Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor Ch. 459
Chapter 459
(House Bill 351)
AN ACT concerning
Public Safety – Federal Agents – Digital Unmasking
Constitutional Rights – Violations and Digital Unmasking
Civil Actions – Violation of Constitutional Rights
(No Kings Act)
FOR the purpose of authorizing an aggrieved party or the Office of the Attorney General to
bring an action against a certain judicial officer who, under color of law, deprives
another of a right, a privilege, or an immunity secured under law; authorizing the
Office of the Attorney General, a State Prosecutor, or a State’s Attorney to direct the
Maryland State Police certain State and local law enforcement agencies to gather
and securely retain certain identifying digital data about a certain federal agent or
federal agents judicial officer at a certain time; authorizing a certain complainant
plaintiff to obtain certain identifying digital data only pursuant to in accordance with
a court order issued in a certain case action; and generally relating to law
enforcement officers violations of constitutional rights establishing certain civil
liability for an individual who, under color of law, deprives another, or causes or
allows another to be deprived, of a right, a privilege, or an immunity secured by the
U.S. Constitution or the laws of the United States; and generally relating to civil
liability for the deprivation of rights.
BY adding to
Article – Courts and Judicial Proceedings
Section 3–2701 and 3–2702 to be under the new subtitle “Subtitle 27. Action for
Deprivation of Constitutional Rights”
Annotated Code of Maryland
(2020 Replacement Volume and 2025 Supplement)
BY adding to
Article – Public Safety
Section 3–535
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
SUBTITLE 27. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS.
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Ch. 459 2026 LAWS OF MARYLAND
3–2701.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “JUDICIAL OFFICER” MEANS
(1) “COVERED OFFICER” MEANS, EXCEPT AS PROVIDED IN
PARAGRAPH (2) OF THIS SUBSECTION, AN OFFICER WHO MAY:
(1) (I) MAKE AN ARREST WITH OR WITHOUT A WARRANT FOR
VIOLATIONS OF THE UNITED STATES CODE; AND
(2) (II) CARRY FIREARMS IN THE PERFORMANCE OF THE OFFICER’S
DUTIES.
(2) “COVERED OFFICER” DOES NOT INCLUDE A LAW ENFORCEMENT
OFFICER, AS DEFINED IN § 1–101 OF THE PUBLIC SAFETY ARTICLE, ACTING UNDER
THE AUTHORITY OF A JOINT TASK FORCE THAT PRIMARILY ENFORCES THE UNITED
STATES CODE.
(C) “LAW” INCLUDES:
(1) THE U.S. CONSTITUTION; AND
(2) THE MARYLAND DECLARATION OF RIGHTS;
(3) THE MARYLAND CONSTITUTION;
(4) THE LAWS OF THE UNITED STATES; AND
(5) THE LAWS OF MARYLAND.
3–2702.
(A) (1) AN AGGRIEVED PARTY OR THE OFFICE OF THE ATTORNEY
GENERAL MAY BRING AN ACTION AGAINST A JUDICIAL OFFICER COVERED OFFICER
WHO, UNDER COLOR OF LAW, DEPRIVES THE AGGRIEVED PARTY OR CAUSES OR
ALLOWS THE AGGRIEVED PARTY TO BE DEPRIVED OF A RIGHT, A PRIVILEGE, OR AN
IMMUNITY SECURED UNDER LAW THE LAW.
(2) AN AGGRIEVED PARTY OR THE OFFICE OF THE ATTORNEY
GENERAL MAY SEEK DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF IN AN
ACTION BROUGHT UNDER THIS SECTION.
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WES MOORE, Governor Ch. 459
(B) A DEFENDANT IN AN ACTION UNDER THIS SECTION MAY ASSERT ANY
DEFENSE OF IMMUNITY OTHERWISE APPLICABLE AT THE TIME THE CAUSE OF
ACTION ACCRUES THAT WAS AVAILABLE AT THE TIME THE CAUSE OF ACTION
ACCRUED.
(C) A COURT MAY AWARD REASONABLE FEES AND COSTS, INCLUDING
ATTORNEY’S FEES AND EXPERT WITNESS FEES, TO A PREVAILING PLAINTIFF UNDER
THIS SECTION.
(D) (1) AN ACTION UNDER THIS SECTION SHALL BE FILED WITHIN 5
YEARS AFTER THE CAUSE OF ACTION ACCRUES.
