reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Safety › Title 2 - Department of State Police › Subtitle 7 - Vehicle Theft Prevention Council and Vehicle Theft Prevention Fund › Section 2-703 - Vehicle Theft Prevention Fund

(a)    There is a Vehicle Theft Prevention Fund.
(b)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(2)    The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(c)    The Fund consists of:
(1)    money received by the Fund under § 17-106 of the Transportation Article;
(2)    money received by the Council or the Fund from any source; and
(3)    investment earnings of the Fund.
(d)    The money of the Fund shall be invested in the same manner as other State money.
(e)    The Council shall spend money in the Fund in the following order of priority:
(1)    to pay the expenses of the Council; and
(2)    to carry out the purposes of this subtitle.
(f)    When making grants from the Fund, the Council shall consider and prioritize the following entities and programs:
(1)    State and local law enforcement agencies:
(i)    to enhance vehicle theft enforcement and prevention teams or efforts; and
(ii)    for programs designed to reduce the incidence of vehicle theft;
(2)    local prosecutors and judicial agencies, for enhanced prosecution and adjudication of vehicle theft crime;
(3)    neighborhood, community, or business organizations, for programs designed to reduce the incidence of vehicle theft;
(4)    educational programs designed to inform motor vehicle owners of methods to prevent motor vehicle theft and to provide equipment, for experimental purposes, to enable motor vehicle owners to prevent motor vehicle theft;
(5)    programs designed to reduce the incidence of vehicle theft and recidivism by juveniles; and
(6)    programs designed to reduce or deter damage or vandalism to vehicles in connection with vehicle theft or theft of property from vehicles.
(g)    To the extent practicable, the Council shall allocate grants made under this subtitle among the subdivisions of the State on a pro rata basis determined by the total number of vehicles registered in each subdivision divided by the total number of vehicles registered in the State.
(h)    (1)    Expenditures from the Fund may be made only:
(i)    in accordance with the State budget; or
(ii)    by the budget amendment procedure as provided in § 7-209 of the State Finance and Procurement Article, if at least 45 days have passed since the budget amendment and supporting information were submitted to the budget committees for their review and comment.
(2)    The proposed budget and any budget amendment submitted to the General Assembly shall include an itemized list of each grant and other expenditure from the Fund to be made in the fiscal year.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Administratively charged” means that a police officer has been formally accused of misconduct in an administrative proceeding.
(c)    “Disciplinary matrix” means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of misconduct.
(d)    “Exonerated” means that a police officer acted in accordance with the law and agency policy.
(e)    “Law enforcement agency” has the meaning stated in § 3–201 of this title.
(f)    “Not administratively charged” means that a determination has been made not to administratively charge a police officer in connection with alleged misconduct.
(g)    “Police misconduct” means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:
(1)    depriving persons of rights protected by the constitution or laws of the State or the United States;
(2)    a violation of a criminal statute; and
(3)    a violation of law enforcement agency standards and policies.
(h)    “Police officer” has the meaning stated in § 3–201 of this title.
(i)    “Serious physical injury” has the meaning stated in § 3–201 of the Criminal Law Article.
(j)    “Superior governmental authority” means the governing body that oversees a law enforcement agency.
(k)    “Unfounded” means that the allegations against a police officer are not supported by fact.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-102 - County Police Accountability Board -- Purpose -- Local Governing Body -- Complaint of Police Misconduct -- Forwarded to Law Enforcement Agency

(a)    Each county shall have a police accountability board to:
(1)    hold quarterly meetings with heads of law enforcement agencies and otherwise work with law enforcement agencies and the county government to improve matters of policing;
(2)    appoint civilian members to charging committees and trial boards;
(3)    receive complaints of police misconduct filed by members of the public; and
(4)    (i)    on a quarterly basis, review outcomes of disciplinary matters considered by charging committees; and
(ii)    on or before December 31 each year, submit a report to the governing body of the county that:
1.    identifies any trends in the disciplinary process of police officers in the county; and
2.    makes recommendations on changes to policy that would improve police accountability in the county.
(b)    (1)    (i)    Subject to subparagraph (ii) of this paragraph,  the local governing body shall:
1.    establish the membership of a police accountability board;
2.    establish the budget and staff for a police accountability board;
3.    appoint a chair of the police accountability board who has relevant experience to the position; and
4.    establish the procedures for record keeping by a police accountability board.
(ii)    An active police officer may not be a member of a police accountability board.
(2)    To the extent practicable, the membership of a police accountability board shall reflect the racial, gender, and cultural diversity of the county.
(c)    (1)    A complaint of police misconduct filed with a police accountability board shall include:
(i)    the name of the police officer accused of misconduct;
(ii)    a description of the facts on which the complaint is based; and
(iii)    contact information of the complainant or a person filing on behalf of the complainant for investigative follow–up.
(2)    A complaint need not be notarized.
(d)    A complaint of police misconduct filed with a police accountability board shall be forwarded to the appropriate law enforcement agency within 3 days after receipt by the board.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-103 - Complaint Filed With Employing Entity -- Items Included

