** TAKES EFFECT JULY 1, 2022 PER CHAPTER 60 OF 2021 **
(a) This section shall be known as the Maryland Use of Force Statute.
(b) (1) In this section the following words have the meanings indicated.
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.
(3) “Police officer” means:
(i) a police officer as defined in § 3–201 of this title; or
(ii) a special police officer as defined in § 3–301 of this title.
(4) “Serious physical injury” has the meaning stated in § 3–201 of the Criminal Law Article.
(c) Each police officer shall sign an affirmative written sanctity of life pledge to respect every human life and act with compassion toward others.
(d) (1) A police officer may not use force against a person unless, under the totality of the circumstances, the force is necessary and proportional to:
(i) prevent an imminent threat of physical injury to a person; or
(ii) effectuate a legitimate law enforcement objective.
(2) A police officer shall cease the use of force as soon as:
(i) the person on whom the force is used:
1. is under the police officer’s control; or
2. no longer poses an imminent threat of physical injury or death to the police officer or to another person; or
(ii) the police officer determines that force will no longer accomplish a legitimate law enforcement objective.
(e) A police officer shall:
(1) when time, circumstances, and safety allow, take steps to gain compliance and de–escalate conflict without using physical force;
(2) intervene to prevent or terminate the use of force by another police officer beyond what is authorized under subsection (d) of this section;
(3) render basic first aid to a person injured as a result of police action and promptly request appropriate medical assistance; and
(4) fully document all use of force incidents that the officer observed or was involved in.
(f) A police supervisor shall:
(1) respond to the scene of any incident during which a police officer used physical force and caused serious physical injury; and
(2) gather and review all known video recordings of a use of force incident.
(g) A law enforcement agency shall:
(1) have a written de–escalation of force policy; and
(2) adopt a written policy requiring supervisory and command–level review of all use of force incidents.
(h) A police officer shall:
(1) undergo training on when a police officer may or may not draw a firearm or point a firearm at a person and enforcement options that are less likely to cause death or serious physical injury, including scenario–based training, de–escalation tactics and techniques, and reasonable alternatives to decrease physical injury; and
(2) sign a training completion document stating that the officer understands and shall comply with the Maryland Use of Force Statute.
(i) (1) A police officer may not intentionally violate subsection (d) of this section, resulting in serious physical injury or death to a person.
(2) A police officer who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.
(3) A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing a violation of this subsection.
Structure Maryland Statutes
Subtitle 5 - Miscellaneous Provisions
Section 3-501 - Disposal of Handguns Owned by Law Enforcement Agencies
Section 3-502 - Impersonating Police Officer; Other Prohibited Acts; Penalty
Section 3-503 - Regulation of Surveillance Activities
Section 3-504 - Arrest and Citation Quotas Prohibited
Section 3-505 - Disposal of Personal Property in the Possession of Local Law Enforcement Agencies
Section 3-506 - Written Policies Regarding Eyewitness Identification
Section 3-506.1 - Eyewitness Identification Procedures
Section 3-507 - Report on Death Involving Law Enforcement Officer
Section 3-509 - Use of Captured License Plate Data
Section 3-512 - Reporting on Community Policing -- Baltimore Police Department
Section 3-513 - Retired Law Enforcement Officer Identification Card
Section 3-514 - Use of Force Incident Reports.
Section 3-515 - Required Postings.
Section 3-516 - Early Intervention Counseling
Section 3-517 - Community Policing Policy
Section 3-519 - Uniform Citizen Complaint Process
Section 3-520 - Collaboration With School Systems to Establish Emergency Response Policies
Section 3-521 - Acquisition of Equipment by Law Enforcement Agencies Through Surplus Programs
Section 3-522 - Crisis Intervention Team Center of Excellence -- Collaborative Committee