Section 2-608 - Charging documents against law enforcement officers.
§ 2-608. Charging documents against law enforcement officers.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) "Charging document" means a written accusation alleging that a defendant has committed an offense.
(3) "Citation" means a charging document, other than an indictment, an information, or a statement of charges, issued to a defendant by a peace officer or other person authorized by law to do so.
(4) "Educator" means a principal, vice-principal, teacher, or teacher's aide at a public or private preschool, elementary, or secondary school.
(5) "Emergency services personnel" means:
(i) A career firefighter of a county or municipal corporation;
(ii) An emergency medical services provider as defined in § 13-516 of the Education Article of a county or municipal corporation;
(iii) A rescue squad employee of a county or municipal corporation; and
(iv) A volunteer firefighter, rescue squad member, or advanced life support unit member of a county or municipal corporation.
(6) "Indictment" means a charging document returned by a grand jury and filed in circuit court.
(7) "Information" means a charging document filed in court by a State's Attorney.
(8) "Offense" means a violation of the criminal laws of the State or any political subdivision of the State.
(9) "Statement of charges" means a charging document, other than a citation, filed in District Court by a peace officer, a District Court Judge, or a District Court Commissioner.
(10) "Law enforcement officer" means a law enforcement officer as defined in § 3-101 of the Public Safety Article or any federal law enforcement officer who exercises the powers set forth in § 2-104 of the Criminal Procedure Article.
(b) Application for statement of charges - Forward to State's Attorney.- An application filed in the District Court that requests that a statement of charges be filed against a law enforcement officer, emergency services personnel, or an educator for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, or educator shall immediately be forwarded to the State's Attorney.
(c) Application for statement of charges - Duties of State's Attorney.-
(1) Upon receiving an application filed in District Court requesting that a statement of charges be filed against a law enforcement officer, emergency services personnel, or an educator, the State's Attorney shall:
(i) Investigate the circumstances of the matter; and
(ii) Make a recommendation to the District Court Commissioner as to whether a statement of charges should be filed against the law enforcement officer, emergency services personnel, or the educator.
(2) If the State's Attorney recommends to a District Court Commissioner that a statement of charges be filed against a law enforcement officer, emergency services personnel, or an educator, the State's Attorney shall also make a recommendation as to whether a summons or warrant should issue.
(d) Prerequisites to filing.- Notwithstanding any other provision of the Code or the Maryland Rules, a statement of charges for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, or the educator may not be filed against a law enforcement officer, emergency services personnel, or educator until the State's Attorney has investigated the circumstances of the matter and made recommendations to the District Court Commissioner in accordance with subsection (c) of this section.
(e) Effect of section.- This section may not be construed to preclude the State's Attorney from making a determination that an information should be filed against a law enforcement officer, emergency services personnel, or an educator or that a grand jury should be convened to determine whether an indictment should be filed.
[1992, ch. 333; 1993, ch. 70; 1995, ch. 351; 1999, ch. 429; 2001, ch. 35; 2003, ch. 17.]