(a)    An individual may file a complaint of police misconduct with the law enforcement agency that employs the police officer who is the subject of the complaint.
(b)    (1)    A complaint of police misconduct filed with a law enforcement agency shall include:
(i)    the name of the police officer accused of misconduct;
(ii)    a description of the facts on which the complaint is based; and
(iii)    contact information of the complainant or a person filing on behalf of the complainant for investigative follow–up.
(2)    A complaint need not be notarized.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-105 - Model Uniform Disciplinary Matrix -- Adoption

(a)    The Maryland Police Training and Standards Commission shall develop and adopt, by regulation, a model uniform disciplinary matrix for use by each law enforcement agency in the State.
(b)    Each law enforcement agency shall adopt the uniform State disciplinary matrix for all matters that may result in discipline of a police officer.
(c)    (1)    Within 15 days after an administrative charging committee issues an administrative charge against a police officer, the chief of the law enforcement agency shall offer discipline to the police officer who has been administratively charged in accordance with the disciplinary matrix.
(2)    The chief may offer the same discipline that was recommended by the administrative charging committee or a higher degree of discipline within the applicable range of the disciplinary matrix, but may not deviate below the discipline recommended by the administrative charging committee.
(3)    If the police officer accepts the chief’s offer of discipline, then the offered discipline shall be imposed.
(4)    If the police officer does not accept the chief’s offer of discipline, then the matter shall be referred to a trial board.
(5)    At least 30 days before a trial board proceeding begins, the police officer shall be:
(i)    provided a copy of the investigatory record;
(ii)    notified of the charges against the police officer; and
(iii)    notified of the disciplinary action being recommended.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-107 - Emergency Suspensions -- Suspension Without Pay for Certain Charges -- Termination of Officer -- Required Tests of Officer

(a)    (1)    Pending an investigatory, administrative charging committee, and trial board process, the chief may impose an emergency suspension with or without pay if the chief determines that such a suspension is in the best interest of the public.
(2)    An emergency suspension without pay under this subsection may not exceed 30 days.
(3)    A police officer who is suspended without pay under this subsection is entitled to receive back pay if an administrative charging committee determines not to administratively charge the police officer in connection with the matter on which the suspension is based.
(b)    (1)    A chief or a chief’s designee may suspend a police officer without pay and suspend the police officer’s police powers on an emergency basis if the police officer is charged with:
(i)    a disqualifying crime, as defined in § 5–101 of this article;
(ii)    a misdemeanor committed in the performance of duties as a police officer; or
(iii)    a misdemeanor involving dishonesty, fraud, theft, or misrepresentation.
(2)    A police officer who was suspended without pay under this subsection is entitled to receive back pay if the  criminal charge or charges against the police officer result in:
(i)    a finding of not guilty;
(ii)    an acquittal;
(iii)    a dismissal; or
(iv)    a nolle prosequi.
(c)    (1)    The chief shall terminate the employment of a police officer who is convicted of a felony.
(2)    The chief may terminate the employment of a police officer who:
(i)    receives a probation before judgment for a felony; or
(ii)    is convicted of:
1.    a misdemeanor committed in the performance of duties as a police officer;
2.    misdemeanor second degree assault; or
3.    a misdemeanor involving dishonesty, fraud, theft, or misrepresentation.
(d)    (1)    In connection with a disciplinary matter under this subtitle, a police officer may be required to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
(2)    If a police officer is required to submit to a test, examination, or interrogation under paragraph (1) of this subsection and the police officer refuses to do so, the law enforcement agency may commence an action that may lead to a punitive measure as a result of the refusal.
(3)    (i)    If a police officer is required to submit to a test, examination, or interrogation  under paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the police officer.
(ii)    If a police officer is required to submit to a polygraph examination under paragraph (1) of this subsection, the results of the polygraph examination are not admissible or discoverable in a criminal or civil proceeding against the police officer.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-108 - Victims' Rights Advocates -- Database Maintained of Complainants

