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Ch. 26
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2002 LAWS OF MARYLAND
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IF ACTION IS TAKEN UNDER THE AUTHORITY GRANTED IN THIS SECTION,
NOTIFICATION OF AN INVESTIGATION OR ENFORCEMENT ACTION SHALL BE MADE:
(1) IN A MUNICIPAL CORPORATION, TO THE CHIEF OF POLICE OR
DESIGNEE OF THE CHIEF OF POLICE;
(2) IN A COUNTY THAT HAS A COUNTY POLICE DEPARTMENT, TO THE
CHIEF OF POLICE OR DESIGNEE OF THE CHIEF OF POLICE;
(3) IN A COUNTY WITHOUT A POLICE DEPARTMENT, TO THE SHERIFF OR
DESIGNEE OF THE SHERIFF;
(4) IN BALTIMORE CITY, TO THE POLICE COMMISSIONER OR THE POLICE
COMMISSIONER'S DESIGNEE; AND
(5) ON PROPERTY OWNED, LEASED, OR OPERATED BY OR UNDER THE
CONTROL OF THE MARYLAND TRANSPORTATION AUTHORITY, THE MARYLAND
AVIATION ADMINISTRATION, OR THE MARYLAND PORT ADMINISTRATION, TO THE
RESPECTIVE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE.
(C) IMMUNITIES AND EXEMPTIONS FOR OFFICERS.
WHEN ACTING UNDER THE AUTHORITY GRANTED IN THIS SECTION, A LAW
ENFORCEMENT OFFICER:
(1) IN ADDITION TO ANY OTHER IMMUNITIES AND EXEMPTIONS TO
WHICH THE OFFICER MAY BE ENTITLED, HAS THE IMMUNITIES FROM LIABILITY AND
EXEMPTIONS ACCORDED TO A LAW ENFORCEMENT OFFICER OF THE DEPARTMENT
OF STATE POLICE; BUT
(2) REMAINS AN EMPLOYEE OF THE OFFICER'S EMPLOYING AGENCY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 298(f).
In subsection (a)(1) of this section, the reference allowing law enforcement
officers to investigate and otherwise enforce "this title" is substituted for
the former obsolete reference to "the provisions of [Art. 27,] §§ 276 through
302 of this article" to apply to all sections of this title, including those that
were enacted after the enactment of former § 298(e). When former § 298(e)
was enacted by Ch. 403 of the Laws of 1970, the controlled dangerous
substances subheading included only former §§ 276 through 302.
Also in subsection (a)(1) of this section, the reference to a "municipal
corporation" is substituted for the former reference to "municipality" to
conform to the terminology used in Md. Constitution, Art. XI-E. Similarly,
in subsection (b)(1) of this section, the reference to "municipal corporation"
is substituted for the former reference to "incorporated municipality".
In subsection (c)(2) of this section, the former reference to law enforcement
officers "at all times and for all purposes" remaining employees of their
respective employing agency is deleted as surplusage.
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- 472 -
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