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Session Laws, 2003
Volume 799, Page 124   View pdf image
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Ch. 5

2003 LAWS OF MARYLAND

City" is deleted as surplusage in light of the article-wide definition of
"county" in § 1-101 of this article.

In paragraph (1)(ii)11, 15, 16, 17, and 19 of this subsection, the reference to
the police "force[s]" is substituted for the former reference to police
"officers" for internal consistency in this paragraph in referring to law
enforcement agencies.

In paragraph (1)(ii)18 of this subsection, the reference to the police "forces"
of the University System of Maryland is substituted for the former
reference to police "officers" to indicate that each college/university in the
University System of Maryland has a separate police force.

In paragraph (1)(ii)20 of this subsection, the former reference to a
"full-time investigative and inspection assistant" is deleted for accuracy.
These individuals do not have arrest powers.

In paragraph (2)(iv) of this subsection, the reference to initial entry into
the "law enforcement agency" is substituted for the former reference to
initial entry into the "Department" because this provision is not limited to
officers who are entering a particular police department, but covers
officers entering any law enforcement agency listed in paragraph (1)(ii) of
this subsection.

Defined term: "County" § 1-101
3-102. EFFECT OF SUBTITLE.

(A)     CONFLICTING LAW SUPERSEDED.

EXCEPT FOR THE ADMINISTRATIVE HEARING PROCESS UNDER TITLE 3,
SUBTITLE 2 OF THIS ARTICLE THAT RELATES TO THE CERTIFICATION ENFORCEMENT
POWER OF THE POLICE TRAINING COMMISSION, THIS SUBTITLE SUPERSEDES ANY
OTHER LAW OF THE STATE, A COUNTY, OR A MUNICIPAL CORPORATION THAT
CONFLICTS WITH THIS SUBTITLE.

(B)     PREEMPTION OF LOCAL LAW.

ANY LOCAL LAW IS PREEMPTED BY THE SUBJECT AND MATERIAL OF THIS
SUBTITLE.

(C)     AUTHORITY OF CHIEF NOT LIMITED.

THIS SUBTITLE DOES NOT LIMIT THE AUTHORITY OF THE CHIEF TO REGULATE
THE COMPETENT AND EFFICIENT OPERATION AND MANAGEMENT OF A LAW
ENFORCEMENT AGENCY BY ANY REASONABLE MEANS INCLUDING TRANSFER AND
REASSIGNMENT IF:

(1)      THAT ACTION IS NOT PUNITIVE IN NATURE; AND

(2)     THE CHIEF DETERMINES THAT ACTION TO BE IN THE BEST
INTERESTS OF THE INTERNAL MANAGEMENT OF THE LAW ENFORCEMENT AGENCY.

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Session Laws, 2003
Volume 799, Page 124   View pdf image
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