1780

LAWS OF MARYLAND

Ch. 392

(House Bill 761)

AN ACT concerning

Law Enforcement Agencies - Officers' Files

FOR the purpose of allowing law enforcement officers, under
certain conditions, to clear their records of
complaints for which the officers have been cleared.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 728(b)(12)

Annotated Code of Maryland

(1976 Replacement Volume and 1980 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be repealed, amended, or enacted to read as follows: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 27 - Crimes and Punishments

728.

(b) Whenever a law-enforcement officer is under
investigation or subjected to interrogation by a
law-enforcement agency, for any reason which could lead to
disciplinary action, demotion or dismissal, the
investigation or interrogation shall be conducted under the
following conditions:

(12) (I) A law-enforcement agency may not insert
any adverse material into any file of the officer, except
the file of the internal investigation or the intelligence
division, unless the officer has an opportunity to review,
sign, receive a copy of, and comment in writing upon the
adverse material, unless the officer waives these rights.

(II) A LAW ENFORCEMENT OFFICER, UPON
WRITTEN REQUEST, MAY HAVE ANY RECORD OF A FORMAL COMPLAINT
MADE AGAINST HIM EXPUNGED FROM ANY FILE IF:

1.  THE LAW ENFORCEMENT AGENCY
INVESTIGATING THE COMPLAINT HAS EXONERATED THE OFFICER OF
ALL CHARGES IN THE COMPLAINT, OR DETERMINED THAT THE CHARGES
WERE UNSUSTAINED OR UNFOUNDED; AND

2.  2 3 YEARS HAVE PASSED SINCE THE
FINDINGS BY THE LAW ENFORCEMENT AGENCY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 12, 1981.