912

LAWS OF MARYLAND

Ch. 205

CHAPTER 205

(House Bill 439)

AN ACT concerning

Law Enforcement Officers' Bill of Rights - Hearings

FOR the purpose of providing that a law enforcement officer is
not entitled to a hearing under the Law Enforcement
Officers' Bill of Rights if the officer has been charged and
convicted of certain crimes.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 730

Annotated Code of Maryland

(1982 Replacement Volume and 1985 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

730.

(a) If the investigation or interrogation of a
law-enforcement officer results in the recommendation of some
action, such as demotion, dismissal, transfer, loss of pay,
reassignment, or similar action which would be considered a
punitive measure, then, EXCEPT AS PROVIDED UNDER SUBSECTION (B)
OF THIS SECTION AND except in the case of summary punishment or
emergency suspension as allowed by § 734A of this subtitle and
before taking that action, the law-enforcement agency shall give
notice to the law-enforcement officer that he is entitled to a
hearing on the issues by a hearing board. The notice shall state
the time and place of the hearing and the issues involved. An
official record, including testimony and exhibits, shall be kept
of the hearing.

(B) A LAW ENFORCEMENT OFFICER IS NOT ENTITLED TO A HEARING
UNDER THIS SECTION IF THE LAW ENFORCEMENT OFFICER HAS BEEN
CHARGED AND CONVICTED OF A FELONY.

[(b)] (C) The hearing shall be conducted by a hearing
board. Both the law-enforcement agency and the law-enforcement
officer shall be given ample opportunity to present evidence and
argument with respect to the issues involved. Both may be
represented by counsel.

[(c)] (D) Evidence which possesses probative value commonly
accepted by reasonable and prudent men in the conduct of their
affairs shall be admissible and shall be given probative effect.