1. (a)

   1. (1) In this section the following words have the meanings indicated.

   2. (2) “Detention center function” includes:

      1. (i) operating and administering a detention center; and
      2. (ii) supervising personnel who perform a function described in item (i) of this paragraph.

   3. (3) “Law enforcement function” includes:

      1. (i) conducting patrol;
      2. (ii) making stops and arrests;
      3. (iii) investigating criminal offenses; and
      4. (iv) supervising personnel who perform a function described in items (i) through (iii) of this paragraph.
   4. (4) “Tort claim” means a tort claim filed in State court against a sheriff, a deputy sheriff, or the State claiming tortious conduct by a sheriff or a deputy sheriff arising out of activities related to the performance of a law enforcement function or a detention center function.

2. (b)

   1. (1) A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.

   2. (2)

      1. (i) The State is the proper defendant in a tort claim.
      2. (ii) The county may not be named as a defendant in a tort claim.
3. (c) Liability for a tort claim may not exceed the State's waiver of immunity under § 12-104 of this subtitle.

4. (d)

   1. (1) The State Treasurer is not liable under § 9-107 of the State Finance and Procurement Article for a tort claim.
   2. (2) The duties, responsibilities, and liabilities of the State under this subtitle for a tort claim shall be assumed by the applicable county.

Added by Acts 2024, c. 610, § 1, eff. Oct. 1, 2024; Acts 2024, c. 611, § 1, eff. Oct. 1, 2024.