Section 3-101 - Definitions.

§ 3-101. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 

(b)  Chief.-  

(1) "Chief" means the head of a law enforcement agency. 

(2) "Chief" includes the officer designated by the head of a law enforcement agency. 

(c)  Hearing.-  

(1) "Hearing" means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence. 

(2) "Hearing" does not include an interrogation at which no testimony is taken under oath. 

(d)  Hearing board.- "Hearing board" means a board that is authorized by the chief to hold a hearing on a complaint against a law enforcement officer. 

(e)  Law enforcement officer.-  

(1) "Law enforcement officer" means an individual who: 

(i) in an official capacity is authorized by law to make arrests; and 

(ii) is a member of one of the following law enforcement agencies: 

1. the Department of State Police; 

2. the Police Department of Baltimore City; 

3. the Baltimore City School Police Force; 

4. the Baltimore City Watershed Police Force; 

5. the police department, bureau, or force of a county; 

6. the police department, bureau, or force of a municipal corporation; 

7. the office of the sheriff of a county; 

8. the police department, bureau, or force of a bicounty agency; 

9. the Maryland Transportation Authority Police; 

10. the police forces of the Department of Transportation; 

11. the police forces of the Department of Natural Resources; 

12. the Field Enforcement Bureau of the Comptroller's Office; 

13. the Housing Authority of Baltimore City Police Force; 

14. the Crofton Police Department; 

15. the police force of the Department of Health and Mental Hygiene; 

16. the police force of the Department of General Services; 

17. the police force of the Department of Labor, Licensing, and Regulation; 

18. the police forces of the University System of Maryland; 

19. the police force of Morgan State University; 

20. the office of State Fire Marshal; 

21. the Ocean Pines Police Department; 

22. the police force of the Baltimore City Community College; or 

23. the police force of the Hagerstown Community College. 

(2) "Law enforcement officer" does not include: 

(i) an individual who serves at the pleasure of the Police Commissioner of Baltimore City; 

(ii) an individual who serves at the pleasure of the appointing authority of a charter county; 

(iii) the police chief of a municipal corporation; 

(iv) an officer who is in probationary status on initial entry into the law enforcement agency except if an allegation of brutality in the execution of the officer's duties is made; 

(v) a Montgomery County fire and explosive investigator as defined in § 2-208.1 of the Criminal Procedure Article; 

(vi) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2-208.2 of the Criminal Procedure Article; 

(vii) a Prince George's County fire and explosive investigator as defined in § 2-208.3 of the Criminal Procedure Article; 

(viii) a Worcester County fire and explosive investigator as defined in § 2-208.4 of the Criminal Procedure Article; or 

(ix) a City of Hagerstown fire and explosive investigator as defined in § 2-208.5 of the Criminal Procedure Article. 
 

[An. Code 1957, art. 27, § 727(a)-(c), (d)(1), (e), (g); 2003, ch. 5, § 2; 2004, ch. 377; 2005, ch. 25, § 6; chs. 283, 463, 532; 2006, chs. 305, 417; 2007, ch. 410, § 2; ch. 619; 2008, chs. 428, 429; 2009, ch. 389.]