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Session Laws, 1976
Volume 734, Page 1697   View pdf image
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MARVIN MANDEL, Governor

1697

(b)    Except with respect to offenses alleged to be
committed by himself or members of his staff, he may, on
his own initiative, or at the request of the Governor,
THE ATTORNEY GENERAL, the General Assembly, [the Attorney
General,] or a State's [[attorney]] Attorney,
investigate:

(1)    Criminal offenses under the State
election laws;

(2)    Criminal offenses under the State
conflict of interest laws;

(3)    Violations of the State bribery laws in
which an official or employee of the State or of a
political subdivision of the State was the offeror or
offeree, or intended offeror or offeree, of a bribe; and

(4)    Offenses constituting criminal
malfeasance, misfeasance, or nonfeasance in office
committed by an officer of the State or of a political
subdivision of the State. Any person who is advised by
the State [[prosecutor]] Prosecutor that he is under
investigation may, at his discretion, release this
information including any results pertaining to him to
the public.

(c)    At the request of either the Governor,
Attorney General, General Assembly or a State's
[[attorney]] Attorney, the State prosecutor may
investigate criminal activity conducted or committed
partly in this State and partly in another jurisdiction,
or which is conducted or committed in more than one
political subdivision of the State.

(d)    If the State [[prosecutor]] Prosecutor finds
that an alleged violation of the criminal law set forth
in subsections (b) or (c) has occurred, he shall make a
confidential report of his findings together with any
recommendations for prosecution to THE ATTORNEY GENERAL
AND the State's [[attorney]] Attorney having jurisdiction
to prosecute the matter.

(e)    If the State's [[attorney]] Attorney within 45
days after receipt of the State [[prosecutor's]]
Prosecutor's findings and recommendations fails to file
charges and commence prosecution in accordance with the
recommendations, the State [[prosecutor]] Prosecutor may
prosecute those criminal offenses as set forth in his
investigative report and recommendations.

(f)    If the State [[prosecutor]] Prosecutor finds
that no violations of criminal law have occurred or he
does not recommend prosecution, he shall report his
findings to the person requesting the investigation. If
the General Assembly requested the investigation, the
report shall be made to the President of the Senate and
the Speaker of the House of Delegates. In addition, the

 

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Session Laws, 1976
Volume 734, Page 1697   View pdf image
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