BLAIR LEE III, Acting Governor

1951

BY repealing and reenacting, with amendments,

Article 10 — Attorneys at Law and Attorneys in Fact

Section 33A(a), 33B(d), (i), (j), and 33C

Section 33B(d) and (e)

Annotated Code of Maryland

(1976 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 10 - Attorneys at Law and Attorneys in Fact

33A.

(a) The office of State Prosecutor is created as an
independent unit [within the office of the Attorney General]

IN THE EXECUTIVE BRANCH. The State Prosecutor shall be

nominated by the State Prosecutor Selection and Disabilities
Commission and appointed by the Governor with the advice and
consent of the Senate for a term of six years and until his
successor is appointed and qualifies.

33B.

(d) If the State Prosecutor finds that an alleged
violation of the criminal law set forth in subsections (b)
and (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 having jurisdiction to prosecute the matter.
HOWEVER, A REPORT AND RECOMMENDATIONS CONTAINING ALLEGATIONS
OF OFFENSES COMMITTED BY A STATE'S ATTORNEY ARE NOT REQUIRED
TO BE MADE TO THAT STATE'S ATTORNEY.

(i) [The budget of the State Prosecutor and his
office shall be a part of the budget of the office of the
Attorney General.] THE STATE PROSECUTOR SHALL PREPARE AND
SUBMIT TO THE GOVERNOR A CONSOLIDATED BUDGET FOR HIS OFFICE.

(j) He shall submit an annual report to the

Governor[, the Attorney General] and the General Assembly on
the activities of his office which are not confidential.

33C.

The State Prosecutor may appoint and employ the

professional, investigative, and clerical staff provided in

the State budget. To the extent practicable, the State

Prosecutor shall utilize the services and personnel of [the

office of the Attorney General,] the Maryland State

Police[,] and other established State and LOCAL
law enforcement agencies. These agencies shall, to the

extent feasible, cooperate with the State Prosecutor and his
staff.