In this subtitle the following words have the meanings indicated. “Division” means the Independent Investigations Division in the Office of the Attorney General. “Police officer” has the meaning stated in § 3–201 of the Public Safety Article.

There is an Independent Investigations Division within the Office of the Attorney General. The Division is the primary investigative unit for police–involved incidents that result in the death of individuals or injuries likely to result in death. The Office of the Attorney General shall determine whether an incident is police–involved and whether an injury is likely to result in death. The Division shall investigate all police–involved incidents that result in the death of an individual or injuries that are likely to result in the death of an individual. Subject to subparagraph (ii) of this paragraph, a State’s Attorney may refer for investigation by the Division a police–involved incident resulting in serious bodily injury to an individual that is not otherwise within the jurisdiction of the Division under paragraph (1) of this subsection. The Division may, in its discretion, decline to investigate an incident referred by a State’s Attorney under subparagraph (i) of this paragraph. The Division may investigate any other crime related to police misconduct that is discovered during an investigation under paragraph (1) or (2) of this subsection. In conducting an investigation under subsection (c) of this section, the Division may act with the full powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury in any county. To investigate under this section alleged criminal offenses committed by police officers, the Division may: detail one or more police officers employed by the Department of State Police; and employ other civilian personnel as needed. On or before January 31 each year, the Division shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the activities of the Division in the prior calendar year, including: the number of investigations that were conducted by the Division; and the number of prosecutions that were initiated as a result of an investigation by or a referral to the Division. The Governor annually shall include funding in the State budget sufficient to provide for the full and proper operation of the Division. Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the Division.

For the limited purpose of furthering an ongoing criminal investigation under this subtitle, the Attorney General or a Deputy Attorney General or an assistant Attorney General designated in writing by the Attorney General may issue in any court in the State a subpoena to a person to produce telephone, business, government, or corporate records or documents. A subpoena issued under this subsection may be served in the same manner as a subpoena issued by a circuit court. A person may have an attorney present during any contact made under subsection (a) of this section with the Attorney General or the Attorney General’s designee. The Attorney General or the Attorney General’s designee shall advise a person of the right to counsel when the subpoena is served. If a person fails to obey a lawfully served subpoena under subsection (a) of this section, the Attorney General or the Attorney General’s designee may report the failure to obey the subpoena to the circuit court with jurisdiction over the matter. The Attorney General or the Attorney General’s designee shall provide a copy of the subpoena and proof of service to the circuit court. After conducting a hearing at which the person that allegedly failed to comply with a subpoena issued under subsection (a) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief. This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.

Except as provided in subsection (b) of this section, if the Attorney General determines that an investigation conducted under § 6–602 of this subtitle provides sufficient grounds for the prosecution of a criminal offense discovered in the course of the investigation, the Attorney General shall have exclusive authority to prosecute the offense. The Attorney General, in the Attorney General’s discretion, may prosecute a police–involved incident not otherwise within the investigative jurisdiction of the Division under § 6–602(c) of this subtitle if the incident is referred by a State’s Attorney to the Attorney General for prosecution. A State’s Attorney may prosecute a criminal offense described in subsection (a)(1) of this section only if the Attorney General requests that the State’s Attorney prosecute the offense.