Ch. 351                                    1995 LAWS OF MARYLAND

(d) Notwithstanding any other provision of the Code or the Maryland Rules, a
statement of charges for an offense allegedly committed in the course of executing the
officer's [law enforcement] OR PERSONNEL'S OFFICIAL duties may not be filed against
a law enforcement officer OR SCHOOL PERSONNEL until the State's Attorney has
investigated the circumstances of the matter and made recommendations to the District
Court Commissioner in accordance with subsection (e) of this section.

(e) This section may not be construed to preclude the State's Attorney from
making a determination that an information should be filed against a law enforcement
officer OR SCHOOL PERSONNEL or that a grand jury should be convened to determine
whether an indictment should be filed.

Article—Education

6-202.1.

NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, ANY CRIMINAL
CHARGES AGAINST A TEACHER, PRINCIPAL, SUPERVISOR, OR OTHER
ADMINISTRATOR OF A PUBLIC OR PRIVATE SCHOOL FOR AN OFFENSE ALLEGEDLY
COMMITTED IN THE COURSE OF EXECUTING OFFICIAL DUTIES SHALL BE BROUGHT
IN ACCORDANCE WITH § 2-608 OF THE COURTS ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed only prospectively and may not be applied or interpreted to have any effect on
or application to offenses occurring before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

(a) (1) In this section the following words have the meanings indicated.

(2)     "Charging document" means a written accusation alleging that a defendant
has committed an offense.

(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) "EDUCATOR" MEANS A PRINCIPAL, VICE-PRINCIPAL, TEACHER, OR
TEACHER'S AIDE AT A PUBLIC OR PRIVATE PRESCHOOL, ELEMENTARY. OR SECONDARY
SCHOOL.

[(4)](5) "Indictment" means a charging document returned by a grand jury
and filed in circuit court.

[(5)](6) "Information" means a charging document filed in court by a State's
Attorney.

[(6)](7) "Offense" means a violation of the criminal laws of the State or any
political subdivision of the State.

- 2366 -