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§ 3-101. Definitions

West's Annotated Code of MarylandPublic SafetyEffective: July 1, 2019

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: July 1, 2019
MD Code, Public Safety, § 3-101
Formerly cited as MD CODE Art. 27, § 727
§ 3-101. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Chief
(b)(1) “Chief” means the head of a law enforcement agency.
(2) “Chief” includes the officer designated by the head of a law enforcement agency.
Hearing
(c)(1) “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.
(2) “Hearing” does not include an interrogation at which no testimony is taken under oath.
Hearing board
(d) “Hearing board” means a board that is authorized by the chief to hold a hearing on a complaint against a law enforcement officer.
Law enforcement officer
(e)(1) “Law enforcement officer” means an individual who:
(i) in an official capacity is authorized by law to make arrests; and
(ii) is a member of one of the following law enforcement agencies:
1. the Department of State Police;
2. the Police Department of Baltimore City;
3. the Baltimore City School Police Force;
4. the Baltimore City Watershed Police Force;
5. the police department, bureau, or force of a county;
6. the police department, bureau, or force of a municipal corporation;
7. the office of the sheriff of a county;
8. the police department, bureau, or force of a bicounty agency;
9. the Maryland Transportation Authority Police;
10. the police forces of the Department of Transportation;
11. the police forces of the Department of Natural Resources;
12. the Field Enforcement Bureau of the Comptroller's Office;
13. the Housing Authority of Baltimore City Police Force;
14. the Crofton Police Department;
15. the police force of the Maryland Department of Health;
16. the police force of the Maryland Capitol Police of the Department of General Services;
17. the police forces of the University System of Maryland;
18. the police force of Morgan State University;
19. the office of State Fire Marshal;
20. the Ocean Pines Police Department;
21. the police force of the Baltimore City Community College;
22. the police force of the Hagerstown Community College;
23. the Internal Investigation Unit of the Department of Public Safety and Correctional Services;
24. the Warrant Apprehension Unit of the Division of Parole and Probation in the Department of Public Safety and Correctional Services;
25. the police force of the Anne Arundel Community College; or
26. the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.
(2) “Law enforcement officer” does not include:
(i) an individual who serves at the pleasure of the Police Commissioner of Baltimore City;
(ii) an individual who serves at the pleasure of the appointing authority of a charter county;
(iii) the police chief of a municipal corporation;
(iv) an officer who is in probationary status on initial entry into the law enforcement agency except if an allegation of brutality in the execution of the officer's duties is made;
(v) a Montgomery County fire and explosive investigator as defined in § 2-208.1 of the Criminal Procedure Article;
(vi) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2-208.2 of the Criminal Procedure Article;
(vii) a Prince George's County fire and explosive investigator as defined in § 2-208.3 of the Criminal Procedure Article;
(viii) a Worcester County fire and explosive investigator as defined in § 2-208.4 of the Criminal Procedure Article;
(ix) a City of Hagerstown fire and explosive investigator as defined in § 2-208.5 of the Criminal Procedure Article;
(x) a Howard County fire and explosive investigator as defined in § 2-208.6 of the Criminal Procedure Article; or
(xi) the Chief of Police of the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2004, c. 377, § 1, eff. Oct. 1, 2004; Acts 2005, c. 25, § 6, eff. April 12, 2005; Acts 2005, c. 283, § 1, eff. Oct. 1, 2005; Acts 2005, c. 463, § 1, eff. Oct. 1, 2005; Acts 2005, c. 532, § 1, eff. Oct. 1, 2005; Acts 2006, c. 305, § 1, eff. Oct. 1, 2006; Acts 2006, c. 417, § 1, eff. July 1, 2006; Acts 2007, c. 410, § 2, eff. Oct. 1, 2007; Acts 2007, c. 5, § 7, eff. March 22, 2007; Acts 2007, c. 619, § 1, eff. Oct. 1, 2007; Acts 2008, c. 428, § 1, eff. July 1, 2008; Acts 2008, c. 429, § 1, eff. July 1, 2008; Acts 2009, c. 389, § 1, eff. Oct. 1, 2009; Acts 2011, c. 39, § 1, eff. Oct. 1, 2011; Acts 2011, c. 366, § 1, eff. June 1, 2011; Acts 2014, c. 148, § 1, eff. Oct. 1, 2014; Acts 2015, c. 302, § 1, eff. Oct. 1, 2015; Acts 2017, c. 309, § 1, eff. Oct. 1, 2017; Acts 2018, c. 30, § 4, eff. June 1, 2018; Acts 2018, c. 149, § 1, eff. July 1, 2018; Acts 2019, c. 25, § 2, eff. July 1, 2019; Acts 2019, c. 94, § 1, eff. July 1, 2019.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2003, c. 5):
This subsection [(a)] formerly was Art. 27, § 727(a).
