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Session Laws, 1994
Volume 773, Page 3237   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                           Ch. 728

(II)     IF THE COMMISSIONER DECLINES TO CHARGE THE ALLEGED
ABUSER, REQUEST THAT THE STATE'S ATTORNEY FILE A CRIMINAL CHARGING
DOCUMENT AGAINST THE ALLEGED ABUSER; AND

(III)    FILE A PETITION FOR RELIEF FROM ABUSE IN THE DISTRICT
COURT OR CIRCUIT COURT UNDER TITLE 4, SUBTITLE 5 OF THE FAMILY LAW
ARTICLE; AND

(2)      INCLUDES THE TELEPHONE NUMBER OF ANY LOCAL DOMESTIC
VIOLENCE PROGRAM THAT RECEIVES FUNDING FROM THE DEPARTMENT OF
HUMAN RESOURCES.

(B) A LAW ENFORCEMENT OFFICER MAY NOT BE HELD LIABLE IN ANY CIVIL
ACTION ARISING FROM THE OFFICER'S FAILURE TO PROVIDE THE NOTICE
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION.

771.

(A)     WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DOMESTIC
VIOLENCE CALL, THE OFFICER SHALL CONDUCT A PERSONAL INTERVIEW WITH THE
VICTIM AND TAKE A COMPLETE OFFENSE REPORT INCLUDING THE OFFICER'S
DISPOSITION OF THE CASE
REQUEST FOR ASSISTANCE UNDER § 11F OF THIS ARTICLE
AND AN INCIDENT REPORT IS FILED, THE LAW ENFORCEMENT AGENCY SHALL
PROVIDE A COPY OF THE REPORT TO THE MARYLAND STATE POLICE AND, ON
REQUEST, TO THE VICTIM WITHOUT A SUBPOENA.

(B)     (1) IN THIS SUBSECTION, "CIVILIAN EMPLOYEE" INCLUDES:

(I) A POLICE SERVICE AIDE;

(II) A COMMUNITY SERVICE OFFICER; AND

(III) A POLICE CADET.

(3)      A CIVILIAN EMPLOYEE OF A LAW ENFORCEMENT AGENCY MAY
PREPARE AN OFFENSE REPORT ON A DOMESTIC VIOLENCE COMPLAINT IF THE
VICTIM APPEARS IN PERSON AT THE OFFICE OF THE LAW ENFORCEMENT AGENCY.

(3) A CIVILIAN EMPLOYEE PREPARING A REPORT UNDER THIS
SUBSECTION SHALL CONDUCT A PERSONAL INTERVIEW WITH THE VICTIM.

(C) A COPY OF A REPORT PREPARED UNDER SUBSECTION (A) OR (B) OF THIS
SECTION SHALL BE MADE AVAILABLE TO THE VICTIM UPON REQUEST, WITHOUT A
SUBPOENA.

(D) EACH LAW ENFORCEMENT AGENCY SHALL MAKE, WITHIN 48 HOURS, A
WRITTEN RECORD AND SHALL MAINTAIN RECORDS OF ALL INCIDENTS OF
DOMESTIC VIOLENCE REPORTED TO IT.

(E) RECORDS KEPT UNDER THIS SECTION SHALL BE:

(1) MADE IDENTIFIABLE BY MEANS OF A DEPARTMENTAL CODE FOR
DOMESTIC VIOLENCE; AND

- 3237 -

 

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Session Laws, 1994
Volume 773, Page 3237   View pdf image
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