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: (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.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.