(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.
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