Md. Code Ann., State Gov't § 6-106.2

Redline — January 1, 2022 → current.View current text →

Current — January 1, 2025

As of January 1, 2022

(a) In this section, “police officer” has the meaning stated in § 3–201 of the Public Safety Article.

(b) There is an Independent Investigative Unit within the Office of the Attorney General.

(c) (1) The Independent Investigative Unit shall investigate all alleged or potential police–involved deaths of civilians.

(2) The Independent Investigative Unit may investigate any other crimes related to police misconduct that are discovered during an investigation under paragraph (1) of this subsection.

(d) In conducting an investigation under subsection (c) of this section, the Independent Investigative Unit may act with the full powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury in any county.

(e) (1) Within 15 days after completing an investigation required under subsection (c) of this section, the Independent Investigative Unit shall transmit a report containing detailed investigative findings to the State’s Attorney of the county that has jurisdiction to prosecute the matter.

(2) Except as otherwise provided by law, the report under this subsection shall remain confidential through adjudication of any associated criminal case at the trial court level.

(f) To investigate and assist with the investigation of alleged criminal offenses committed by police officers, the Independent Investigative Unit may:

(1) detail one or more police officers employed by the Department of State Police; and

(2) employ other civilian personnel as needed.

(g) (1) The Governor annually shall include funding in the State budget sufficient to provide for the full and proper operation of the Independent Investigative Unit.

(2) Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the Independent Investigative Unit.

(a) This section applies to an action brought or asserted by the State arising from or related to alleged or threatened injuries to the environment, infrastructure, or the natural resources of the State associated with the allision between the vessel known as the Dali and the Francis Scott Key Bridge on March 26, 2024.

(b) (1) In this section the following words have the meanings indicated.

(2) “Proportionate share of liability” means the percentage of comparative responsibility assigned by a judge or jury to a settling party in accordance with this section.

(3) “Responsible person” means a person alleged to be liable in an action governed by this section.

(1) make a determination of the total liability, including damages, costs, and any other available relief;

(2) assign comparative responsibility to each party joined in the action, including all defendants, third–party defendants, intervenors, and any other named party, based on the party’s relative degree of fault or responsibility for the total liability; and

(3) if equity requires, determine the liability of a group of related persons on a collective basis.

(d) If the State has not obtained complete relief from a responsible person who has resolved the person’s liability to the State in a settlement of an action governed by this section, the State may:

(1) continue to pursue an action against any other responsible person who has not resolved the person’s liability to the State; or

(2) bring a new action against any other responsible person who has not resolved the person’s liability to the State.

(e) Notwithstanding any other provision of State law:

(1) the Maryland Uniform Contribution Among Joint Tort–Feasors Act under Title 3, Subtitle 14 of the Courts Article does not apply to an action governed by this section;

(2) if a responsible person resolves the person’s liability to the State in a settlement of an action governed by this section, the person may not be liable for claims for noncontractual contribution or indemnity regarding any action or claim resolved in the settlement; and

(3) a settlement of an action governed by this section that resolves the liability of a responsible person:

(i) does not release from liability any other responsible person except as specifically provided in the terms of the settlement; but

(ii) reduces the potential liability of all other responsible persons liable in whole or in part by the larger of:

1. the settling person’s proportionate share of liability; or

2. the amount the settling person pays to settle the action.

(f) This section may not be construed to:

(1) impair any express contractual rights;

(2) create new types of actions or claims;

(3) alter the burden of proof, causation standard, or elements of an action or claim governed by this section; or

(4) grant authority to the State or the Attorney General to bring actions or claims not otherwise authorized by law.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.