(a)    (1)    A law enforcement agency shall designate an employee as a victims’ rights advocate to act as the contact for the public within the agency on matters related to police misconduct.
(2)    A victims’ rights advocate shall:
(i)    explain to a complainant:
1.    the complaint, investigation, administrative charging committee, and trial board process;
2.    any decision to terminate an investigation;
3.    an administrative charging committee’s decision of administratively charged, not administratively charged, unfounded, or exonerated; and
4.    a trial board’s decision;
(ii)    provide a complainant with an opportunity to review a police officer’s statement, if any, before completion of an investigation by a law enforcement agency’s investigative unit;
(iii)    notify a complainant of the status of the case at every stage of the process; and
(iv)    provide a case summary to a complainant within 30 days after final disposition of the case.
(b)    Each law enforcement agency shall create a database that enables a complainant to enter the complainant’s case number to follow the status of the case as it proceeds through:
(1)    investigation;
(2)    charging;
(3)    offer of discipline;
(4)    trial board;
(5)    ultimate discipline; and
(6)    appeal.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-110 - Limits on Punishing Police Officer -- Right to Bring Suit -- Political Activity -- Secondary Employment

(a)    A police officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against or threatened in regard to the police officer’s employment because the police officer:
(1)    disclosed information that evidences:
(i)    mismanagement;
(ii)    a waste of government resources;
(iii)    a danger to public health or safety; or
(iv)    a violation of law or policy committed by another police officer; or
(2)    lawfully exercised constitutional rights.
(b)    A police officer may not be denied the right to bring suit arising out of the police officer’s official duties.
(c)    (1)    Subject to paragraph (2) of this subsection, a police officer has the same rights to engage in political activity as a State employee.
(2)    This right to engage in political activity does not apply when the police officer is on duty or acting in an official capacity.
(d)    (1)    Subject to paragraph (2) of this subsection, a law enforcement agency may not prohibit secondary employment by police officers.
(2)    A law enforcement agency may adopt reasonable regulations that relate to secondary employment by police officers.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-111 - Negation or Alteration Through Collective Bargaining Prohibited

(a)    A law enforcement agency may not negate or alter any of the requirements of this subtitle through collective bargaining.
(b)    Collective bargaining may not be used to establish or alter any aspect of the process for disciplining a police officer.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-112 - Destruction of Records Prohibited

A record relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record, a hearing record, and records relating to a disciplinary decision, may not be:
(1)    expunged; or
(2)    destroyed by a law enforcement agency.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 1 - Police Accountability and Discipline › Section 3-113 - Immediate Review of Complaint -- Review by Administrative Charging Committee -- Time Limit on Actions

(a)    The investigating unit of a law enforcement agency shall immediately review a complaint by a member of the public alleging police officer misconduct.
(b)    An administrative charging committee shall review and make a determination or ask for further review within 30 days after completion of the investigating unit’s review.
(c)    The process of review by the investigating unit through disposition by the administrative charging committee shall be completed within 1 year and 1 day after the filing of a complaint by a citizen.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-203 - Membership

(a)    The Commission consists of the following members:
(1)    the President of the Maryland Chiefs of Police Association;
(2)    the President of the Maryland Sheriffs Association;
(3)    the Attorney General of the State;
(4)    the Secretary of State Police;
(5)    the agent in charge of the Baltimore office of the Federal Bureau of Investigation;
(6)    one member representing the Maryland State Lodge of Fraternal Order of Police;
(7)    one member representing the Maryland State’s Attorneys’ Association;
(8)    the Chair of the Maryland Municipal League Police Executive Association;
(9)    the Police Commissioner of Baltimore City;
(10)    the President of the Police Chiefs’ Association of Prince George’s County;
(11)    a civilian representative from the Wor–Wic Program Advisory Committee – Criminal Justice; and
(12)    the following individuals, appointed by the Governor with the advice and consent of the Senate:
(i)    three police officers, representing different geographic areas of the State;
(ii)    one  civilian with expertise in community policing who does not have relationships to law enforcement;
(iii)    one  civilian with expertise in policing standards who does not have relationships to law enforcement;
(iv)    one  civilian with expertise in mental health  who does not have relationships to law enforcement; and
(v)    three citizens of the State who represent different geographic areas of the State and do not have relationships to law enforcement.
(b)    (1)    The term of an appointed member is 3 years.
(2)    The terms of the appointed members are staggered as required by the terms provided for members of the Commission on October 1, 2016.
(3)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.
(c)    Except for the appointed members, a member of the Commission may serve personally at a Commission meeting or may designate a representative from the member’s unit, agency, or association who may act at any meeting to the same effect as if the member were personally present.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-205 - Quorum; Meetings; Compensation; Records

