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Session Laws, 1961
Volume 654, Page 328   View pdf image (33K)
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328                                 Laws of Maryland                         [Ch. 269

TO REFUSE TO MAKE A STATEMENT, AND THE TIME NEC-
ESSARY TO EXAMINE EMPLOYEES AND RECORDS OF THE
MERCANTILE ESTABLISHMENT RELATIVE TO THE OWN-
ERSHIP OF THE
MERCHANDISE.

(C) A MERCHANT, AGENT OR EMPLOYEE OF THE MER-
CHANT, WHO DETAINS OR CAUSES THE ARREST OF ANY
PERSON SHALL NOT BE HELD CIVILLY LIABLE FOR DE-
TENTION, SLANDER, MALICIOUS PROSECUTION, FALSE
IMPRISONMENT OR FALSE ARREST OF THE PERSON SO DE-
TAINED OR ARRESTED, WHETHER SUCH DETENTION OR
ARREST TAKES PLACE BY SUCH MERCHANT, HIS AGENT
OR EMPLOYEE, PROVIDED THAT IN DETAINING OR IN
CAUSING THE ARREST OF SUCH PERSON, THE MERCHANT,
AGENT OR EMPLOYEE OF THE MERCHANT, HAD AT THE
TIME OF SUCH DETENTION OR ARREST PROBABLE CAUSE
TO BELIEVE THAT THE PERSON COMMITTED THE CRIME
OF SHOPLIFTING AS DEFINED IN SECTION 551A.

(E) (D) EVERY PERSON CONVICTED OF THE CRIME OF
SHOPLIFTING TO THE VALUE OF $100.00 OR UPWARDS, OR
AS ACCESSORY THERETO BEFORE THE FACT SHALL
BE DEEMED GUILTY OF A FELONY AND SHALL RESTORE
ANY GOODS, OR THINGS TAKEN, TO THE OWNER OR SHALL
PAY HIM THE FULL VALUE THEREOF, AND SHALL BE
FINED NOT MORE THAN $1,000.00 OR BE IMPRISONED IN
THE PENITENTIARY FOR NOT MORE THAN THREE YEARS.
IF ANY PERSON SHALL BE CONVICTED OF THE CRIME OF
SHOPLIFTING UNDER THE VALUE OF $100.00 HE SHALL
BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL RE-
STORE THE GOODS AND CHATTELS SO TAKEN, OR PAY
THE FULL VALUE THEREOF TO THE OWNER THEREOF,
AND BE FINED NOT MORE THAN $100.00 OR IMPRISONED
FOR NOT MORE THAN EIGHTEEN MONTHS IN THE
HOUSE OF CORRECTION OR JAIL, OR BOTH FINED AND
IMPRISONED.

(g) (F) (E) If any part, section, paragraph, clause, sentence, or
provision of this section shall be held invalid for any reason, the re-
mainder of this act, or other applications thereof, shall not be affected
thereby, and to this end, the provisions of this act are declared
severable.

(h) (G) (F) This act is declared to be in addition to any other
criminal provision heretofore existing in this State.

(i) (H) (G) All laws, or parts of laws, inconsistent with the pro-
visions of this act are hereby repealed to the extent of the incon-
sistency.

(j) (I) (H) Nothing in this section shall affect any cause of action
which has accrued prior to the effective date hereof.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1961.

Approved April 24, 1961.

 

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Session Laws, 1961
Volume 654, Page 328   View pdf image (33K)
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