§ 5-104
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/md/criminal-procedure/5-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–104.
(1)In this section the following words have the meanings indicated.
(2)“Civil immigration violation” means a violation of federal civil immigration law.
(3)“Family member” means a relative by blood, adoption, or marriage.
(4)“Household member” means a person who lives with another or is a regular presence in the home of another.
(i)“Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3–209 of the Public Safety Article.
(ii)“Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.
(6)“Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.
(7)“State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.
(1)In this subsection, “arrest” does not include a routine booking procedure.
(2)Except as provided in paragraphs
(3)and
(4)of this subsection, a law enforcement agent may not, during the performance of regular police functions:
(i)inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest;
(ii)detain, or prolong the detention of, an individual:
1. for the purpose of investigating the individual’s citizenship or immigration status; or
2. based on the suspicion that the individual has committed a civil immigration violation;
(iii)transfer an individual to federal immigration authorities unless required by federal law; or
(iv)coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:
1. the individual’s family member;
2. the individual’s household member;
3. the individual’s legal guardian; or
4. another individual for whom the individual is a legal guardian.
(3)Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.
(4)If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:
(i)notify the individual of the protection or requirement; and
(ii)provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.