(a)    A majority of the Commission is a quorum.
(b)    The Commission shall meet in the State at the times that it or its chairman determines.
(c)    A member of the Commission:
(1)    may not receive compensation as a member of the Commission; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    The Commission shall:
(1)    maintain minutes of its meetings and any other records that it considers necessary; and
(2)    provide information, on request, regarding the budget, activities, and programs of the Commission.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-206 - Staff

(a)    (1)    With the approval of the Governor, the Commission shall appoint an executive director.
(2)    The executive director shall perform general administrative and training management functions.
(3)    The executive director serves at the pleasure of the Commission.
(b)    (1)    The Commission shall appoint a deputy director and any other employees that the Commission considers necessary to perform general administrative and training management functions.
(2)    The deputy director and other employees appointed under paragraph (1) of this subsection shall serve at the pleasure of the Commission.
(c)    In accordance with the State budget, the Commission may set the compensation of:
(1)    the executive director and the deputy director; and
(2)    a Commission employee in a position that:
(i)    is unique to the Commission;
(ii)    requires specific skills or experience to perform the duties of the position; and
(iii)    does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
(d)    The Secretary of Budget and Management, in consultation with the Commission, shall determine the positions for which the Commission may set compensation under subsection (c) of this section.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-206.1 - Maryland Police Training and Standards Commission Fund

(a)    In this section, “Fund” means the Maryland Police Training and Standards Commission Fund.
(b)    There is a Maryland Police Training and Standards Commission Fund.
(c)    The purpose of the Fund is to provide funding for activities and training by the Commission.
(d)    The Department shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    revenue distributed to the Fund under § 7–301 of the Courts Article;
(2)    money appropriated in the State budget to the Fund;
(3)    interest earnings of the Fund; and
(4)    any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund may be used only to provide funding to the Commission.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
(i)    (1)    Expenditures from the Fund may be made only in accordance with the State budget.
(2)    Money distributed from the Fund shall be used to supplement, but not supplant, any other funding for the Commission.
(j)    The Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-209 - Certification of Police Officers

(a)    The Commission shall certify as a police officer each individual who:
(1)    (i)    satisfactorily meets the standards of the Commission; or
(ii)    provides the Commission with sufficient evidence that the individual has satisfactorily completed a training program in another state of equal quality and content as required by the Commission;
(2)    submits to a mental health screening by a licensed mental health professional;
(3)    submits to a physical agility assessment as determined by the Commission;
(4)    submits to a criminal history records check in accordance with § 3–209.1 of this subtitle; and
(5)    (i)    is a United States citizen; or
(ii)    subject to subsection (b) of this section, is a permanent legal resident of the United States and an honorably discharged veteran of the United States armed forces, provided that the individual has applied to obtain United States citizenship and the application is still pending approval.
(b)    The certification of a police officer who fails to obtain United States citizenship as required by subsection (a)(4)(ii) of this section shall be terminated by the Commission.
(c)    The Commission may certify as a police officer an individual who is not considered a police officer under § 3–201(f)(3) of this subtitle if the individual meets the selection and training standards of the Commission.
(d)    Each certificate issued to a police officer under this subtitle remains the property of the Commission.
(e)    As a condition of certification, a police officer shall submit to a mental health assessment every 2 years and an annual physical agility assessment to establish continuing fitness to carry out the officer’s assigned duties as a police officer.
(f)    Prior cannabis use is not a disqualifier for certification as a police officer.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-209.1 - State and National Criminal History Records Check

