Md. Code, Bus. Occ. & Prof. § 19-414

Current with changes from the 2024 Legislative Session
Section 19-414 - [Effective 1/1/2025] [Effective 1/1/2025] Report of use of force
(a)
(1) In this section, "use

of force" means:

(i) any physical striking of an individual;
(ii) any significant physical contact that restricts the movement of an individual, including control techniques; or
(iii) the detainment of an individual without the individual's consent.
(2) "Use of force" includes:
(i) the discharge of a firearm;
(ii) the discharge of pepper mace, as defined in § 4-101 of the Criminal Law Article; and
(iii) the use of an electronic control device, as defined in § 4-109 of the Criminal Law Article.
(3) "Use of force" does not include mere presence, verbal commands, or escorting an individual with minimal resistance .
(b)
(1) Subject to paragraph (2) of this subsection, a security guard shall report any use of force against a person while providing security guard services on behalf of the licensed security guard agency or for the security guard employer to the security guard agency or the security guard employer within 48 hours after the use of force on a form provided by the Secretary.
(2) A security guard is not required to report any use of force against a person within 48 hours after the use of force if the security guard is seriously injured or disabled.
(c)
(1) Except as provided in subsection (d) of this section, a licensed security guard agency or security guard employer shall, in accordance with paragraphs (2) and (3) of this subsection, report any use of force by a security guard while providing security guard services on its behalf or for it to the Secretary within 48 hours after receiving the form completed under subsection (b)(1) of this section.
(2) The use of force report under paragraph (1) of this subsection shall include:
(i) the type of encounter;
(ii) the type of force used;
(iii) the location of the incident where force was used;
(iv) whether the individual against whom force was used was arrested and, if known, what charges the individual received;
(v) whether the individual against whom force was used requested or required medical care;
(vi) whether the security guard requested or required medical care;
(vii) demographic information about any individuals against whom force was used and any security guard involved in the incident, including race, ethnicity, gender, and age; and
(viii) the form completed under subsection (b)(1) of this section.
(3) A use of force report under paragraph (1) of this subsection may not include information that is prohibited from disclosure by State or federal law.
(d) The employer of a security guard providing security guard services on the premises of a health care facility, as defined in § 19-114 of the Health - General Article, shall report every 7 days to the Secretary of State Police on the number of code greens initiated for combative persons and code purples initiated for security-only responses, as those emergency codes are identified in Title 10 of the Code of Maryland Regulations, occurring in the previous 7 days.

Md. Code, BOP § 19-414

Amended by 2024 Md. Laws, Ch. 942,Sec. 1, eff. 1/1/2025.
Amended by 2024 Md. Laws, Ch. 942,Sec. 2, eff. 6/1/2024.
Added by 2023 Md. Laws, Ch. 763, Sec. 1, eff. 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.