involved in the incident.
- The problem is that the list is not sufficiently inclusive. Thus the bill would prohibit disclosure of incidents involving the various police directives that are not accompanied by an arrest, detention, search, use of force, or injury, such as improper questioning, orders to move along, cease panhandling, etc., which are a frequent source of police-community tensions.
- For example, the ACLU requested body-worn camera video recorded by officers working the perimeter of the unprecedented five-day police lockdown of the Harlem Park neighborhood following the death of Detective Suiter. Had SB 31 been in effect, none of those videos could have been released. Fortunately, the law was not in effect, and the City released many videos, which documented significant misconduct by the Baltimore Police Department, as discussed in detail in the Court Monitor’s First Semiannual Report.
- The bill also prohibits disclosure of all police investigatory behavior not involving individuals, including searches of houses, vehicles, etc. When done improperly, illegally, or discriminatorily, these may also be a significant source of police-community tension. For example, multiple videos came to light showing Baltimore police officers planting or “recreating” the discovery of evidence in searches of property, not persons.
Additionally, the bill specifically prohibits the disclosure of body-worn camera footage of:
Incidents that depict victims of certain offenses or information that could identify such victims; Incidents that depict the death of a law enforcement officer in the performance of their duties.
- Maryland’s current Public Information Act (MPIA) already provides ample authority to law enforcement agencies to deny access to those parts of recordings that all would agree should not be released, including specific protections to protect privacy, witnesses, etc
SB 31 is unnecessary and we need you to take action. Email and tweet at all members of the Senate Judicial Proceedings Committee (JPR), urging them to OPPOSE SB 31. A sample email, tweet, and JPR contact info is included below.
Sample Email:
Senator _______,
SB 31 is a solution in search of a problem. The MPIA already protects against improper disclosure as it grants custodians broad discretion to withhold documents, including body-worn camera footage, during the pendency of an investigation. Custodians also have the right to redact portions of body-worn camera footage that should not be released.
SB 31 is unnecessary and will impact the overall implementation of Anton’s Law. I urge you to maintain government transparency with an UNFAVORABLE vote.
JPR member email addresses: will.smith@senate.state.md.us, jeff.waldstreicher@senate.state.md.us, jack.bailey@senate.state.md.us, jill.carter@senate.state.md.us, Bob.Cassilly@senate.state.md.us, shelly.hettleman@senate.state.md.us, michael.hough@senate.state.md.us, susan.lee@senate.state.md.us, charles.sydnor@senate.state.md.us, ron.watson@senate.state.md.us, chris.west@senate.state.md.us
Sample Tweet and Graphic:
SB31 is a solution in search of a problem. The MPIA already protects against improper disclosure and provides the right to redact body-worn cam footage that should not be released. Maintain government transparency with a NO vote on SB31. #MDGA22 #OpenGov
JPR member Twitter handles: @Willcsmithjr @jwaldstreicher @senatorjbailey @jillpcarter @CassillyforMD34 @shellyhettleman @senatorhough @SenatorSusanLee @CharlesSydnor3d @RonForMaryland
Thank you for in advance for contacting the members of JPR before tomorrow morning’s vote.