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Applicant” means an individual who is seeking certification as a police officer.
(3)    “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    An applicant for certification as a police officer shall apply to the Central Repository for a State and national criminal history records check.
(c)    As part of the application for a criminal history records check, an applicant shall submit to the Central Repository:
(1)    a complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)    the processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(d)    In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Commission and the applicant a printed statement of the applicant’s criminal history record information.
(e)    Information obtained from the Central Repository under this section:
(1)    shall be confidential;
(2)    may not be redisseminated; and
(3)    may be used only for the licensing purpose authorized by this title.
(f)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(g)    If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Commission a revised statement of the applicant’s or certified police officer’s State criminal history record.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-209.2 - Certification of Police Officers -- Employment Not Constituting Certain Involvement

Employment by a business licensed as a dispensary, grower, or processor under Title 13, Subtitle 33 of the Health – General Article does not constitute involvement in the illegal distribution, production, cultivation, transportation, or sale of a controlled dangerous substance for purposes of police officer certification or recertification if the individual’s employment was not terminated for illegal or improper conduct.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-210 - Lapse of Certification -- in General

(a)    The certification of a police officer automatically lapses 3 years after the date of the previous certification.
(b)    If the certification of a police officer lapses, the police officer may apply for recertification immediately.
(c)    The Commission may recertify a police officer after the certification of the police officer lapses.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-211 - Lapse of Certification -- Failure to Meet Standards

(a)    If the certification of a police officer is in danger of lapsing or has lapsed because of the failure of the police officer to meet the standards of the Commission, the police officer may request a hearing before the Commission to present evidence that:
(1)    the police officer’s law enforcement agency unreasonably failed to provide the police officer with the required training or assigned the police officer to special duty that prevented the police officer from completing the required training to achieve this certification; and
(2)    this failure is through no fault of the police officer.
(b)    (1)    On request of the police officer for a hearing under this section, the Commission shall hold a hearing.
(2)    For purposes of this subsection, the Commission shall follow the procedures required for a hearing board under the Law Enforcement Officers’ Bill of Rights and the police officer is entitled to all of the rights provided under the Law Enforcement Officers’ Bill of Rights.
(c)    If the Commission concludes that the police officer’s law enforcement agency unreasonably failed to provide the police officer with the required training or assigned the police officer to special duty that prevented the police officer from completing the required training to achieve certification:
(1)    the Commission shall stay the lapse of the certification until the police officer and the police officer’s law enforcement agency meet the training requirements of the Commission;
(2)    the police officer shall be retained in the police officer’s law enforcement agency at full pay pending the completion of the training; and
(3)    the Commission shall order the police officer’s law enforcement agency to pay all reasonable hearing costs and attorney’s fees incurred as a result of the action.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-212 - Suspensions and Revocations of Certification; Hearings; Judicial Review

(a)    (1)    Subject to the hearing provisions of subsection (b) of this section, the Commission may suspend or revoke the certification of a police officer if the police officer:
(i)    violates or fails to meet the Commission’s standards;
(ii)    violates the Maryland Use of Force Statute under § 3–524 of this title; or
(iii)    knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article.
(2)    The Commission shall revoke the certification of a police officer who was:
(i)    convicted of a felony;
(ii)    convicted of perjury or another misdemeanor relating to truthfulness and veracity; or
(iii)    previously fired or resigned while being investigated for serious misconduct or use of excessive force.
(b)    (1)    Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Commission takes any final action under subsection (a)(1) of this section, the Commission shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission.
(2)    The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    A police officer aggrieved by the findings and order of the Commission may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.
(d)    The Commission shall create a statewide database to track police officer decertifications due to improper use of force.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-213 - Recall of Certificate

The Commission may recall the certificate of a police officer if the certification of the police officer is suspended or revoked for any of the following reasons:
(1)    the certificate was issued by administrative error;
(2)    the certificate was obtained through misrepresentation or fraud;
(3)    the police officer has been convicted of a felony; or
(4)    the police officer has been convicted of a misdemeanor for which a sentence of imprisonment exceeding 1 year may be imposed.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-214 - Recertification After Revoked Certification

(a)    If the certification of a police officer is revoked, the police officer may not apply for recertification until 2 years after the effective date of the revocation order.
(b)    The Commission may recertify an individual as a police officer after the certification of the police officer is revoked.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-215 - Appointment of Police Officers, Police Supervisors, and Police Administrators

