# State Government (GSG)

## Title 12. Immunity and Liability

### Subtitle 1. Maryland Tort Claims Act

#### Section 12-103.3

(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 Sec. 12-104 of this subtitle.

(d)

  (1) The State Treasurer is not liable under Sec. 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.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)