2022

LAWS OF MARYLAND

Ch. 249

(3)  The law-enforcement officer under investigation
shall be informed of the name, rank, and command of the officer
in charge of the investigation, the interrogating officer, and
all persons present during the interrogation. All questions
directed to the officer under interrogation shall be asked by and
through one interrogator during any one interrogating session
consistent with the provisions of subsection (b)(6) of this
section.

(4)  A complaint against a law-enforcement officer,
alleging brutality in the execution of his duties, may not be
investigated unless the complaint be duly sworn to by the
aggrieved person, a member of the aggrieved person's immediate
family, or by any person with firsthand knowledge obtained as a
result of the presence at and observation of the alleged
incident, or by the parent or guardian in the case of a minor
child before an official authorized to administer oaths. An
investigation which could lead to disciplinary action under this
subtitle for brutality may not be initiated and an action may not
be taken unless the complaint is filed within 90 days of the
alleged brutality.

(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, any information which will not be used in
the upcoming hearing, 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.

(6)  Interrogating sessions shall be for reasonable
periods and shall be timed to allow for any personal necessities
and rest periods as are reasonably necessary.

(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,