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Permanent appointment” means the appointment of an individual who has satisfactorily met the minimum standards of the Commission and is certified as a police officer.
(3)    “Police administrator” means a police officer who has been promoted to first–line administrative duties up to but not exceeding the rank of captain.
(4)    “Police supervisor” means a police officer who has been promoted to first–line supervisory duties.
(b)    An individual may not be given or accept a probationary appointment or permanent appointment as a police officer, police supervisor, or police administrator unless the individual satisfactorily meets the qualifications established by the Commission.
(c)    (1)    An individual who applies for a position as police officer shall:
(i)    under penalty of perjury, disclose to the hiring law enforcement agency all prior instances of employment as a police officer at other law enforcement agencies; and
(ii)    authorize the hiring law enforcement agency to obtain the police officer’s full personnel and disciplinary record from each law enforcement agency that previously employed the police officer.
(2)    The hiring law enforcement agency shall certify to the Commission that the law enforcement agency has reviewed the applicant’s disciplinary record.
(d)    A probationary appointment as a police officer, police supervisor, or police administrator may be made for a period not exceeding 1 year to enable the individual seeking permanent appointment to take a training course required by this subtitle.
(e)    A probationary appointee is entitled to a leave of absence with pay during the period of the training program.
(f)    Prior cannabis use may not be the basis for disqualifying an applicant for a position as a police officer.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-216 - Employment of Individual Without Certification Prohibited

(a)    A law enforcement agency may not employ an individual as a police officer for a period not exceeding 1 year unless the individual is certified by the Commission.
(b)    (1)    In this subsection, “nonfull-time police officer” means an individual who does not work in the law enforcement field at least 7 months during the calendar year.
(2)    The certification requirements of subsection (a) of this section do not apply to the nonfull-time police officers of a law enforcement agency that:
(i)    employs, during a calendar year, at least 70 full-time sworn police officers; and
(ii)    employs at least 100 nonfull-time police officers.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 2 - Maryland Police Training and Standards Commission › Section 3-218 - Effect of Subtitle

(a)    Except as expressly provided in this subtitle, this subtitle does not limit the powers, rights, duties, or responsibilities of the government of a county or municipal corporation.
(b)    This subtitle supersedes any law, ordinance, or regulation of the State, a county, or a municipal corporation that conflicts with this subtitle.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Central Repository” has the meaning stated in § 10–101 of the Criminal Procedure Article.
(c)    “Commission” means a special police commission issued under this subtitle.
(d)    “Secretary” means the Secretary of State Police.
(e)    “Special police officer” means an individual who holds a commission issued under this subtitle.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-303 - Entities Authorized to Apply for Appointment of Special Police Officers; Qualifications of Applicants

(a)    The following entities may apply for the appointment of special police officers for the following purposes:
(1)    a municipal corporation, county, or other governmental body of the State, in order to protect property owned, leased, or regularly used by the governmental body or any of its units;
(2)    another state, or subdivision or unit of another state, that has an interest in property located wholly or partly in this State, in order to protect the property;
(3)    a college, university, or public school system in the State, in order to protect its property or students; or
(4)    a person that exists and functions for a legal business purpose, in order to protect its business property.
(b)    The applicant for a commission shall be at least 18 years old.
(c)    (1)    This subsection does not apply to an applicant for an initial commission who, within 5 years prior to application, has:
(i)    completed a basic training course for police officers approved by the Secretary in consultation with the Maryland Police Training and Standards Commission;
(ii)    completed a basic training course for police officers similar to the course described in item (i) of this paragraph in another state or for the federal government;
(iii)    separated from a law enforcement agency in good standing; or
(iv)    completed training approved by the Maryland Police Training and Standards Commission for a special police officer at a State institution of higher education.
(2)    An applicant for an initial commission shall complete a training course approved by the Secretary in consultation with the Maryland Police Training and Standards Commission consisting of at least 80 hours of instruction, including instruction on:
(i)    criminal law;
(ii)    constitutional procedural requirements relating to search, seizure, and arrest; and
(iii)    the appropriate use of force.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-304 - Applications for Commissions

