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§ 5-104. Law enforcement; citizenship or immigration status

West's Annotated Code of MarylandCriminal ProcedureEffective: January 5, 2022

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 5. Release (Refs & Annos)
Subtitle 1. In General (Refs & Annos)
Effective: January 5, 2022
MD Code, Criminal Procedure, § 5-104
§ 5-104. Law enforcement; citizenship or immigration status
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Civil immigration violation” means a violation of federal civil immigration law.
(3) “Family member” means a relative by blood, adoption, or marriage.
(4) “Household member” means a person who lives with another or is a regular presence in the home of another.
(5)(i) “Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3-209 of the Public Safety Article.
(ii) “Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.
(6) “Local correctional facility” has the meaning stated in § 1-101 of the Correctional Services Article.
(7) “State correctional facility” has the meaning stated in § 1-101 of the Correctional Services Article.
In general
(b)(1) In this subsection, “arrest” does not include a routine booking procedure.
(2) Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions:
(i) inquire about an individual's citizenship, immigration status, or place of birth during a stop, a search, or an arrest;
(ii) detain, or prolong the detention of, an individual:
1. for the purpose of investigating the individual's citizenship or immigration status; or
2. based on the suspicion that the individual has committed a civil immigration violation;
(iii) transfer an individual to federal immigration authorities unless required by federal law; or
(iv) coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:
1. the individual's family member;
2. the individual's household member;
3. the individual's legal guardian; or
4. another individual for whom the individual is a legal guardian.
(3) Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.
(4) If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:
(i) notify the individual of the protection or requirement; and
(ii) provide the individual an opportunity to voluntarily disclose the individual's citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.

Credits

Added by Acts 2021, 1st Sp. Sess., c. 19, § 1, eff. Jan. 5, 2022.
MD Code, Criminal Procedure, § 5-104, MD CRIM PROC § 5-104
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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