ROBERT L. EHRLICH, JR., Governor

Ch. 5

FOR PURPOSES OF THIS SECTION, THE INVESTIGATING OFFICER OR
INTERROGATING OFFICER SHALL BE:

(1)      A SWORN LAW ENFORCEMENT OFFICER; OR

(2)      IF REQUESTED BY THE GOVERNOR, THE ATTORNEY GENERAL OR
ATTORNEY GENERAL'S DESIGNEE.

(C)     COMPLAINT THAT ALLEGES BRUTALITY.

(1)      A COMPLAINT AGAINST A LAW ENFORCEMENT OFFICER THAT
ALLEGES BRUTALITY IN THE EXECUTION OF THE LAW ENFORCEMENT OFFICER'S
DUTIES MAY NOT BE INVESTIGATED UNLESS THE COMPLAINT IS SWORN TO, BEFORE
AN OFFICIAL AUTHORIZED TO ADMINISTER OATHS, BY:

(I)      THE AGGRIEVED INDIVIDUAL;

(II)     A MEMBER OF THE AGGRIEVED INDIVIDUAL'S IMMEDIATE
FAMILY;

(III)   AN INDIVIDUAL WITH FIRSTHAND KNOWLEDGE OBTAINED
BECAUSE THE INDIVIDUAL WAS PRESENT AT AND OBSERVED THE ALLEGED
INCIDENT; OR

(IV)    THE PARENT OR GUARDIAN OF THE MINOR CHILD, IF THE
ALLEGED INCIDENT INVOLVES A MINOR CHILD.

(2)      UNLESS A COMPLAINT IS FILED WITHIN 90 DAYS AFTER THE
ALLEGED BRUTALITY, AN INVESTIGATION THAT MAY LEAD TO DISCIPLINARY ACTION
UNDER THIS SUBTITLE FOR BRUTALITY MAY NOT BE INITIATED AND AN ACTION MAY
NOT BE TAKEN.

(D)     DISCLOSURES TO LAW ENFORCEMENT OFFICER UNDER INVESTIGATION.

(1)      THE LAW ENFORCEMENT OFFICER UNDER INVESTIGATION SHALL
BE INFORMED OF THE NAME, RANK, AND COMMAND OF:

(I)      THE LAW ENFORCEMENT OFFICER IN CHARGE OF THE
INVESTIGATION;

(II)     THE INTERROGATING OFFICER; AND

(III)   EACH INDIVIDUAL PRESENT DURING AN INTERROGATION.

(2)      BEFORE AN INTERROGATION, THE LAW ENFORCEMENT OFFICER
UNDER INVESTIGATION SHALL BE INFORMED IN WRITING OF THE NATURE OF THE
INVESTIGATION.

(E)     DISCLOSURES TO LAW ENFORCEMENT OFFICER UNDER ARREST.

IF THE LAW ENFORCEMENT OFFICER UNDER INTERROGATION IS UNDER
ARREST, OR IS LIKELY TO BE PLACED UNDER ARREST AS A RESULT OF THE

- 127 -