(2) THIS SECTION MAY NOT BE CONSTRUED TO ABROGATE:
(I) ANY LOCAL GOVERNMENT LIABILITY UNDER STATE OR
COMMON LAW FOR THE ACTIONS OF STATE OR LOCAL GOVERNMENT EMPLOYEES;
OR
(II) ANY STATUTORY WAIVER OF ANY DEFENSE, INCLUDING
IMMUNITY.
Article – Public Safety
3–535.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “FEDERAL AGENT” MEANS A FEDERAL LAW ENFORCEMENT
OFFICER OR A PRIVATE CONTRACTOR HIRED BY THE DEPARTMENT OF HOMELAND
SECURITY TO ASSIST IN FEDERAL LAW ENFORCEMENT.
(3) “FEDERAL AGENT MISCONDUCT” MEANS:
(I) USE OF EXCESSIVE FORCE BY A FEDERAL AGENT AGAINST A
MEMBER OF THE PUBLIC;
(II) ASSAULT OF A MEMBER OF THE PUBLIC BY A FEDERAL
AGENT;
(III) KIDNAPPING OR UNLAWFUL DETENTION OF A MEMBER OF
THE PUBLIC BY A FEDERAL AGENT; OR
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Ch. 459 2026 LAWS OF MARYLAND
(IV) ENGAGING IN ACTIONS BY A FEDERAL AGENT THAT LEAD TO
A CREDIBLE COMPLAINT OF A CIVIL RIGHTS VIOLATION UNDER 42 U.S.C. § 1983.
(4) (2) “IDENTIFYING DIGITAL DATA” MEANS DIGITAL
INFORMATION THAT CAN HELP CONFIRM THE IDENTITY OF A FEDERAL AGENT
JUDICIAL OFFICER WHO IS THE SUBJECT OF A COMPLAINT OF FEDERAL AGENT
JUDICIAL OFFICER MISCONDUCT, INCLUDING:
(I) LICENSE PLATE DATA;
(II) CELL TOWER DATA;
(III) CELL PHONE DATA;
(IV) LOCATION DATA;
(V) IMAGE SEARCH RESULTS DATA;
(VI) GPS DATA;
(VII) STINGRAY DATA;
(VIII) FACIAL RECOGNITION DATA; AND
(IX) ANY OTHER RECOVERABLE DATA THAT MAY HELP IDENTIFY
FEDERAL AGENTS. JUDICIAL OFFICERS.
(3) “JUDICIAL OFFICER” HAS THE MEANING STATED IN § 3–2701 OF
THE COURTS ARTICLE.
(4) “JUDICIAL OFFICER MISCONDUCT” MEANS CAUSING OR
ALLOWING AN AGGRIEVED PARTY TO BE DEPRIVED OF A RIGHT, A PRIVILEGE, OR AN
IMMUNITY SECURED UNDER LAW.
(5) “LAW” HAS THE MEANING STATED IN § 3–2701 OF THE COURTS
ARTICLE.
(B) ON RECEIPT OF A COMPLAINT OF FEDERAL AGENT JUDICIAL OFFICER
MISCONDUCT, THE OFFICE OF THE ATTORNEY GENERAL, A STATE PROSECUTOR,
OR A STATE’S ATTORNEY MAY DIRECT THE MARYLAND STATE POLICE
APPROPRIATE STATE OR LOCAL LAW ENFORCEMENT AGENCY TO GATHER AND
SECURELY RETAIN AS MUCH IDENTIFYING DIGITAL DATA AS POSSIBLE ABOUT THE
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WES MOORE, Governor Ch. 459
FEDERAL AGENT JUDICIAL OFFICER OR FEDERAL AGENTS WHO ARE WHO IS THE
SUBJECT OF THE FEDERAL AGENT JUDICIAL OFFICER MISCONDUCT COMPLAINT.
(C) A COMPLAINANT PLAINTIFF MAY OBTAIN ACCESS TO THE IDENTIFYING
DIGITAL DATA RELEVANT TO THE COMPLAINANT’S PLAINTIFF’S COMPLAINT ONLY
PURSUANT TO IN ACCORDANCE WITH A COURT ORDER ISSUED IN: AN ACTION UNDER
TITLE 3, SUBTITLE 27 OF THE COURTS ARTICLE.
(1) A 42 U.S.C. § 1983 CIVIL RIGHTS CASE; OR
(2) A CRIMINAL PROCEEDING INVOLVING THE SUBJECT OF THE
FEDERAL AGENT MISCONDUCT COMPLAINT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application of any provision of this Act to any person or circumstance is held invalid for
any reason in a court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act that can be given effect without the invalid
provision or application, and for this purpose the provisions of this Act are declared
severable.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, May 12, 2026.
–5–Every fact on this page links to its source, starting with the official bill record.