(a)    (1)    The employer of an applicant for a commission shall submit the application under this section.
(2)    A separate application is required for each individual applicant for a commission.
(b)    (1)    The employer of an applicant for a commission shall submit to the Secretary:
(i)    an application in the manner and format designated by the Secretary; and
(ii)    subject to paragraph (4) of this subsection, an application fee of $100, to cover the cost of an investigation of the applicant.
(2)    As part of the application for a commission, the applicant shall submit to the Secretary the set of fingerprints and fees required under subsection (c) of this section.
(3)    The application fee is nonrefundable.
(4)    An application fee may not be charged to a unit of the State.
(c)    (1)    The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a special police commission.
(2)    As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:
(i)    a complete set of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(3)    The Central Repository shall provide a receipt to the applicant for the fees paid in accordance with paragraph (2)(ii) and (iii) of this subsection.
(4)    In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history information.
(5)    Information obtained from the Central Repository under this section:
(i)    is confidential and may not be disseminated; and
(ii)    may be used only for the purposes authorized by this section.
(6)    If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department of State Police Licensing Division a revised printed statement of the applicant’s or special police officer’s State criminal history record.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-305 - Investigations of Applicants

(a)    (1)    The Secretary shall investigate the character, reputation, and qualifications of each applicant for a commission.
(2)    The investigation shall include an investigation of the applicant’s criminal record.
(3)    The Secretary shall conduct the investigation in accordance with rules and regulations adopted by the Secretary.
(b)    (1)    On completion of the investigation, the Secretary shall notify the applicant of the final decision of the Secretary on whether to recommend the denial or the granting of the application to the Governor.
(2)    Any person aggrieved by a final decision of the Secretary to recommend the denial of an application under this section may take an appeal as a contested case in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    (1)    The Secretary shall transmit to the Governor:
(i)    the results of the investigation;
(ii)    a recommendation on denying or granting the application;
(iii)    the reasons for the recommendation; and
(iv)    the final disposition of any appeal made by an aggrieved person described in subsection (b)(2) of this section.
(2)    The Governor may accept the recommendation of the Secretary but need not issue a commission approved by the Secretary if the Governor believes it not to be in the best interest of the State to do so.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-306 - Issuance of Commission

(a)    The Governor shall issue a commission to each applicant approved by the Governor.
(b)    The commission shall indicate:
(1)    the term of the commission; and
(2)    the property that the commission is intended to cover or the purpose for which the commission is issued.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-307 - Scope of Commission

(a)    Each special police officer shall protect and preserve peace and good order on the property described in the application for the commission.
(b)    A special police officer may:
(1)    arrest individuals who trespass or commit offenses on the property described in the application for the commission;
(2)    exercise the powers of a police officer on the property described in the application for the commission;
(3)    exercise the powers of a police officer in a county or municipal corporation of the State in connection with the care, custody, and protection of other property of the entity that requested the appointment of the special police officer or other property, real or personal, for which the entity has assumed an obligation to maintain or protect; and
(4)    direct and control traffic on public highways and roads in the immediate vicinity of the property described in the application for the commission in order to facilitate the orderly movement of traffic to and from the property, if the Secretary approves of this activity in advance.
(c)    (1)    A special police officer may make an arrest or issue a traffic citation for a violation of the Maryland Vehicle Law or any other State or local traffic law or regulation only if the special police officer:
(i)    has a probationary or permanent appointment as a security officer or is a member of an industrial police force; and
(ii)    has completed the basic training course for police officers as established by the Police Training and Standards Commission in accordance with Subtitle 2 of this title.
(2)    A special police officer may exercise the power described in paragraph (1) of this subsection only on the property of the special police officer’s employer as described in the application for the commission, unless the special police officer is in active pursuit for the purpose of immediate apprehension.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-308 - Liability for Wrongful Actions or Abuse of Powers

(a)    The special police officer is responsible for:
(1)    any abuse of the special police officer’s powers; and
(2)    the exercise of the special police officer’s powers on property not within the special police officer’s jurisdiction.
(b)    The entity that requested the appointment of the special police officer is also responsible for:
(1)    any wrongful action that the special police officer commits in the course of the special police officer’s duties; and
(2)    any abuse of the powers granted by the commission, either on or off the premises.
2023 Maryland Statutes › Public Safety › Title 3 - Law Enforcement › Subtitle 3 - Special Police Officers › Section 3-309 - Oath

(a)    Within 30 days after issuance of a commission and before performing the duties of a special police officer, each special police officer shall take the oath required by Article I, § 9 of the Maryland Constitution before the clerk of the circuit court where the commission is received.
(b)    The clerk of the court shall transmit to the Secretary of State a certificate that indicates that the special police officer has taken the oath required by subsection (a) of this section.