Proposed Senate Bill 292 (“SB 292”), “Motor Vehicles – Secondary Enforcement and Admissibility of Evidence” could put an end to traffic stops for secondary offenses in Maryland.¹ Under SB 292, former primary offenses like “littering, driving without headlights or backlights, driving without mirrors, window tint [violations], failure to signal, driving with an unregistered car or expired tags” are now reclassified as secondary offenses.² Further, SB 292 prohibits officers from being able to stop vehicles solely based on those offenses.³ However, a driver may still be cited for committing secondary offenses, but only after the driver is stopped for a primary offense.⁴ If the bill becomes law, it would apply to all Maryland officers.⁵ Consequently, if an officer fails to abide by the new bill the officer would be subject to disciplinary actions, and any evidence collected during the stop would be deemed inadmissible during court. ⁶

In addition, SB 292 requires officers to follow specific guidelines during each traffic stop, namely governing documentation.⁷ To begin, when conducting a traffic stop, officers are required to display identification including “their name, badge number and agency affiliation.”⁸ Also, officers are required to explain and document the reason for the traffic stop. ⁹ While failure to abide by these requirements will also result in disciplinary action; the evidence gathered during the stop will be admissible in court. ¹⁰

Sponsor of SB 292, Charles Sydnor, argues that data demonstrates that officers disproportionately stop people of color for minor infractions.¹¹ Other supporters believe the proposal will force officers to shift their focus to more serious offenses.¹² Additionally, by preventing unnecessary stops, the bill will make it safer for individuals who are stopped by officers. ¹³

Although Attorney General Anthony Brown generally supports SB 292, he proposed several amendments, including permitting officers to conduct a traffic stop when numerous secondary offenses occur.¹⁴ Opponents of SB 292 claim that all stops protect the public, arguing that drivers without proper brake lights endanger all drivers.¹⁶ Furthermore, routine traffic stops may lead to the arrest of individuals with felony warrants.¹⁷ Multiple law enforcement officers expressed disapproval of the bill, claiming that it will lead to an increase in crime rates. ¹⁸

While SB 292 will combat racial disparities among traffic stops, it may also create chaos on Maryland roads. Limiting traffic stops may encourage dangerous driving habits that place all drivers at risk of harm while on the road. However, SB 292 holds officers accountable by requiring documentation for every traffic stop, which may ultimately encourage officers to be more diligent when deciding whether to stop a driver. While SB 292 could initiate the start of Maryland’s plan to address racial disparities among traffic stops, but at what cost?

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Khadijah Josephs a fourth-year evening student at the University of Baltimore School of Law and Diversity & Inclusion Editor for Law Forum. Khadijah earned her bachelor’s degree from the University of Maryland, College Park in Criminology & Criminal Justice, with a minor in Philosophy. She also received a master’s degree in public administration. At the University of Baltimore, Khadijah is the Vice-President of Education and Training for the Board of Advocates, a competitor for the National Tax Moot Court Competition, a member of the Honor Board and a Law School Ambassador.  Previously, Khadijah interned at the Baltimore County Circuit Court with the Family Law Magistrates. She expects to graduate May 2026.

¹ Matt Gregory, Bill Would Bar Police from Making Traffic Stops for Minor Infractions in Maryland, WUSA9 (Jan. 28, 2025, 11:18 PM), https://www.wusa9.com/article/news/local/maryland/maryland- lawmakers-want-to-stop-cops-from-making-minor-infraction-traffic-stops/65-c1ef9bd0-0984-4efc-9588-a54130a465cf; see S.B. 292 447th Gen. Assemb., Reg. Sess. (Md. 2025).

² Gregory, supra note 1.

³ Id.

⁴ William J. Ford, Traffic Stop Measure Spark Passionate Debate Before Senate Panel, Md. Matters (Jan. 28, 2025, 11:57 PM), https://marylandmatters.org/2025/01/28/traffic-stop-measure-sparks- passionate-debate-before-senate-panel/.

⁵ Lauren Miller, Controversial Maryland Senate Bill Aims to Limit Certain Traffic Stops, WBOC (Jan. 28, 2025), https://www.wboc.com/news/controversial-maryland-senate-bill-aims-to-limit-certain-traffic- stops/article_cc6f757c-ddd5-11ef-b2eb-ff0555913641.html.

⁶ Ford, supra note 4.

⁷ JT Moodee Lockman, Proposed Bill Would Prevent Police in Maryland from Pulling Drivers Over for Certain Offenses, CBS News (Jan. 30, 2025, 12:01 PM), https://www.cbsnews.com/baltimore/news/maryland-legislation-general-assembly-bill-policing-traffic- stop/.

⁸ Id.

⁹ Id.

¹⁰ Id.

¹¹ Gregory, supra note 1.

¹² David Collins, Senate Bill 292 Would Prohibit Officers from Stopping Drivers for Secondary Traffic Offenses, WBAL TV11 (Jan. 28, 2025, 6:06 PM), https://www.wbaltv.com/article/end-traffic-stops- secondary-offenses-senate-bill-292/63592835.

¹³ Ronnell Foreman, Senate Bill 292 Could Downgrade Traffic Stop Violations in Maryland, 47 ABC WMDT (Jan. 17, 2025), https://www.wmdt.com/2025/01/senate-bill-292-could-downgrade-traffic-stop- violations-in-maryland/ (statement of NAACP President, Monica Brooks) ( “I believe the spirit behind this law is to diminish these unnecessary stops. Truth be told, it will make it safer for individuals who are stopped, and what potential outcomes can come from interactions with law enforcement.”).

¹⁴ Ford, supra note 4 (explaining that Attorney General Anthony Brown supports the bill “in concept.”).

¹⁵ Id.

¹⁶ Miller, supra note 5.

¹⁷ Id.

¹⁸ Collins, supra note 12.