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Statutes Text

Article - Public Safety




§3–101.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    (1)    “Chief” means the head of 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 Field Enforcement Division of the Alcohol and Tobacco Commission;

                14.    the Housing Authority of Baltimore City Police Force;

                15.    the Crofton Police Department;

                16.    the police force of the Maryland Department of Health;

                17.    the police force of the Maryland Capitol Police of the Department of General Services;

                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;

                26.    the police force of the Anne Arundel Community College; or

                27.    the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

        (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;

            (x)    a Howard County fire and explosive investigator as defined in § 2–208.6 of the Criminal Procedure Article; or

            (xi)    the Chief of Police of the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.



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