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Session Laws, 1995
Volume 793, Page 2365   View pdf image
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PARRIS N. GLENDENING, Governor                             Ch. 351

(3)    "Citation" means a charging document, other than an indictment, an
information, or a statement of charges, issued to a defendant by a peace officer or other
person authorized by law to do so.

(4)    "Indictment" means a charging document returned by a grand jury and
fil
ed in circuit court.

(5) "Information" means a charging document filed in court by a State's
Attorn
ey.

(6) "Offense" means a violation of the criminal laws of the State or any
political subdivision of th
e State.

(7) "SCHOOL" MEANS A PUBLIC SCHOOL IN THE ELEMENTARY AND
SECONDARY EDUCATION SYSTEMS IN THIS STATE, INCLUDING PRESCHOOL
THROUGH THE HIGH
SCHOOL LEVEL.

(8) "SCHOOL PERSONNEL" MEANS!

(I) A TEACHER IN A PUBLIC OR PRIVATE SCHOOL; OR

(II) A PRINCIPAL, SUPERIOR, OR OTHER ADMINISTRATOR OF A
PUBLIC OR PRIVATE SCHOOL.

[(7)](9) "Statement of charges" means a charging document, other than a
citation, filed in District Court by a p
eace officer, a District Court Judge, or a District
Court Commissioner.

[(8)] (10) "Law enforcement officer" means a law enforcement officer as
defin
ed in Article 27, § 727(b) of the Code or any federal law enforcement officer who
exercises the powers set forth in Article 27, § 594B(h) of the Code.

(b) An application filed in the District Court that requests that a statement of
charge
s be filed against a law enforcement officer OR SCHOOL PERSONNEL for an
offen
se allegedly committed in the course of executing the officer's [law enforcement]
OR SCHOOL PERSONNEL'S OFFICIAL duties shall immediately bo forwarded to the
State's Attorney.

(c) (1) Upon receiving an application filed in District Court requesting that a
stat
ement of charges be filed against a law enforcement officer OR SCHOOL PERSONNEL,
the State'
s Attorney shall:

(i) Investigate the circumstances of the matter; and

(ii) Make a recommendation to the District Court Commissioner as to
whether a statement of charge
s should be filed against the law enforcement officer OR
SCHOOL PER
SONNEL.

(2) If the State's Attorney recommends to a District Court Commissioner
that a statement of charges be filed against a law enforcement officer OR SCHOOL
PERSONNEL, the State's Attorney shall also make a r
ecommendation as to whether a
summons or warrant should issue.

- 2365 -

 

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Session Laws, 1995
Volume 793, Page 2365   View pdf image
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