By Adam Pagnucco.
Last February, Council Member Will Jawando introduced a bill to limit police authority to conduct traffic stops called the Safety and Traffic Equity Policing (STEP) Act. Council Member Kristin Mink co-sponsored the bill. Last month, Attorney General Anthony Brown released an opinion stating that parts of the bill – but not all of it – were preempted by state law. Jawando has now released a statement that he will proceed with the non-preempted sections of his legislation.
Specifically, Jawando intends to move forward with sections of the bill on consent searches of vehicles and data collection.
The legislative text on consent searches reads:
(e) Limitation on questioning and consent searches.
(1) A police officer must not extend the duration of a traffic stop for longer than needed to address the original purpose of the stop unless:
(A) there is reasonable articulable suspicion that a crime has been committed; or
(B) is being committed.
(2) A police officer must only ask for permission to conduct a consent search of a person or vehicle if reasonable suspicion or probable cause for a criminal offense arises during the stop.
(f) Disciplinary action. A violation of a provision under subsection (c) or (e) by a police officer would be subject to disciplinary action in accordance with the Approved Uniform Disciplinary Matrix prepared by the Maryland Police Training and Standards Commission.
The legislative text on reporting requirements reads:
(a) Reporting requirements.
(1) In conjunction with the reporting requirements under §25-113 of the Transportation Article of the Maryland Code, a police officer must collect data and information for each traffic stop that describes the initial reason justifying the stop; and
(2) a police officer may, under a policy directive or applicable law, issue a warning or citation for an offense that differs from the initial reason for the stop, but the report must state the initial reason.
(b) Annual report – required. By July 1 of each year, the Chief of Police must submit to the County Executive and the County Council and publish on its website, a report for the preceding year on:
(1) data on each traffic stop as specified in subsection (a);
(2) any deidentified data collection related to biased stops on a per police officer basis;
(3) any complaints received by the Montgomery County Police Department related to a biased stop by a police officer; and
(4) a list of allegations and sustained violations of the provisions in this Article by a police officer.
Jawando’s statement, released minutes ago, is reprinted below.
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Statement From Montgomery County Councilmember Will Jawando Regarding Maryland Attorney General Opinion on the Safety and Traffic Equity In Policing (“STEP”) Act
ROCKVILLE, Md., Oct. 4, 2023—Montgomery County Councilmember Will Jawando released the following statement related to the Maryland Attorney General’s Opinion on the Safety and Traffic Equity in Policing (“STEP”) Act.
“I introduced the Safety and Traffic Equity in Policing (“STEP”) Act to address racial disparities in traffic enforcement and to free up our police department to focus on enforcement of traffic violations that are the key drivers of serious injuries and fatalities, for example, speeding, reckless driving, DUI and driving without seatbelts.
“I have been grateful for the thoughtful engagement on this bill from the community and key stakeholders. Residents have shared poignant stories about their experiences with traffic stops and the lived reality for many communities of color when it comes to the impact and frequency of traffic stops. Many groups and individuals recognize the shared goals and have offered changes to make the bill stronger. There has been significant engagement with academic and legal experts to utilize the best practices and implementation strategies from other jurisdictions. All of the engagement is welcome and a healthy sign for our democracy.
“The STEP Act is consistent with our County’s commitment to Vision Zero. Notably, the Vision Zero Network and the Washington Area Bicyclist Association (WABA), among numerous others, have expressed support for the STEP Act.
“The County Council requested an opinion from the Maryland Attorney General regarding the STEP Act, which I supported and agreed was necessary for this legislation. The Attorney General’s opinion concluded that a portion of the bill is preempted, namely designating certain traffic offenses as secondary offenses. The prohibition of consent searches and data collection provisions, however, are not preempted by state law. I am grateful for the Attorney General’s comprehensive opinion that provides clarity for moving forward.
“I plan to proceed with the consent search and data provisions in the bill and I urge our leaders in the Montgomery County General Assembly Delegation to review the opinion, and consider improvements at the state level that further the goals of the STEP Act. We must address racial disparities in traffic enforcement and focus on enforcement of traffic violations that are the key drivers of serious injuries and fatalities.
“I welcome the opportunity for more dialogue with our law enforcement to improve data sharing and reporting throughout the County. The STEP Act is our chance to lead on racial equity and make our roads safer for all.”
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