§ 12-103.3

Maryland § 12-103.3

• Jurisdiction: Maryland
• Article gsg: State Government
• Title: 12

Text

(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.