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§ 3-102. Effect of Subtitle

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2016

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 3. Law Enforcement (Refs & Annos)
Subtitle 1. Law Enforcement Officers' Bill of Rights (Refs & Annos)
Effective: October 1, 2016
MD Code, Public Safety, § 3-102
Formerly cited as MD CODE Art. 27, § 728;  MD CODE Art. 27, § 734B
§ 3-102. Effect of Subtitle
Conflicting law superseded
(a) Except for the administrative hearing process under Subtitle 2 of this title that relates to the certification enforcement power of the Police Training and Standards Commission, this subtitle supersedes any other law of the State, a county, or a municipal corporation that conflicts with this subtitle.
Preemption of local law
(b) Any local law is preempted by the subject and material of this subtitle.
Authority of chief not limited
(c) This subtitle does not limit the authority of the chief to regulate the competent and efficient operation and management of a law enforcement agency by any reasonable means including transfer and reassignment if:
(1) that action is not punitive in nature; and
(2) the chief determines that action to be in the best interests of the internal management of the law enforcement agency.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003; Acts 2018, c. 12, § 6.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2003, c. 5):
This section is new language derived without substantive change from former Art. 27, §§ 734B and 728(c).
In subsection (a) of this section, the former specific references to any “ordinance” and “regulation” are deleted as included in the general reference to “law”.
In subsection (b) of this section, the reference to any local “law” is substituted for the former reference to local “legislation” for consistency with subsection (a) of this section.
In the introductory language of subsection (c) of this section, the former phrase “but not limited to” is deleted as surplusage in light of the word “including”. See Art. 1, § 30.
Defined terms: “Chief” § 3-101
“County” § 1-101
HISTORICAL AND STATUTORY NOTES
2018 Legislation
Acts 2018, c. 12, § 6, in (a), substituted “Police Training and Standards Commission” for “Police Training Commission”.
Derivation:
Former Art. 27, § 728, related to political activity by law enforcement officers, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
Former Art. 27, § 734B, related to preemption of local legislation, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
MD Code, Public Safety, § 3-102, MD PUBLIC SAFETY § 3-102
Current through all legislation from the 2019 Regular Session of the General Assembly.
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