Md. Code, State Gov't § 12-103.3

Current with changes from the 2024 Legislative Session
Section 12-103.3 - Tort claim against 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.

Md. Code, SG § 12-103.3

Added by 2024 Md. Laws, Ch. 611,Sec. 1, eff. 10/1/2024.
Added by 2024 Md. Laws, Ch. 610,Sec. 1, eff. 10/1/2024.