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Use-of-Force Continuum: Maryland Statutory Definitions

Training

Citation

Md. PUBLIC SAFETY Code Ann. § 3-207(a)(19)

First enacted and effective Oct. 1, 2020

Added by 2016 Md. HB 1016

Summary and Notes

The state has very general guidance on requiring that the Maryland Police Training and Standards Commission adopt and recommend a set of best practices and standards for use of force (see "Other" below).

Relevant Excerpt

(a) In general. -- The Commission has the following powers and duties:
(19) to adopt and recommend a set of best practices and standards for use of force;

2020 Bill Text MD H.B. 1309

Introduced Feb. 7, 2020

Intended to take effect Oct. 1, 2020

Status of legislation is unclear

The state has proposed legislation that would amend the Code to include a new subtitle "Subtitle 5. Use of Force" that, among other things, authorizes a police officer to use deadly force only under certain circumstances.

(1) As applied to a law enforcement officer or correctional officer acting in the performance of his or her official duties, the term “deadly force” means force that is likely to cause death or great bodily harm and includes, but is not limited to:
(a) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and
(b) The firing of a firearm at a vehicle in which the person to be arrested is riding.
(2)(a) The term “deadly force” does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less-lethal munition. As used in this subsection, the term “less-lethal munition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body.
(b) A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties.

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