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Ch. 366
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2132
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LAWS OF MARYLAND
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law-enforcement officer, alleging brutality in the
execution of his duties, [shall] MAY NOT be investigated
unless the complaint be duly sworn to BY THE AGGRIEVED
PERSON, A MEMBER OF THE AGGRIEVED PERSON'S IMMEDIATE
FAMILY, OR BY ANY PERSON WITH FIRST HAND KNOWLEDGE
OBTAINED AS A RESULT OF THE PRESENCE AT AND OBSERVATION
OF THE ALLEGED INCIDENT, OR BY THE PARENT OR GUARDIAN IN
HE CASE OF A MINOR CHILD before an official authorized
to administer oaths. AN INVESTIGATION WHICH COULD LEAD
TO DISCIPLINARY ACTION UNDER THIS SUBTITLE FOR BRUTALITY
MAY NOT BE INITIATED AND AN ACTION MAY NOT BE TAKEN
UNLESS THE COMPLAINT IS FILED WITHIN 30 90 DAYS OF THE
ALLEGED BRUTALITY.
(5) The law—enforcement officer under
investigation shall be informed in writing of the nature
of the investigation prior to any interrogation, [and of
the names of all witnesses]. UPON COMPLETION OF THE
INVESTIGATION, THE LAW-ENFORCEMENT OFFICER SHALL BE
NOTIFIED OF THE NAME OF ANY WITNESS NOT LESS THAN TEN
DAYS PRIOR TO ANY HEARING.
(6) Interrogating sessions shall be for
reasonable periods and shall be timed to allow for [such]
ANY personal necessities and rest periods as are
reasonably necessary.
(7) (I) The law-enforcement officer under
interrogation [shall] MAY not be threatened with
transfer, dismissal, or disciplinary action.
(II) THIS SUBTITLE DOES NOT PREVENT ANY
LAW-ENFORCEMENT AGENCY FROM REQUIRING A LAW-ENFORCEMENT
OFFICER UNDER INVESTIGATION TO SUBMIT TO BLOOD ALCOHOL
TESTS, BLOOD, BREATH, OR URINE TESTS FOR CONTROLLED
DANGEROUS SUBSTANCES, POLYGRAPH EXAMINATIONS, OR
INTERROGATIONS WHICH SPECIFICALLY RELATE TO THE SUBJECT
MATTER OF THE INVESTIGATION. THIS SUBTITLE DOES NOT
PREVENT A LAW-ENFORCEMENT AGENCY FROM COMMENCING ANY
ACTION WHICH MAY LEAD TO A PUNITIVE MEASURE AS A RESULT
OF A LAW-ENFORCEMENT OFFICER'S REFUSAL TO SUBMIT TO A
BLOOD ALCOHOL TEST, BLOOD, BREATH, OR URINE TESTS FOR
CONTROLLED DANGEROUS SUBSTANCES, POLYGRAPH EXAMINATION,
OR INTERROGATION, AFTER HAVING BEEN ORDERED TO DO SO BY
THE LAW-ENFORCEMENT AGENCY. THE RESULTS OF ANY BLOOD
ALCOHOL TEST, BLOOD, BREATH, OR URINE TEST FOR CONTROLLED
DANGEROUS SUBSTANCES, POLYGRAPH EXAMINATION, OR
INTERROGATION, AS MAY BE REQUIRED BY THE LAW-ENFORCEMENT
AGENCY UNDER THIS SUBPARAGRAPH ARE NOT ADMISSIBLE IN ANY
CRIMINAL PROCEEDINGS AGAINST THE LAW-ENFORCEMENT OFFICER
WHEN THE LAW-ENFORCEMENT OFFICER HAS BEEN ORDERED TO
SUBMIT THERETO. THE RESULTS OF A POLYGRAPH EXAMINATION
MAY NOT BE USED AS EVIDENCE IN ANY ADMINISTRATIVE HEARING
WHEN THE LAW-ENFORCEMENT OFFICER HAS BEEN ORDERED TO
SUBMIT TO A POLYGRAPH EXAMINATION BY THE LAW-ENFORCEMENT
AGENCY UNLESS THE AGENCY AND THE LAW-ENFORCEMENT OFFICER
AGREE TO THE ADMISSION OF THE RESULTS AT THE
ADMINISTRATIVE HEARING.
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