2020

LAWS OF MARYLAND

Ch. 249

(3)  The police department, bureau, or force of any
county;

(4)  The police department, bureau, or force of any
incorporated city or town;

(5)  The office of the sheriff of any county;

(6)  The police department, bureau, or force of any
bicounty agency or the University of Maryland;

(7)  The State Aviation Administration police force of
the Department of Transportation, the Mass Transit Administration
police force of the Department of Transportation, the Maryland
toll facilities police force of the Maryland Transportation
Authority, and the Maryland Port Administration police force of
the Department of Transportation;

(8)  The police officers of the Department of Natural
Resources; or

(9)  The Maryland Alcohol and Tobacco Tax Enforcement
Unit.

(c)  "Law-enforcement officer" does not include an officer
serving in a probationary status except when allegations of
brutality in the execution of his or her duties are made
involving an officer who is in a probationary status. The
provisions of this subtitle do not apply to persons serving at
the pleasure of the Police Commissioner of Baltimore City or the
appointing authority of a charter county or to a police chief of
any incorporated city or town. The term "probationary status"
includes only an officer who is in that status upon initial entry
into the Department. EXCEPT FOR § 728(A) OF THIS SUBTITLE, THIS
SUBTITLE DOES NOT APPLY TO ANY INDIVIDUAL HOLDING THE RANK OF
CAPTAIN OR ANY HIGHER RANK.

(d)  "Hearing boards" mean

(1)  A board which is authorized by the chief to hold
a hearing on a complaint against a law-enforcement officer and
which consists of not less than three members, except as provided
in paragraph (2) of this subsection, all to be appointed by the
chief and selected from law-enforcement officers within that
agency, or law-enforcement officers of another agency with the
approval of the chief of the other agency, and who have had no
part in the investigation or interrogation of the law-enforcement
officer. At least one member of the hearing board shall be of the
same rank as the law-enforcement officer against whom the
complaint has been filed.

(2)  If a law-enforcement officer is offered summary
punishment imposed pursuant to § 734A and refuses, the chief may
convene a one-member or more hearing board and the hearing board