2013 Maryland Code
CRIMINAL PROCEDURE
§ 4-101 - Charge by citation

§4-101.

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

(2) (i) “Citation” means a written charging document that a police officer or fire marshal issues to a defendant, alleging the defendant has committed a crime.

(ii) “Citation” does not include an indictment, information, or statement of charges.

(3) “Fire marshal” means:

(i) the State Fire Marshal;

(ii) a deputy State fire marshal; or

(iii) as designated under § 6-304 of the Public Safety Article:

1. an assistant State fire marshal; or

2. a special assistant State fire marshal.

(4) “Police officer” has the meaning stated in § 2-101 of this article.

(b) Within areas of the National Park System, a United States Park Police officer may exercise the authority of a police officer to issue a citation under this section.

(c) (1) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer shall charge by citation for:

(i) any misdemeanor or local ordinance violation that does not carry a penalty of imprisonment;

(ii) any misdemeanor or local ordinance violation for which the maximum penalty of imprisonment is 90 days or less, except:

1. failure to comply with a peace order under § 3-1508 of the Courts Article;

2. failure to comply with a protective order under § 4-509 of the Family Law Article;

3. violation of a condition of pretrial or posttrial release while charged with a sexual crime against a minor under § 5-213.1 of this article;

4. possession of an electronic control device after conviction of a drug felony or crime of violence under § 4-109(b) of the Criminal Law Article;

5. violation of an out-of-state domestic violence order under § 4-508.1 of the Family Law Article; or

6. abuse or neglect of an animal under § 10-604 of the Criminal Law Article; or

(iii) possession of marijuana under § 5-601 of the Criminal Law Article.

(2) A police officer may charge a defendant by citation only if:

(i) the officer is satisfied with the defendant’s evidence of identity;

(ii) the officer reasonably believes that the defendant will comply with the citation;

(iii) the officer reasonably believes that the failure to charge on a statement of charges will not pose a threat to public safety;

(iv) the defendant is not subject to arrest for another criminal charge arising out of the same incident; and

(v) the defendant complies with all lawful orders by the officer.

(3) A police officer who has grounds to make a warrantless arrest for an offense that may be charged by citation under this subsection may:

(i) issue a citation in lieu of making the arrest; or

(ii) make the arrest and subsequently issue a citation in lieu of continued custody.

(d) (1) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a fire marshal may issue a citation for:

(i) discharging fireworks without a permit under § 10-104 or § 10-110 of the Public Safety Article;

(ii) possessing with intent to discharge or allowing the discharge of fireworks under § 10-104 or § 10-110 of the Public Safety Article; or

(iii) maintaining a fire hazard under § 6-317 of the Public Safety Article.

(2) A fire marshal may issue a citation if the fire marshal is satisfied with the defendant’s evidence of identity and reasonably believes that the defendant will comply with the citation.

(e) (1) This section does not apply to a citation that is:

(i) authorized for a violation of a parking ordinance or a regulation adopted by a State unit or political subdivision of the State under Title 26, Subtitle 3 of the Transportation Article;

(ii) authorized by the Department of Natural Resources under § 1-205 of the Natural Resources Article; or

(iii) authorized by Baltimore City under § 16-16A (special enforcement officers) of the Code of Public Local Laws of Baltimore City for violation of a code, ordinance, or public local law of Baltimore City concerning building, housing, health, fire, safety, zoning, or sanitation.

(2) Except as otherwise expressly provided by law, the Chief Judge of the District Court shall prescribe a uniform, statewide form of a citation.

(3) Except for the uniform motor vehicle citation form, the law enforcement agencies of the State, the United States Park Police, and the Office of the State Fire Marshal shall reimburse the District Court for printing the citation forms that law enforcement officers and the State Fire Marshal require.

§ 4-101 - 1. Development of format for recording data [Section subject to abrogation]

(a) Definitions. --

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

(2) "Law enforcement agency" means an agency that is listed in § 3-101(e) of the Public Safety Article and that, in accordance with subsection (c) of this section, is subject to the provisions of this section.

(3) "Law enforcement officer" means any person who, in an official capacity, is authorized by law to make arrests and who is an employee of a law enforcement agency that is subject to this section.

(4) "Maryland Statistical Analysis Center" means the research, development, and evaluation component of the Governor's Office of Crime Control and Prevention.

(5) "Police Training Commission" means the unit within the Department of Public Safety and Correctional Services established under § 3-202 of the Public Safety Article.

(b) In general. -- The Police Training Commission and the Maryland Statistical Analysis Center, in consultation with the Administrative Office of the Courts, shall develop a format for the efficient recording of data required to be submitted under subsection (e) of this section.

(c) Guidelines and model policy. -- On or before December 31, 2012, the Police Training Commission, in consultation with the Maryland Statistical Analysis Center, shall develop:

(1) guidelines that each law enforcement agency may use as a management tool to evaluate data collected under subsection (e) of this section for use in counseling and improved training; and

(2) a model policy against the issuance of a citation on the basis of race that a law enforcement agency can use in developing its policy in accordance with subsection (h) of this section.

(d) Applicability. -- This section applies to each law enforcement agency that has one or more law enforcement officers.

(e) Report information on citation form. -- Each time a law enforcement officer issues a citation in accordance with § 4-101 of this subtitle, that officer shall report the following information on the Maryland Uniform Citation Form consistent with the procedures developed under subsection (f) of this section using the format developed under subsection (b) of this section:

(1) the date, location, and time of the issuance of the citation;

(2) the offense charged;

(3) the gender of the offender;

(4) the date of birth of the offender;

(5) the state and, if available, the county of residence of the offender; and

(6) the race or ethnicity of the offender as:

(i) Asian;

(ii) black;

(iii) Hispanic;

(iv) white; or

(v) other.

(f) Procedure for compilation and submission of report. -- On or before December 31, 2012, the Police Training Commission and the Maryland Statistical Analysis Center, in consultation with the Administrative Office of the Courts, shall develop a procedure for:

(1) the compilation of data required to be collected under this section for the calendar year as a report in the format required under subsection (b) of this section; and

(2) the submission of the report to the Maryland Statistical Analysis Center no later than March 1 of the following calendar year beginning on March 1, 2014.

(g) Analysis of annual report. --

(1) The Maryland Statistical Analysis Center shall analyze the annual reports submitted under subsection (f) of this section based on a methodology developed in consultation with the Police Training Commission.

(2) The Maryland Statistical Analysis Center shall submit a report of the findings to the Governor, the General Assembly, as provided in § 2-1246 of the State Government Article, and each law enforcement agency before September 1 of each year beginning on September 1, 2014.

(h) Policy against discrimination in issuance of citation. --

(1) A law enforcement agency shall adopt a policy against the issuance of a citation on the basis of race that is to be used as a management tool to promote nondiscriminatory law enforcement and in the training and counseling of its officers.

(2) (i) The policy shall prohibit the practice of using an individual's race or ethnicity as the sole justification to issue a citation.

(ii) The policy shall make clear that it may not be construed to alter the authority of a law enforcement officer to make an arrest, conduct a search or seizure, or otherwise fulfill the officer's law enforcement obligations.

(3) The policy shall provide for the law enforcement agency to periodically review data collected under subsection (e) of this section and to review the annual report of the Maryland Statistical Analysis Center for purposes of paragraph (1) of this subsection.

§ 4-101 - 1. Development of format for recording data (Abrogation of section effective September 1, 2018.)

Abrogated.