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Session Laws, 1990 Session
Volume 436, Page 2391   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 546
Article 26 - Miscellaneous Governmental Entities

2.

Officials of a governmental entity[, while acting in a discretionary capacity,
without malice, and within the scope of their authority are immune as officials or
individuals from civil liability for any act or omission] SHALL HAVE THE
IMMUNITY FROM LIABILITY DESCRIBED UNDER TITLE 5, SUBTITLE 3 §
5-325 OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE.

[3.

An official is not immune from liability for negligence or any other tort arising
from the operation of a motor vehicle except as to any claim for damages in excess of
the limits of any applicable policy of motor vehicle liability insurance.]

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 4 and 5,
respectively, of Article 26 - Miscellaneous Governmental Entities of the Annotated
Code of Maryland be renumbered to be Section(s) 3 and 4, respectively.

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 27 - Crimes and Punishments

11F.

(a) Any person who alleges to have been a victim of spousal assault and who
believes there is a danger of serious and immediate injury to himself or herself may
request the assistance of a local law enforcement agency. A local law enforcement
officer responding to the request for assistance shall:

(1) Protect the complainant from harm when responding to the request;
and

(2) Accompany the complainant to the family home so that the
complainant may remove his or her personal clothing and effects and also the personal
clothing and effects of any children that may be in the care of the complainant. The
personal effects to be removed shall be only those required for immediate needs.

(b) Any law enforcement officer responding to such a request shall [be immune
from civil liability in complying with the request as long as the officer acts in good faith
and, in a reasonable manner] HAVE THE IMMUNITY FROM LIABILITY
DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-326 OF THE COURTS AND
JUDICIAL PROCEEDINGS ARTICLE.

594B.

(h) (1) A federal law enforcement officer who, in his official capacity, is
authorized by law to make arrests, has the powers of arrest set forth in this section, if
the officer is rendering assistance to a police officer as defined in subsection (g), at the
request of the police officer or in an emergency.

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Session Laws, 1990 Session
Volume 436, Page 2391   View pdf image (33K)
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