[(5)] (6) "Indictment" means a charging document returned by a grand
jury and filed in circuit court.
[(6)] (7) "Information" means a charging document filed in court by a
State's Attorney.
[(7)] (8) "Offense" means a violation of the criminal laws of the State or
any political subdivision of the State.
[(8)] (9) "Statement of charges" means a charging document, other than
a citation, filed in District Court by a peace officer, a District Court Judge, or a
District Court Commissioner.
[(9)] (10) "Law enforcement officer" means a law enforcement officer as
defined 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
charges be filed against a law enforcement officer, EMERGENCY SERVICES
PERSONNEL, or an educator for an offense allegedly committed in the course of
executing the duties of the law enforcement officer, EMERGENCY SERVICES
PERSONNEL, or educator shall immediately be forwarded to the State's Attorney.
(c) (1) Upon receiving an application filed in District Court requesting that
a statement of charges be filed against a law enforcement officer, EMERGENCY
SERVICES PERSONNEL, or an educator, 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 charges should be filed against the law enforcement officer,
EMERGENCY SERVICES PERSONNEL, or the educator.
(2) If the State's Attorney recommends to a District Court Commissioner
that a statement of charges be filed against a law enforcement officer. EMERGENCY
SERVICES PERSONNEL, or an educator, the State's Attorney shall also make a
recommendation as to whether a summons or warrant should issue.
(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
duties of the law-enforcement officer, EMERGENCY SERVICES PERSONNEL, or the
educator may not be filed against a law enforcement officer, EMERGENCY SERVICES
PERSONNEL, or educator until the State's Attorney has investigated the
circumstances of the matter and made recommendations to the District Court
Commissioner in accordance with subsection (c) 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, EMERGENCY SERVICES PERSONNEL, or an educator or that a
grand jury should be convened to determine whether an indictment should be filed.
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