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HB 699

Maryland Use of Force Statute - Failure to Prevent Excessive Force or Render First Aid - Misdemeanor

2026 Regular Session Introduced by Gabriel Acevero and 9 co-sponsors

Maryland bill criminalizes police officers' failure to intervene in excessive force or provide first aid, creating new misdemeanor liability for bystander officers at incident scenes.

Hearing 2/24 at 1:00 p.m.
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Bill Summary · HB 699

Legislative bill overview

HB 699 would create a new misdemeanor offense in Maryland for law enforcement officers who fail to prevent excessive force by fellow officers or fail to render first aid to individuals in need during police encounters. The bill targets what some call the "duty to intervene," making it a criminal liability issue for bystander officers who witness misconduct without acting.

Why is this important

Police accountability mechanisms have historically focused on the primary actor committing misconduct. This bill shifts responsibility to officers present at the scene, potentially changing departmental culture and creating legal consequences for inaction. It addresses cases where video footage shows multiple officers present during alleged excessive force incidents but only one faces charges.

Potential points of contention

  • Definition and burden: The bill's language regarding what constitutes "failure to prevent" or reasonable opportunity to intervene may be vague, creating uncertainty about when officers are legally required to act and potentially exposing officers to liability in ambiguous situations.
  • Officer safety concerns: Police unions and law enforcement may argue that requiring intervention during volatile situations could endanger officers or complicate split-second tactical decisions, and that it criminalizes judgment calls.
  • Implementation challenges: Prosecutors would need to prove what an officer knew, when they knew it, and whether they had reasonable ability to intervene—requiring detailed incident reconstruction and potentially conflicting testimony from involved officers.

Compiled from official sources — confirm details with the bill’s official record.

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