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§ 3-103. Rights of law enforcement officers generally

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, § 3-103
Formerly cited as MD CODE Art. 27, § 728;  MD CODE Art. 27, § 729;  MD CODE Art. 27, § 729A;  MD CODE Art. 27, § 733;  MD CODE Art. 27, § 734D
§ 3-103. Rights of law enforcement officers generally
Right to engage in political activity
(a)(1) Subject to paragraph (2) of this subsection, a law enforcement officer has the same rights to engage in political activity as a State employee.
(2) This right to engage in political activity does not apply when the law enforcement officer is on duty or acting in an official capacity.
Regulation of secondary employment
(b) A law enforcement agency:
(1) may not prohibit secondary employment by law enforcement officers; but
(2) may adopt reasonable regulations that relate to secondary employment by law enforcement officers.
Disclosure of property, income, and other information
(c) A law enforcement officer may not be required or requested to disclose an item of the law enforcement officer's property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the law enforcement officer's family or household, unless:
(1) the information is necessary to investigate a possible conflict of interest with respect to the performance of the law enforcement officer's official duties; or
(2) the disclosure is required by federal or State law.
Retaliation
(d)(1) A law enforcement officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the law enforcement officer's employment or be threatened with that treatment because the law enforcement officer:
(i) has exercised or demanded the rights granted by this subtitle;
(ii) has lawfully exercised constitutional rights; or
(iii) has disclosed information that evidences:
1. gross mismanagement;
2. a gross waste of government resources;
3. a substantial and specific danger to public health or safety; or
4. a violation of law committed by another law enforcement officer.
(2) A law enforcement officer may not undertake an independent investigation based on knowledge of disclosures described in paragraph (1)(iii) of this subsection.
Right to sue
(e) A statute may not abridge and a law enforcement agency may not adopt a regulation that prohibits the right of a law enforcement officer to bring suit that arises out of the law enforcement officer's duties as a law enforcement officer.
Waiver of rights
(f) A law enforcement officer may waive in writing any or all rights granted by this subtitle.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2016, c. 519, § 1, eff. Oct. 1, 2016.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2003, c. 5):
This section is new language derived without substantive change from former Art. 27, §§ 729, 729A, 733, 734D, and 728(a) and (b)(11).
In subsection (a)(1) of this section, the introductory phrase “[s]ubject to paragraph (2) of this subsection” is added to clarify that the right to engage in political activity is limited by subsection (a)(2) of this section.
In subsection (f) of this section, the defined term “law enforcement officer” is substituted for the former term “officer” for consistency with terminology used throughout this subtitle.
Also in subsection (f) of this section, the reference to rights “granted” by this subtitle is substituted for the former reference to rights “provided” in this subtitle for consistency with subsection (d)(1) of this section.
Defined term: “Law enforcement officer” § 3-101
HISTORICAL AND STATUTORY NOTES
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, § 729, related to disclosure of property and income, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
Former Art. 27, § 729A, related to secondary employment of law enforcement officers, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
Former Art. 27, § 733, related to retaliation, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
Former Art. 27, § 734D, related to waiver of rights, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
MD Code, Public Safety, § 3-103, MD PUBLIC SAFETY § 3-103
Current through all legislation from the 2019 Regular Session of the General Assembly.
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