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Session Laws, 1995
Volume 793, Page 667   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 10

4. WHETHER ONE OF THE PARTIES ACTED IN

SELF DEFENSE; AND

5. ANY OTHER FACTOR THAT INDICATES THAT A PERSON IS
A PRIMARY PHYSICAL AGGRESSOR.

[772.

When a law enforcement officer responds to a 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 Department of State Police and, on request, to the victim
without a subpoena.]

772.

(A)     WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A REPORT OF AN
INCIDENT OF DOMESTIC VIOLENCE, THE OFFICER SHALL CONDUCT A PERSONAL
INTERVIEW WITH THE VICTIM AND PREPARE A COMPLETE OFFENSE REPORT
INCLUDING THE OFFICER'S DISPOSITION OF THE CASE.

(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 OF EACH REPORTED INCIDENT OF DOMESTIC VIOLENCE 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

(2) REPORTED TO THE DEPARTMENT OF STATE POLICE.

- 667 -

 

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Session Laws, 1995
Volume 793, Page 667   View pdf image
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