PARRIS N. GLENDENING, Governor

Ch.31

(1) IF THE STATE PROSECUTOR FINDS THAT NO VIOLATIONS OF
CRIMINAL LAW HAVE OCCURRED OR THE STATE PROSECUTOR DOES NOT
RECOMMEND PROSECUTION, THE STATE PROSECUTOR SHALL REPORT THE
FINDINGS TO THE PERSON REQUESTING THE INVESTIGATION.

(2) IF THE GENERAL ASSEMBLY REQUESTED THE INVESTIGATION, THE
REPORT SHALL BE MADE TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE HOUSE OF DELEGATES.

(3) AT THE REQUEST OF THE PERSON WHO WAS THE SUBJECT OF THE
INVESTIGATION, THE REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC AS SOON
AS POSSIBLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 10, § 33B(d) and (f).

9-1205. PROSECUTIONS.

(A) IN GENERAL.

(1) IF WITHIN 45 DAYS AFTER RECEIPT OF THE STATE PROSECUTOR'S
FINDINGS AND RECOMMENDATIONS THE STATE'S ATTORNEY FAILS TO FILE
CHARGES AND COMMENCE PROSECUTION IN ACCORDANCE WITH THE
RECOMMENDATIONS, THE STATE PROSECUTOR MAY PROSECUTE THOSE CRIMINAL
OFFENSES AS SET FORTH IN THE INVESTIGATIVE REPORT AND RECOMMENDATIONS.

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, THE
STATE PROSECUTOR MAY IMMEDIATELY PROSECUTE CRIMINAL OFFENSES SET
FORTH IN THE INVESTIGATIVE REPORT AND RECOMMENDATIONS IF ALLEGED TO
HAVE BEEN COMMITTED BY THE STATE'S ATTORNEY HAVING JURISDICTION OVER
THE MATTER.

(B) APPEALS AND POST CONVICTION PROCEEDINGS.

(1) THE STATE PROSECUTOR SHALL REPRESENT THE STATE IN ALL
APPEALS AND POST CONVICTION PROCEEDINGS ARISING FROM PROSECUTIONS
CONDUCTED BY THE STATE PROSECUTOR.

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, THE
ATTORNEY GENERAL MAY REPRESENT THE STATE OR ASSIST THE STATE
PROSECUTOR ON THE REQUEST OF THE STATE PROSECUTOR OR AS REQUIRED BY
LAW IN ANY APPEAL OR COLLATERAL PROCEEDING DESCRIBED IN PARAGRAPH (1)
OF THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 10, § 33B(e) and (1).

9-1206. POWERS AND DUTIES FOR INVESTIGATIONS AND PROSECUTIONS.

IN THE INVESTIGATION OF ANY CASE AS PROVIDED IN § 9-1203 OF THIS
SUBTITLE OR THE PROSECUTION OF ANY CASE AS PROVIDED IN § 9-1205 OF THIS

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