Ch. 499                                    LAWS OF MARYLAND

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, any information [which will not be used in
the upcoming hearing,] THAT IS THE SUBJECT OF ANY OTHER PENDING
INTERNAL INVESTIGATION WHICH IS IRRELEVANT TO THE CHARGES AND
SPECIFICATIONS AGAINST THE OFFICER, 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:

(5)(I) THE LAW-ENFORCEMENT OFFICER UNDER

INVESTIGATION SHALL BE INFORMED IN WRITING OF THE NATURE OF THE
INVESTIGATION PRIOR TO ANY INTERROGATION.

(II) 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 10 DAYS PRIOR TO ANY HEARING.

(III) IN ADDITION, THE LAW-ENFORCEMENT OFFICER
UNDER INVESTIGATION SHALL BE FURNISHED WITH A COPY OF THE
INVESTIGATORY FILE AND ANY EXCULPATORY INFORMATION, BUT
EXCLUDING:

1. THE IDENTITY OF CONFIDENTIAL SOURCES;

2. ANY NONEXCULPATORY INFORMATION; AND

3. RECOMMENDATIONS AS TO CHARGES,
DISPOSITION, OR PUNISHMENT.

(IV) THE LAW-ENFORCEMENT OFFICER UNDER
INVESTIGATION SHALL BE FURNISHED WITH A COPY OF THE INVESTIGATORY
FILE AND THE EXCULPATORY INFORMATION DESCRIBED UNDER SUBPARAGRAPH
(III) OF THIS PARAGRAPH NOT LESS THAN 10 DAYS BEFORE ANY HEARING
IF THE OFFICER AND THE OFFICER'S REPRESENTATIVE AGREE:

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