WILLIAM DONALD SCHAEFER, Governor                    Ch. 778

authorizing emergency suspension without pay of a law
enforcement officer under certain circumstances; providing
for a prompt hearing; and generally relating to emergency
suspension of law enforcement officers.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 734A

Annotated Code of Maryland

(1982 Replacement Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

734A.

The provisions of this subtitle are not intended to prohibit
summary punishment or emergency suspension by higher ranking
law-enforcement officers as may be designated by the head of a
law-enforcement agency.

(1)  Summary punishment may be imposed for minor
violations of departmental rules and regulations when: (i) The
facts which constitute the minor violation are not in dispute;
(ii) the officer waives the hearing provided by this subtitle;
and (iii) the officer accepts the punishment imposed by the
highest ranking officer of the unit to which the officer is
attached.

(2)  (I) Emergency suspension WITH PAY may be imposed
by the chief when it appears that the action is in the best
interest of the public and the law-enforcement agency.

(II)  IF THE OFFICER IS SUSPENDED WITH PAY, THE
CHIEF MAY SUSPEND THE POLICE POWERS OF THE OFFICER AND REASSIGN
THE OFFICER TO RESTRICTED DUTIES PENDING A DETERMINATION BY A
COURT OF COMPETENT JURISDICTION WITH RESPECT TO ANY CRIMINAL
VIOLATION OR FINAL DETERMINATION BY AN ADMINISTRATIVE HEARING
BOARD AS TO ANY DEPARTMENTAL VIOLATION.

(III)  Any person so suspended shall be entitled
to a prompt hearing.

(3)  (I) EMERGENCY SUSPENSION OF POLICE POWERS WITHOUT
PAY MAY BE IMPOSED BY THE CHIEF IF A LAW ENFORCEMENT OFFICER HAS
BEEN INDICTED FOR CHARGED WITH THE COMMISSION OF A FELONY.

(II) ANY PERSON SO SUSPENDED SHALL BE ENTITLED
TO A PROMPT HEARING.

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