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Session Laws, 2004
Volume 801, Page 3061   View pdf image
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ROBERT L. EHRLICH, JR., Governor                           H.B. 457

(j) If action is taken under the authority granted in subsection (i) of this
section, notification of an investigation:

(1)     in a municipal corporation, shall be made to the chief of police or
designee of the chief of police;

(2)     in a county that has a county police department, shall be made to the
chief of police or designee of the chief of police;

(3)     in a county without a police department, shall be made to the sheriff
or designee of the sheriff;

(4)     in Baltimore City, shall be made 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, shall be made to the respective chief of police or the
chiefs designee.

(k) When acting under the authority granted in subsection (h) or (i) of 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.

(L) (1) A STATE'S ATTORNEY OR THE ATTORNEY GENERAL MAY
INVESTIGATE AND PROSECUTE A VIOLATION OF THIS SECTION OR A VIOLATION OF
ANY CRIME BASED ON THE ACT ESTABLISHING A VIOLATION OF THIS SECTION.

(2) IF THE ATTORNEY GENERAL EXERCISES AUTHORITY UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE ATTORNEY GENERAL HA
S ALL THE
POWERS AND DUTIES OF A STATE'S ATTORNEY, INCLUDING THE USE OF A GRAND
JURY IN ANY COUNTY OR BALTIMORE CITY, TO INVESTIGATE AND PROSECUTE THE
VIOLATION.

(L) (1) A STATE'S ATTORNEY OR THE ATTORNEY GENERAL MAY
INVESTIGATE AND PROSECUTE A VIOLATION OF THIS SECTION OR A VIOLATION OF
ANY CRIME BASED ON THE ACT ESTABLISHING A VIOLATION OF THIS SECTION.

(2) IF THE ATTORNEY GENERAL EXERCISES AUTHORITY UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE ATTORNEY GENERAL HAS ALL THE
POWERS AND DUTIES OF A STATE'S ATTORNEY, INCLUDING THE USE OF A GRAND
JURY IN ANY COUNTY OR BALTIMORE CITY, TO INVESTIGATE AND PROSECUTE THE
VIOLATION.

(M) (L) (M) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
PROSECUTION OF A VIOLATION OF THIS SECTION OR FOR A VIOLATION OF ANY
CRIME BASED ON THE ACT ESTABLISHING FOR A VIOLATION OF THIS
SECTION OR
FOR THE COMMISSION OF A CRIME ARISING OUT OF
OF A VIOLATION OF THIS

- 3061 -

 

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Session Laws, 2004
Volume 801, Page 3061   View pdf image
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