Maryland Code, BUSINESS OCCUPATIONS AND PROFESSIONS 19-414
Terms Used In Maryland Code, BUSINESS OCCUPATIONS AND PROFESSIONS 19-414
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(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) A licensed security guard agency or security guard employer shall, in accordance with paragraph (2) 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.