§ 3-107
462 words·~2 min read·
/md/public-safety/3-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–107.
(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.
(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.
(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.
(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.
(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.