About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati730372.tmp
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 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.