Ch. 5

2003 LAWS OF MARYLAND

(III) AN INVESTIGATOR OF THE INTERNAL INVESTIGATIVE UNIT OF
THE DEPARTMENT.

(3) "POLICE OFFICER" DOES NOT INCLUDE:

(I)      AN INDIVIDUAL WHO SERVES AS A POLICE OFFICER ONLY
BECAUSE THE INDIVIDUAL OCCUPIES ANOTHER OFFICE OR POSITION;

(II)     A SHERIFF, THE SECRETARY OF STATE POLICE, A
COMMISSIONER OF POLICE, A DEPUTY OR ASSISTANT COMMISSIONER OF POLICE, A
CHIEF OF POLICE, A DEPUTY OR ASSISTANT CHIEF OF POLICE, OR ANOTHER
INDIVIDUAL WITH AN EQUIVALENT TITLE WHO IS APPOINTED OR EMPLOYED BY A
GOVERNMENT TO EXERCISE EQUIVALENT SUPERVISORY AUTHORITY; OR

(III)   A MEMBER OF THE MARYLAND NATIONAL GUARD WHO:

1.       IS UNDER THE CONTROL AND JURISDICTION OF THE
MILITARY DEPARTMENT;

2.       IS ASSIGNED TO THE MILITARY PROPERTY DESIGNATED
AS THE GLENN L. MARTIN STATE AIRPORT; AND

3.       IS CHARGED WITH EXERCISING POLICE POWERS IN AND
FOR THE GLENN L. MARTIN STATE AIRPORT.

REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 41, § 4-201(a)(8)(i), (iii), and the first
and second sentences of (ii).

In the introductory language of paragraph (1) and in paragraph (3)(ii) of
this subsection, the reference to an "individual" is substituted for the
former reference to a "person" because only an individual, and not the
other entities included in the defined term "person", can be a member of a
law enforcement agency or can be appointed or employed by a government
to exercise supervisory authority. See § 1-101 of this article for the
definition of "person".

In paragraph (1)(ii)4 of this subsection, the reference to a "municipal
corporation" is substituted for the former reference to an "incorporated city
or town" to conform to Md. Constitution, Art. XI-E.

In paragraph (1)(ii)6 of this subsection, the former reference to the
"Maryland Port Administration Police Force of the Department of
Transportation" is deleted as unnecessary because this police force has
been consolidated into the Maryland Transportation Authority Police.

Paragraph (1)(ii)7 of this subsection is revised to reflect the proper name of
the University System of Maryland and to indicate that each
college/university in the University System of Maryland has a separate
police force.

In paragraph (1)(ii)9 of this subsection, the reference to the sheriff's
"office" is substituted for the former reference to the sheriff's "department"

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