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Session Laws, 1975
Volume 716, Page 1262   View pdf image
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LAWS OF MARYLAND                       [Ch. 255

[[CHIEF]] STATE PROSECUTOR
[[33A. CREATED; QUALIFICATIONS; TERM; SALARY

(A)    THE OFFICE OF THE CHIEF STATE PROSECUTOR IS
CREATED AS AN INDEPENDENT UNIT IN THE EXECUTIVE BRANCH
AND IS ATTACHED FOR ADMINISTRATIVE PURPOSES TO THE OFFICE
OF THE ATTORNEY GENERAL. THE CHIEF STATE PROSECUTOR SHALL
BE APPOINTED BY THE GOVERNOR FROM AMONG THE PERSONS
NOMINATED BY THE PROSECUTORS SELECTION COMMISSION FOR A
TERM OF SIX YEARS AND UNTIL HIS SUCCESSOR IS APPOINTED
AND QUALIFIES.

(B)     A PERSON IS NOT ELIGIBLE TO BE CHIEF STATE
PROSECUTOR UNLESS, AT THE TIME OF HIS APPOINTMENT, HE HAS
ACTIVELY AND LAWFULLY PRACTICED LAW IN MARYLAND FOR AT
LEAST FIVE YEARS.

(C)     THE CHIEF STATE PROSECUTOR SHALL RECEIVE THE
SALARY PROVIDED IN THE STATE BUDGET, BUT NOT LESS THAN
THE SALARY OF A JUDGE OF THE CIRCUIT COURT.

33B. DUTIES

(A)     THE CHIEF STATE PROSECUTOR HAS THE DUTIES,
POWERS, AND RESPONSIBILITIES SET FORTH IN THIS SECTION.

(B)    EXCEPT WITH RESPECT TO OFFENSES ALLEGED TO BE
COMMITTED BY HIMSELF OR MEMBERS OF HIS STAFF, HE HAS
EXCLUSIVE JURISDICTION TO INVESTIGATE AND PROSECUTE

(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.

(C)     HE MAY REFER A CASE OVER WHICH HE HAS
EXCLUSIVE JURISDICTION TO A STATE PROSECUTOR FOR
INVESTIGATION AND PROSECUTION.

(D)      HE HAS CONCURRENT JURISDICTION WITH THE
VARIOUS STATE PROSECUTORS TO INVESTIGATE AND PROSECUTE
CRIMINAL ACTIVITY CONDUCTED OR COMMITTED PARTLY IN THIS

1262

 

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Session Laws, 1975
Volume 716, Page 1262   View pdf image
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