HARRY HUGHES, Governor

2023

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.

(8)  A complete record, either written, taped, or
transcribed, shall be kept of the complete interrogation of a
law-enforcement officer, including all recess periods. Upon
completion of the investigation, and upon request of the
law-enforcement officer under investigation or his counsel, a
copy of the record of his interrogation shall be made available
not less than ten days prior to any hearing.

(9)  If the law-enforcement officer under
interrogation is under arrest, or is likely to be placed under
arrest as a result of the interrogation, he shall be completely
informed of all his rights prior to the commencement of the
interrogation.

(10)  At the request of any law-enforcement officer
under interrogation, the officer shall have the right to be
represented by counsel or any other responsible representative of
his choice who shall be present and available for consultation at
all times during the interrogation, unless waived by the
law-enforcement officer. The interrogation shall be suspended for
a period of time not to exceed ten days until representation is
obtained. However, the chief may, for good cause shown, within
that ten day period, extend that period of time.

(11)  A statute may not abridge and a law-enforcement
agency may not adopt any regulation which prohibits the right of
a law-enforcement officer to bring suit arising out of his duties
as a law-enforcement officer.

(12)  (i) A law-enforcement agency may not insert any
adverse material into any file of the officer, except the file of
the internal investigation or the intelligence division, unless
the officer has an opportunity to review, sign, receive a copy
of, and comment in writing upon the adverse material, unless the
officer waives these rights.