The only changes are in style.
This subsection [(b)] is new language derived without substantive change from former Art. 27, § 727(g).
Paragraph (1) of this subsection is revised for clarity to refer generally to the “head” of a law enforcement agency. Consequently, the former specific references to the “superintendent”, “commissioner”, “chief of police”, and “sheriff” are deleted as included in the general reference to the “head” of a law enforcement agency.
In paragraph (2) of this subsection, the reference to the “head of a law enforcement agency” is substituted for the former reference to the “official” for clarity and consistency with terminology used in paragraph (1) of this subsection.
This subsection [(c)] is new language derived without substantive change from former Art. 27, § 727(e).
In paragraph (1) of this subsection, the reference to a “proceeding” is substituted for the former reference to a “meeting” for clarity. Correspondingly, the reference to an “investigation” is substituted for the former reference to an “investigatory proceeding” to avoid using the term “proceeding” twice.
Also in paragraph (1) of this subsection, the former reference to “adducing” testimony is deleted as included in the reference to “tak[ing]” testimony.
Defined term: “Hearing board” § 3-101
This subsection [(d)] is new language derived without substantive change from the first clause of the first sentence of former Art. 27, § 727(d)(1).
Defined terms: “Chief” § 3-101
“Hearing” § 3-101
“Law enforcement officer” § 3-101
This subsection [(e)] is new language derived without substantive change from former Art. 27, § 727(b) and (c).
In the introductory language of paragraph (1) and in paragraph (2)(i) and (ii) of this subsection, the reference to an “individual” is substituted for the former reference to a “person” because only an individual, and not the other entities included in the defined term “person”, can be a law enforcement officer. See § 1-101 of this article for the definition of “person”.
In paragraphs (1)(ii)6 and (2)(iii) of this subsection, the references to a “municipal corporation” are substituted for the former references to an “incorporated city or town” for consistency with Md. Constitution, Art. XI-E.
In paragraph (1)(ii)7 of this subsection, the former reference to “Baltimore City” is deleted as surplusage in light of the article-wide definition of “county” in § 1-101 of this article.
In paragraph (1)(ii)11, 15, 16, 17, and 19 of this subsection, the reference to the police “force[s]” is substituted for the former reference to police “officers” for internal consistency in this paragraph in referring to law enforcement agencies.
In paragraph (1)(ii)18 of this subsection, the reference to the police “forces” of the University System of Maryland is substituted for the former reference to police “officers” to indicate that each college/university in the University System of Maryland has a separate police force.
In paragraph (1)(ii)20 of this subsection, the former reference to a “full-time investigative and inspection assistant” is deleted for accuracy. These individuals do not have arrest powers.
In paragraph (2)(iv) of this subsection, the reference to initial entry into the “law enforcement agency” is substituted for the former reference to initial entry into the “Department” because this provision is not limited to officers who are entering a particular police department, but covers officers entering any law enforcement agency listed in paragraph (1)(ii) of this subsection.
Defined term: “County” § 1-101
HISTORICAL AND STATUTORY NOTES
2007 Legislation
Acts 2007, c. 5, § 7, in subsec. (e)(2)(viii), corrected a cross-reference.
2008 Legislation
Acts 2008, c. 428, § 2, and Acts 2008, c. 429, § 2, provide:
“SECTION 2. AND BE IT FURTHER ENACTED, That on July 1, 2008, the Maryland Police Training Commission shall certify as a police officer each City of Hagerstown fire and explosive investigator who meets the requirements of § 2-208.5 of the Criminal Procedure Article, as enacted by Section 1 of this Act.”
Derivation:
Former Art. 27, § 727, related to definitions, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
MD Code, Public Safety, § 3-101, MD PUBLIC SAFETY § 3-101
Current through all legislation from the 2019 Regular Session of the General Assembly.
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