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Statutes Text

Article - State Government


    (a)    There is an Independent Investigations Division within the Office of the Attorney General.

    (b)    (1)    The Division is the primary investigative unit for police–involved incidents that result in the death of individuals or injuries likely to result in death.

        (2)    The Office of the Attorney General shall determine whether an incident is police–involved and whether an injury is likely to result in death.

    (c)    (1)    The Division shall investigate all police–involved incidents that result in the death of an individual or injuries that are likely to result in the death of an individual.

        (2)    (i)    Subject to subparagraph (ii) of this paragraph, a State’s Attorney may refer for investigation by the Division a police–involved incident resulting in serious bodily injury to an individual that is not otherwise within the jurisdiction of the Division under paragraph (1) of this subsection.

            (ii)    The Division may, in its discretion, decline to investigate an incident referred by a State’s Attorney under subparagraph (i) of this paragraph.

        (3)    The Division may investigate any other crime related to police misconduct that is discovered during an investigation under paragraph (1) or (2) of this subsection.

    (d)    In conducting an investigation under subsection (c) of this section, the Division 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)    To investigate under this section alleged criminal offenses committed by police officers, the Division may:

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

        (2)    employ other civilian personnel as needed.

    (f)    On or before January 31 each year, the Division shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the activities of the Division in the prior calendar year, including:

        (1)    the number of investigations that were conducted by the Division; and

        (2)    the number of prosecutions that were initiated as a result of an investigation by or a referral to the Division.

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

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

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