Ch. 5

2003 LAWS OF MARYLAND

In the introductory language of subsection (b)(1) of this section, the
reference to "law enforcement agency" rules and regulations is substituted
for the former reference to "departmental" rules and regulations for
consistency with terminology used throughout this subtitle.

Defined terms: "Chief" § 3-101
"Hearing" § 3-101
"Hearing board" § 3-101
"Law enforcement officer" § 3-101

3-112. EMERGENCY SUSPENSION.

(A)     AUTHORIZED.

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

(B)     IMPOSITION — WITH PAY.

(1)      THE CHIEF MAY IMPOSE EMERGENCY SUSPENSION WITH PAY IF IT
APPEARS THAT THE ACTION IS IN THE BEST INTEREST OF THE PUBLIC AND THE LAW
ENFORCEMENT AGENCY.

(2)      IF THE LAW ENFORCEMENT OFFICER IS SUSPENDED WITH PAY, THE
CHIEF MAY SUSPEND THE POLICE POWERS OF THE LAW ENFORCEMENT OFFICER
AND REASSIGN THE LAW ENFORCEMENT OFFICER TO RESTRICTED DUTIES PENDING:

(I)      A DETERMINATION BY A COURT WITH RESPECT TO A CRIMINAL
VIOLATION; OR

(II)     A FINAL DETERMINATION BY A HEARING BOARD WITH
RESPECT TO A LAW ENFORCEMENT AGENCY VIOLATION.

(3)      A LAW ENFORCEMENT OFFICER WHO IS SUSPENDED UNDER THIS
SUBSECTION IS ENTITLED TO A PROMPT HEARING.

(C)     SAME — WITHOUT PAY.

(1)      IF A LAW ENFORCEMENT OFFICER IS CHARGED WITH A FELONY, THE
CHIEF MAY IMPOSE AN EMERGENCY SUSPENSION OF POLICE POWERS WITHOUT PAY.

(2)      A LAW ENFORCEMENT OFFICER WHO IS SUSPENDED UNDER
PARAGRAPH (1) OF THIS SUBSECTION IS ENTITLED TO A PROMPT HEARING.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 734A(2), (3), and, as it related to emergency
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.

In subsection (b)(2)(i) of this section, the former reference to a court "of
competent jurisdiction" is deleted as surplusage.

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