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Statutes Text

Article - Public Safety




§3–104.    IN EFFECT

    (a)    The investigation or interrogation by a law enforcement agency of a law enforcement officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.

    (b)    For purposes of this section, the investigating officer or interrogating officer shall be:

        (1)    a sworn law enforcement officer; or

        (2)    if requested by the Governor, the Attorney General or Attorney General’s designee.

    (c)    (1)    A complaint against a law enforcement officer that alleges brutality in the execution of the law enforcement officer’s duties may not be investigated unless the complaint is signed and sworn to, under penalty of perjury, by:

            (i)    the aggrieved individual;

            (ii)    a member of the aggrieved individual’s immediate family;

            (iii)    an individual with firsthand knowledge obtained because the individual:

                1.    was present at and observed the alleged incident; or

                2.    has a video recording of the incident that, to the best of the individual’s knowledge, is unaltered; or

            (iv)    the parent or guardian of the minor child, if the alleged incident involves a minor child.

        (2)    Unless a complaint is filed within 366 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated and an action may not be taken.

    (d)    (1)    The law enforcement officer under investigation shall be informed of the name, rank, and command of:

            (i)    the law enforcement officer in charge of the investigation;

            (ii)    the interrogating officer; and

            (iii)    each individual present during an interrogation.

        (2)    Before an interrogation, the law enforcement officer under investigation shall be informed in writing of the nature of the investigation.

    (e)    If the law enforcement officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, the law enforcement officer shall be informed completely of all of the law enforcement officer’s rights before the interrogation begins.

    (f)    Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the law enforcement officer is on duty.

    (g)    (1)    The interrogation shall take place:

            (i)    at the office of the command of the investigating officer or at the office of the local precinct or police unit in which the incident allegedly occurred, as designated by the investigating officer; or

            (ii)    at another reasonable and appropriate place.

        (2)    The law enforcement officer under investigation may waive the right described in paragraph (1)(i) of this subsection.

    (h)    (1)    All questions directed to the law enforcement officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.

        (2)    Each session of interrogation shall:

            (i)    be for a reasonable period; and

            (ii)    allow for personal necessities and rest periods as reasonably necessary.

    (i)    The law enforcement officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.

    (j)    (1)    (i)    On request, the law enforcement officer under interrogation has the right to be represented by counsel or another responsible representative of the law enforcement officer’s choice who shall be present and available for consultation at all times during the interrogation.

            (ii)    The law enforcement officer may waive the right described in subparagraph (i) of this paragraph.

        (2)    (i)    The interrogation shall be suspended for a period not exceeding 5 business days until representation is obtained.

            (ii)    Within that 5 business day period, the chief for good cause shown may extend the period for obtaining representation.

        (3)    During the interrogation, the law enforcement officer’s counsel or representative may:

            (i)    request a recess at any time to consult with the law enforcement officer;

            (ii)    object to any question posed; and

            (iii)    state on the record outside the presence of the law enforcement officer the reason for the objection.

    (k)    (1)    A complete record shall be kept of the entire interrogation, including all recess periods, of the law enforcement officer.

        (2)    The record may be written, taped, or transcribed.

        (3)    On completion of the investigation, and on request of the law enforcement officer under investigation or the law enforcement officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.

    (l)    (1)    The law enforcement agency may order the law enforcement officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.

        (2)    If the law enforcement agency orders the law enforcement officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the law enforcement officer refuses to do so, the law enforcement agency may commence an action that may lead to a punitive measure as a result of the refusal.

        (3)    If the law enforcement agency orders the law enforcement officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the law enforcement officer.

    (m)    (1)    If the law enforcement agency orders the law enforcement officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the law enforcement agency and the law enforcement officer agree to the admission of the results.

        (2)    The law enforcement officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygraph examiner if:

            (i)    the questions to be asked are reviewed with the law enforcement officer or the counsel or representative before the administration of the examination;

            (ii)    the counsel or representative is allowed to observe the administration of the examination; and

            (iii)    a copy of the final report of the examination by the certified polygraph examiner is made available to the law enforcement officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.

    (n)    (1)    On completion of an investigation and at least 10 days before a hearing, the law enforcement officer under investigation shall be:

            (i)    notified of the name of each witness and of each charge and specification against the law enforcement officer; and

            (ii)    provided with a copy of the investigatory file and any exculpatory information, if the law enforcement officer and the law enforcement officer’s representative agree to:

                1.    execute a confidentiality agreement with the law enforcement agency not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the law enforcement officer; and

                2.    pay a reasonable charge for the cost of reproducing the material.

        (2)    The law enforcement agency may exclude from the exculpatory information provided to a law enforcement officer under this subsection:

            (i)    the identity of confidential sources;

            (ii)    nonexculpatory information; and

            (iii)    recommendations as to charges, disposition, or punishment.

    (o)    (1)    The law enforcement agency may not insert adverse material into a file of the law enforcement officer, except the file of the internal investigation or the intelligence division, unless the law enforcement officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.

        (2)    The law enforcement officer may waive the right described in paragraph (1) of this subsection.

§3–104.    ** TAKES EFFECT JULY 1, 2022 PER CHAPTER 59 OF 2021 **

    (a)    (1)    Each county shall have one administrative charging committee to serve countywide law enforcement agencies and local law enforcement agencies within the county.

        (2)    A county administrative charging committee shall be composed of:

            (i)    the chair of the county’s police accountability board, or another member of the accountability board designated by the chair of the accountability board;

            (ii)    two civilian members selected by the county’s police accountability board; and

            (iii)    two civilian members selected by the chief executive officer of the county.

    (b)    (1)    There shall be at least one statewide administrative charging committee to serve statewide and bi–county law enforcement agencies.

        (2)    A statewide administrative charging committee shall be composed of:

            (i)    three civilian members appointed by the Governor;

            (ii)    one civilian member appointed by the President of the Senate; and

            (iii)    one civilian member appointed by the Speaker of the House.

    (c)    Before serving as a member of an administrative charging committee, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

    (d)    On completion of an investigation of a complaint made by a member of the public against a police officer, the law enforcement agency shall forward to the appropriate administrative charging committee the investigatory files for the matter.

    (e)    An administrative charging committee shall:

        (1)    review the findings of a law enforcement agency’s investigation conducted and forwarded in accordance with subsection (d) of this section;

        (2)    make a determination that the police officer who is subject to investigation shall be:

            (i)    administratively charged; or

            (ii)    not administratively charged;

        (3)    if the police officer is charged, recommend discipline in accordance with the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 of this subtitle;

        (4)    review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;

        (5)    authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative;

        (6)    issue a written opinion that describes in detail its findings, determinations, and recommendations; and

        (7)    forward the written opinion to the chief of the law enforcement agency, the police officer, and the complainant.

    (f)    In executing its duties in accordance with subsection (e) of this section, an administrative charging committee may:

        (1)    request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;

        (2)    if the police officer is not administratively charged, make a determination that:

            (i)    the allegations against the police officer are unfounded; or

            (ii)    the police officer is exonerated; and

        (3)    record, in writing, any failure of supervision that caused or contributed to a police officer’s misconduct.

    (g)    An administrative charging committee shall meet once per month or as needed.

    (h)    A member of an administrative charging committee shall maintain confidentiality relating to a matter being considered by the administrative charging committee until final disposition of the matter.



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