ROBERT L. EHRLICH, JR., Governor

Ch. 5

3-111. SUMMARY PUNISHMENT.

(A)     AUTHORIZED.

THIS SUBTITLE DOES NOT PROHIBIT SUMMARY PUNISHMENT BY HIGHER
RANKING LAW ENFORCEMENT OFFICERS AS DESIGNATED BY THE CHIEF.

(B)     IMPOSITION.

(1)      SUMMARY PUNISHMENT MAY BE IMPOSED FOR MINOR VIOLATIONS
OF LAW ENFORCEMENT AGENCY RULES AND REGULATIONS IF:

(I)      THE FACTS THAT CONSTITUTE THE MINOR VIOLATION ARE NOT
IN DISPUTE;

(II)     THE LAW ENFORCEMENT OFFICER WAIVES THE HEARING
PROVIDED UNDER THIS SUBTITLE; AND

(III)   THE LAW ENFORCEMENT OFFICER ACCEPTS THE PUNISHMENT
IMPOSED BY THE HIGHEST RANKING LAW ENFORCEMENT OFFICER, OR INDIVIDUAL
ACTING IN THAT CAPACITY, OF THE UNIT TO WHICH THE LAW ENFORCEMENT
OFFICER IS ATTACHED.

(2)      SUMMARY PUNISHMENT IMPOSED UNDER THIS SUBSECTION MAY
NOT EXCEED SUSPENSION OF 3 DAYS WITHOUT PAY OR A FINE OF $150.

(C)     REFUSAL.

(1)      IF A LAW ENFORCEMENT OFFICER IS OFFERED SUMMARY
PUNISHMENT IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION AND
REFUSES:

(I)      THE CHIEF MAY CONVENE A HEARING BOARD OF ONE OR MORE
MEMBERS; AND

(II)     THE HEARING BOARD HAS ONLY THE AUTHORITY TO
RECOMMEND THE SANCTIONS PROVIDED IN THIS SECTION FOR SUMMARY
PUNISHMENT.

(2)      IF A SINGLE MEMBER HEARING BOARD IS CONVENED:

(I)      THE MEMBER NEED NOT BE OF THE SAME RANK AS THE LAW
ENFORCEMENT OFFICER; BUT

(II)     ALL OTHER PROVISIONS OF THIS SUBTITLE APPLY.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 727(d)(3) and (f) and 734A(1) and, as it
related to summary suspension, the first sentence of § 734A.

In subsection (a) of this section, the defined term "chief" is substituted for
the former reference to the "head of a law enforcement agency" for
consistent use of the defined term throughout this subtitle.

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