Md. Code, State Government § 12-103.3
This is the official text of Md. Code, State Government § 12-103.3, part of Maryland’s Code, State Government — covers the structure and operation of Maryland state government.
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§12–103.
Official statutory text
§12–103.3.
(a) (1) In this section the following words have the meanings indicated.
(2) “Detention center function” includes:
(i) operating and administering a detention center; and
(ii) supervising personnel who perform a function described in item (i) of this paragraph.
(3) “Law enforcement function” includes:
(i) conducting patrol;
(ii) making stops and arrests;
(iii) investigating criminal offenses; and
(iv) supervising personnel who perform a function described in items (i) through (iii) of this paragraph.
(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.
(b) (1) A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.
(2) (i) The State is the proper defendant in a tort claim.
(ii) The county may not be named as a defendant in a tort claim.
(c) Liability for a tort claim may not exceed the State’s waiver of immunity under § 12–104 of this subtitle.
(d) (1) The State Treasurer is not liable under § 9–107 of the State Finance and Procurement Article for a tort claim.
(2) The duties, responsibilities, and liabilities of the State under this subtitle for a tort claim shall be assumed by the applicable county.
(a) (1) In this section the following words have the meanings indicated.
(2) “Detention center function” includes:
(i) operating and administering a detention center; and
(ii) supervising personnel who perform a function described in item (i) of this paragraph.
(3) “Law enforcement function” includes:
(i) conducting patrol;
(ii) making stops and arrests;
(iii) investigating criminal offenses; and
(iv) supervising personnel who perform a function described in items (i) through (iii) of this paragraph.
(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.
(b) (1) A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.
(2) (i) The State is the proper defendant in a tort claim.
(ii) The county may not be named as a defendant in a tort claim.
(c) Liability for a tort claim may not exceed the State’s waiver of immunity under § 12–104 of this subtitle.
(d) (1) The State Treasurer is not liable under § 9–107 of the State Finance and Procurement Article for a tort claim.
(2) The duties, responsibilities, and liabilities of the State under this subtitle for a tort claim shall be assumed by the applicable county.
Status: in_force · Read it on the official government site
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