HARRY HUGHES, Governor

3015

FOR the purpose of providing that a law enforcement officer under
investigation shall be furnished with a copy of the
investigatory file, excluding certain information, not less
than a certain time before any hearing if certain conditions
as to confidentiality of the file and payment of costs are
met.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 728(b)(5)

Annotated Code of Maryland

(1982 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland 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:

(5) The law-enforcement officer under investigation
shall be informed in writing of the nature of the investigation
prior to any interrogation. Upon completion of the investigation,
the law-enforcement officer shall be notified of the name of any
witness and all charges and specifications against the officer
not less than ten days prior to any hearing. IN ADDITION, THE
LAW ENFORCEMENT OFFICER UNDER INVESTIGATION SHALL BE FURNISHED
WITH A COPY OF THE INVESTIGATORY FILE, EXCLUDING THE IDENTITY OF
CONFIDENTIAL SOURCES AND RECOMMENDATIONS AS TO CHARGES,"
DISPOSITION, OR PUNISHMENT, NOT LESS THAN 10 DAYS BEFORE ANY
HEARING IF THE OFFICER AND THE OFFICER'S REPRESENTATIVE AGREE:

(I)  TO EXECUTE A CONFIDENTIALITY AGREEMENT WITH
THE LAW ENFORCEMENT AGENCY TO NOT DISCLOSE ANY OF THE MATERIAL
CONTAINED IN THE RECORD FOR ANY PURPOSE OTHER THAN TO DEFEND THE
OFFICER; AND

(II)  TO PAY ANY REASONABLE CHARGE FOR THE COST
OF REPRODUCING THE MATERIAL INVOLVED.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.