Md. Code Ann., State Gov't § 6-602
Independent Investigations Division
Effective Oct 1, 2023Added as State Government § 6-106.2 by Acts 2021, c. 132, § 1, eff. Oct. 1, 2021. Amended by Acts 2022, c. 135, § 5. Renumbered as State Government § 6-602 and amended by Acts 2022, c. 141, § 3, eff. July 1, 2022. Amended by Acts 2023, c. 632, § 1, eff. Oct. 1, 2023.State of Maryland
- (a) There is an Independent Investigations Division within the Office of the Attorney General.
(b)
- (1) The Division is the primary investigative unit for police-involved incidents that result in the death of individuals or injuries likely to result in death.
- (2) The Office of the Attorney General shall determine whether an incident is police-involved and whether an injury is likely to result in death.
(c)
- (1) The Division shall investigate all police-involved incidents that result in the death of an individual or injuries that are likely to result in the death of an individual.
(2)
- (i) Subject to subparagraph (ii) of this paragraph, a State's Attorney may refer for investigation by the Division a police-involved incident resulting in serious bodily injury to an individual that is not otherwise within the jurisdiction of the Division under paragraph (1) of this subsection.
- (ii) The Division may, in its discretion, decline to investigate an incident referred by a State's Attorney under subparagraph (i) of this paragraph.
- (3) The Division may investigate any other crime related to police misconduct that is discovered during an investigation under paragraph (1) or (2) of this subsection.
- (d) In conducting an investigation under subsection (c) of this section, the Division may act with the full powers, rights, privileges, and duties of a State's Attorney, including the use of a grand jury in any county.
(e) To investigate under this section alleged criminal offenses committed by police officers, the Division may:
- (1) detail one or more police officers employed by the Department of State Police; and
- (2) employ other civilian personnel as needed.
(f) On or before January 31 each year, the Division shall submit a report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly on the activities of the Division in the prior calendar year, including:
- (1) the number of investigations that were conducted by the Division; and
- (2) the number of prosecutions that were initiated as a result of an investigation by or a referral to the Division.
(g)
- (1) The Governor annually shall include funding in the State budget sufficient to provide for the full and proper operation of the Division.
- (2) Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the Division.
Added as State Government § 6-106.2 by Acts 2021, c. 132, § 1, eff. Oct. 1, 2021. Amended by Acts 2022, c. 135, § 5. Renumbered as State Government § 6-602 and amended by Acts 2022, c. 141, § 3, eff. July 1, 2022. Amended by Acts 2023, c. 632, § 1, eff. Oct. 1, 2023.