§ 12–103.3
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Gov't § 12-103.3 (2026)
Title 12. Immunity and Liability
Subtitle 1. Maryland Tort Claims Act
§ 12–103.3LinkCopy Citation
(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.