§ 4-3-202. CRIMINAL PROSECUTION.

(a)

Scope. This section applies to a criminal prosecution by the state or the government of the United States of an employee who is charged with a public offense and for whom punishment is sought for an act or omission which was committed in the scope of employment or the performance of the employee's duties on behalf of the county.

(b)

Probation before judgment. In this section, an entry of probation before judgment under § 6-220 of the Criminal Procedure Article of the Annotated Code of Maryland constitutes a finding of guilt.

(c)

County may reimburse employee.

(1)

As provided in paragraph (2) of this subsection, the county may reimburse a county employee who is subjected to criminal prosecution if:

(i)

The employee is found not guilty of all charges;

(ii)

In the final stage of the appellate proceeding, whether sought by the prosecution or defendant, the final appellate court reverses all findings of guilt; or

(iii)

There is a mistrial and the prosecuting party declines to seek further prosecution.

(2)

The county may reimburse the employee as provided in § 4-3-204 of this subtitle for court costs, reasonable attorney fees, and other related legal expenses in defending the criminal prosecution.

(1988 Code, §§ 2-181, 2-182) (Bill No. 66-99, § 2, 7-1-2004; Bill No. 71-03, § 1, 7-1-2004)