Criminal Procedure – Facial Recognition Technology – Requirements, Procedures, and Prohibitions

Maryland's HB 338 establishes strict rules for how law enforcement agencies can use facial recognition technology in criminal investigations. The bill prohibits using this technology to identify individuals in public spaces or for real-time tracking, except when investigating specific serious crimes like violence, human trafficking, or stalking. Additionally, results from facial recognition software cannot be the only evidence used to identify a suspect or establish probable cause; they must be supported by other independent proof. The law also prevents officers from telling witnesses that a suspect was identified via this technology before a formal lineup and bans comparing images against databases other than official driver's license or mugshot records. Finally, the state law overrides any local rules that might have been in place regarding the use of facial recognition.