2142                                         LAWS OF MARYLAND                                     Ch. 296

10-213. POWERS OF STATE'S ATTORNEY.

(A)  IN GENERAL.

ON RECEIPT OF A COMPLAINT OR ON PERSONAL KNOWLEDGE OR
INFORMATION THAT AN INDIVIDUAL HAS VIOLATED § 10-201 OR § 10-203
OF THIS SUBTITLE, THE STATE'S ATTORNEY, A DEPUTY STATE'S
ATTORNEY, OR AN ASSISTANT STATE'S ATTORNEY MAY HOLD A PRETRIAL
INQUIRY.

(B)  OATHS; WITNESSES; EVIDENCE.

IN CONNECTION WITH ANY PRETRIAL INQUIRY UNDER THIS SECTION:

(1)  THE STATE'S ATTORNEY MAY ISSUE A SUMMONS THAT
REQUIRES A PERSON OTHER THAN THE ACCUSED INDIVIDUAL TO APPEAR, TO
TESTIFY, AND TO PRODUCE DOCUMENTS CONNECTED TO THE INQUIRY; AND

(2)  THE STATE'S ATTORNEY, A DEPUTY STATE'S ATTORNEY,
OR AN ASSISTANT STATE'S ATTORNEY MAY:

(I)  ADMINISTER OATHS;

(II)  EXAMINE WITNESSES; AND

(III)  RECEIVE EVIDENCE.

(C)  SANCTIONS FOR FAILURE TO APPEAR OR OBEY.

(1)  IF A PERSON FAILS TO OBEY A SUMMONS, OR FAILS TO
TESTIFY OR COMPLY WITH A REQUEST OF THE STATE'S ATTORNEY, A
DEPUTY STATE'S ATTORNEY, OR AN ASSISTANT STATE'S ATTORNEY, THE
STATE'S ATTORNEY MAY REQUEST THE CIRCUIT COURT TO ORDER THE
PERSON:

(I)  TO OBEY THE SUMMONS;

(II)  TO TESTIFY; OR

(III)  TO PRODUCE ANY DOCUMENT THAT THE COURT
CONSIDERS NECESSARY FOR THE INQUIRY.

(2)  IF A PERSON FAILS OR REFUSES TO OBEY THE ORDER OF
COURT AFTER THE ORDER HAS BEEN SERVED, THE PERSON IS IN CONTEMPT
OF COURT AND THE COURT MAY PUNISH THE PERSON FOR THE CONTEMPT.

(3)  A FINDING OF CONTEMPT UNDER THIS SUBSECTION IS
SUBJECT TO APPEAL.

REVISOR'S NOTE: This section is new language that combines
without substantive change former Article 27, § 91 and
the first sentence of § 89.