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ROBERT L. EHRLICH, JR., Governor
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S.B. 312
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the bill adds these provisions to the Criminal Law Article. There is no procedure in
the bill for a person charged to obtain the presence of a State's witness to testify
regarding the surveillance equipment or the recorded image. I have serious due
process concerns with this procedure.
Senate Bill 312 is another step toward the pervasive use of cameras by the
government to monitor and regulate the conduct of its people. There may be times
when this type of surveillance is appropriate. I am, however, reluctant to approve its
use in the absence of extraordinary circumstances.
Although Senate Bill 312 applies only in Baltimore City, it has statewide
implications. Similar to House Bill 443, the Montgomery County speed camera bill,
Baltimore City would be the first jurisdiction in the State granted this authority. This
would establish a precedent for other counties to seek this authority and, accordingly,
is the first step to statewide implementation.
For the above stated reasons, I have vetoed Senate Bill 312.
Very truly yours,
Robert L. Ehrlich, Jr.
Governor
Senate Bill No. 312
AN ACT concerning
Baltimore City - Illegal Dumping - Surveillance Systems
FOR the purpose of authorizing the Baltimore City Department of Public Works
(Department) to place certain surveillance systems at certain dumping sites in
Baltimore City for a certain purpose; providing that certain persons recorded on
a surveillance image while committing a certain littering offense are subject to
certain penalties; requiring the Department to mail a certain citation to the
owner of a motor vehicle that is recorded on a certain surveillance image being
used in the commission of a certain violation; establishing a maximum fine for a
violation of certain laws or ordinances relating to littering that are enforced by
means of a surveillance system; requiring the District Court, in consultation
with the Department, to prescribe a certain citation form; requiring the
Department to mail a certain citation to the owner of a motor vehicle that is
recorded on a certain surveillance image being used in the commission of a
certain violation; requiring a citation to include certain information; authorizing
the Department to send a warning instead of a citation; requiring a citation to
be mailed within a certain time period; providing that persons who receive a
certain citation may pay the civil penalty or may elect to stand trial in the
District Court; establishing that a certain certificate may be evidence of certain
facts and shall be admissible in a certain proceeding; establishing the standard
of proof for a violation of law enforced by means of a surveillance system under
this Act; establishing certain defenses that the District Court may consider for a
violation enforced by means of a surveillance system under this Act; authorizing
a vehicle owner to submit certain evidence to the court to establish certain
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