1896

LAWS OF MARYLAND

Ch. 456

against the law enforcement officer if the officer was
ordered to submit to the tests and examinations.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 728(b)(7)

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be repealed, amended, or enacted to read as follows: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:

(7) (i) The law-enforcement officer under
interrogation 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 OR DISCOVERABLE 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.