Md. Code Ann., Pub. Safety § 3-101
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2022
As of January 1, 2019
(a) In this subtitle the following words have the meanings indicated.
(a) In this title the following words have the meanings indicated.
(b) “Administratively charged” means that a police officer has been formally accused of misconduct in an administrative proceeding.
(c) “Disciplinary matrix” means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of misconduct.
(d) “Exonerated” means that a police officer acted in accordance with the law and agency policy.
(e) “Law enforcement agency” has the meaning stated in § 3–201 of this title.
(f) “Not administratively charged” means that a determination has been made not to administratively charge a police officer in connection with alleged misconduct.
(g) “Police misconduct” means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:
(1) depriving persons of rights protected by the constitution or laws of the State or the United States;
(2) a violation of a criminal statute; and
(3) a violation of law enforcement agency standards and policies.
(h) “Police officer” has the meaning stated in § 3–201 of this title.
(i) “Serious physical injury” has the meaning stated in § 3–201 of the Criminal Law Article.
(j) “Superior governmental authority” means the governing body that oversees a law enforcement agency.
(2) “Chief” includes the officer designated by the head of a law enforcement agency.
(c) (1) “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.
(2) “Hearing” does not include an interrogation at which no testimony is taken under oath.
(d) “Hearing board” means a board that is authorized by the chief to hold a hearing on a complaint against a law enforcement officer.
(e) (1) “Law enforcement officer” means an individual who:
(i) in an official capacity is authorized by law to make arrests; and
(ii) is a member of one of the following law enforcement agencies:
1. the Department of State Police;
2. the Police Department of Baltimore City;
3. the Baltimore City School Police Force;
4. the Baltimore City Watershed Police Force;
5. the police department, bureau, or force of a county;
6. the police department, bureau, or force of a municipal corporation;
7. the office of the sheriff of a county;
8. the police department, bureau, or force of a bicounty agency;
9. the Maryland Transportation Authority Police;
10. the police forces of the Department of Transportation;
11. the police forces of the Department of Natural Resources;
12. the Field Enforcement Bureau of the Comptroller’s Office;
13. the Housing Authority of Baltimore City Police Force;
14. the Crofton Police Department;
15. the police force of the Maryland Department of Health;
16. the police force of the Maryland Capitol Police of the Department of General Services;
17. the police force of the Department of Labor, Licensing, and Regulation;
18. the police forces of the University System of Maryland;
19. the police force of Morgan State University;
20. the office of State Fire Marshal;
21. the Ocean Pines Police Department;
22. the police force of the Baltimore City Community College;
23. the police force of the Hagerstown Community College;
24. the Internal Investigation Unit of the Department of Public Safety and Correctional Services;
25. the Warrant Apprehension Unit of the Division of Parole and Probation in the Department of Public Safety and Correctional Services; or
26. the police force of the Anne Arundel Community College.
(2) “Law enforcement officer” does not include:
(i) an individual who serves at the pleasure of the Police Commissioner of Baltimore City;
(ii) an individual who serves at the pleasure of the appointing authority of a charter county;
(iii) the police chief of a municipal corporation;
(iv) an officer who is in probationary status on initial entry into the law enforcement agency except if an allegation of brutality in the execution of the officer’s duties is made;
(v) a Montgomery County fire and explosive investigator as defined in § 2–208.1 of the Criminal Procedure Article;
(vi) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2–208.2 of the Criminal Procedure Article;
(vii) a Prince George’s County fire and explosive investigator as defined in § 2–208.3 of the Criminal Procedure Article;
(viii) a Worcester County fire and explosive investigator as defined in § 2–208.4 of the Criminal Procedure Article;
(ix) a City of Hagerstown fire and explosive investigator as defined in § 2–208.5 of the Criminal Procedure Article; or
(x) a Howard County fire and explosive investigator as defined in § 2–208.6 of the Criminal Procedure Article.
(k) “Unfounded” means that the allegations against a police officer are not supported by fact.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.