Maryland Transportation Code § 20-110 (2007)
The New Maryland Law on Obtaining Police Reports


§ 20-110. Motor vehicle accident report

   (a) Definitions.

   (1) In this section the following words have the meanings indicated.
policereportaccident
   (2) "Law enforcement agency" means an agency that is listed in §3-101(3) of the Public Safety Article.

   (3) "Motor vehicle accident" has the meaning stated in § 27-401 of the Insurance Article.

   (4) (i) "Newspaper" includes a newspaper of general circulation that is:

         1. Published at least once a week;

         2. Includes stories of general interest to the public; and

         3. Used primarily for the dissemination of news.

      (ii) "Newspaper" does not include a publication:

         1. That is intended primarily for members of a particular profession or occupational group;

         2. With the primary purpose of distributing advertising; or

         3. With the primary purpose of publishing names and other personal identifying information regarding parties to a motor vehicle accident.

   (5) "Report" means a report completed by an officer of a law enforcement agency that:

      (i) Indicates that a motor vehicle accident occurred; and

      (ii) Includes information about the persons involved in the motor vehicle accident including:

         1. Names;

         2. Telephone numbers; and

         3. Addresses.

(b) Persons who may access report. -- For 60 days following the date a report is filed with a law enforcement agency, only the following persons may access the report:

   (1) The individuals involved in the motor vehicle accident;

   (2) The legal representative of an individual involved in the motor vehicle accident;

   (3) The insurance producer, insurer, or employee or agent of the insurer of an individual involved in the motor vehicle accident;

   (4) A State's Attorney or other prosecutor;

   (5) A representative of a victim services program;

   (6) An employee of a radio or television station licensed by the Federal Communications Commission;

   (7) An employee of a newspaper; and

   (8) A unit of local, State, or federal government that is otherwise authorized to have access to a report in furtherance of the unit's duties.

(c) Same -- Requirements. --

   (1) Except as provided in paragraph (2) of this subsection, a person that accesses a report within 60 days after the date a report is filed shall present to the officer of a law enforcement agency in which the report is filed:

      (i) A valid driver's license or other State-issued identification card;

      (ii) Proof that the person is a person authorized to receive the report under subsection (b) of this section; and

      (iii) A statement indicating that from the time the person is granted access to the report until 60 days after the date the report is filed:

         1. The report will not be used for any commercial solicitation of an individual listed in the report; and

         2. The person will not knowingly disclose any information contained in the report to a third party for commercial solicitation of an individual listed in the report.

   (2) Paragraph (1) of this subsection does not apply to an insurance producer, insurer, or employee or agent of the insurer of an individual involved in the motor vehicle accident.

(d) Dissemination or publication of news by legitimate media not prohibited. -- This section does not prohibit the dissemination or publication of news to the general public by any legitimate media entitled to access reports.

(e) Violations. --

   (1) A person who obtains a report in violation of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $ 10,000 or imprisonment not exceeding 15 years or both.

   (2) An officer of a law enforcement agency who knowingly discloses a report to a person not entitled to access the report under this section is guilty of a felony and on conviction is subject to a fine not exceeding $ 10,000 or imprisonment not exceeding 15 years or both.