Ch. 31
1997 LAWS OF MARYLAND
(II) CRIMINAL OFFENSES UNDER THE STATE PUBLIC ETHICS LAW;
(III) VIOLATIONS OF THE STATE BRIBERY LAWS IN WHICH AN
OFFICIAL OR EMPLOYEE OF THE STATE OR OF A POLITICAL SUBDIVISION OF THE
STATE OR OF ANY BICOUNTY OR MULTICOUNTY AGENCY OF THE STATE WAS THE
OFFEROR, OFFEREE, OR INTENDED OFFEROR OR OFFEREE OF A BRIBE;
(IV) OFFENSES CONSTITUTING CRIMINAL MALFEASANCE,
MISFEASANCE, OR NONFEASANCE IN OFFICE COMMITTED BY AN OFFICER OR
EMPLOYEE OF THE STATE OR OF A POLITICAL SUBDIVISION OF THE STATE OR OF
ANY BICOUNTY OR MULTICOUNTY AGENCY OF THE STATE; AND
(V) VIOLATIONS OF THE STATE EXTORTION, PERJURY, AND
OBSTRUCTION OF JUSTICE LAWS RELATED TO ANY ACTIVITY DESCRIBED IN
SUBPARAGRAPHS (I) THROUGH (IV) OF THIS PARAGRAPH.
(2) ANY PERSON WHO IS ADVISED BY THE STATE PROSECUTOR THAT
THE PERSON IS UNDER INVESTIGATION UNDER PARAGRAPH (1)(IV) OF THIS
SUBSECTION MAY RELEASE TO THE PUBLIC THIS INFORMATION, INCLUDING ANY
RESULTS PERTAINING TO THE PERSON.
(B) BY REQUEST ONLY.
AT THE REQUEST OF EITHER THE GOVERNOR, ATTORNEY GENERAL,
GENERAL ASSEMBLY, OR A STATE'S ATTORNEY, THE STATE PROSECUTOR MAY
INVESTIGATE CRIMINAL ACTIVITY THAT IS CONDUCTED OR COMMITTED PARTLY IN
THIS STATE AND PARTLY IN ANOTHER JURISDICTION, OR THAT IS CONDUCTED OR
COMMITTED IN MORE THAN ONE POLITICAL SUBDIVISION OF THE STATE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 10, § 33B(b) and (c).
In subsection (a)(2) of this section, the former phrase "at his discretion" is
deleted as surplusage in light of the phrase "may release" which implies that it
is at his discretion.
9-1204. REPORTS.
(A) REPORTS OF ALLEGED VIOLATIONS.
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF
THE STATE PROSECUTOR FINDS THAT AN ALLEGED VIOLATION OF THE CRIMINAL
LAW SET FORTH IN § 9-1203 OF THIS SUBTITLE HAS OCCURRED, THE STATE
PROSECUTOR SHALL MAKE A CONFIDENTIAL REPORT OF THE FINDINGS TOGETHER
WITH ANY RECOMMENDATIONS FOR PROSECUTION TO THE ATTORNEY GENERAL
AND THE STATE'S ATTORNEY HAVING JURISDICTION TO PROSECUTE THE MATTER.
(2) A REPORT AND RECOMMENDATIONS CONTAINING ALLEGATIONS
OF OFFENSES COMMITTED BY A STATE'S ATTORNEY ARE NOT REQUIRED TO BE
MADE TO THAT STATE'S ATTORNEY.
(B) REPORTS OF NO VIOLATION OR NO RECOMMENDATION FOR
PROSECUTION.
- 660 -
|