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Session Laws, 1968
Volume 683, Page 972   View pdf image
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972                                   LAWS OF MARYLAND                           CH. 520

3. Commits any other act or offense against an investigating

committee, which, if committed against the General Assembly or
either house thereof, would constitute a contempt.

(b) An investigating committee may, by majority vote of all
of its members, apply to the General Assembly or the house thereof
by which it was established for a contempt citation. The application
may be considered as though the alleged contempt had been com-
mitted in or against such house or the General Assembly itself. If
the investigating committee is an interim committee, its application
shall be made to the circuit court for any county or any judge of
the Supreme Bench of Baltimore City.

76.    Penalties.

(a)    A person found guilty of contempt under the provisions of
Section 75 of this subtitle, in addition to any penalty imposed by the
court, shall be subject to such other punishment as the General
Assembly or the appropriate house thereof may impose in the
exercise of its inherent powers.

(b)    If any investigating committee fails in any material respect
to comply with the requirements of this subtitle, any person subject
to a subpoena who is prejudiced by such failure shall be relieved of
any requirement of compliance. Such failure shall be a complete
defense in any proceeding against such person for contempt or other
punishment.

(c)    Any person who violates Section 73 (g) of this subtitle shall
be subject to a fine of not more than one thousand dollars ($1,000.00)
or imprisonment for not more than thirty (30) days, or both. The
State's Attorney, on his own motion, or on the application of any
person claiming to have been injured or prejudiced by an unau-
thorized disclosure may institute proceedings for the trial of the
issue and imposition of the penalties provided herein. Nothing in
this subsection shall limit any power which the General Assembly
or either house thereof may have to discipline a member or employee
or to impose a penalty in the absence of action by a State's Attorney
or the court.

77.    Limitations of Code.

Nothing contained in this subtitle shall be construed to limit or
prohibit the acquisition of evidence or information by an investi-
gating committee by any lawful means not provided for herein.

SEC. 2. AND BE IT FURTHER ENACTED, THAT IF ANY
PROVISION OF THIS ACT OR THE APPLICATION THEREOF
TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID
FOR ANY REASON, SUCH INVALIDITY SHALL NOT AFFECT
THE OTHER PROVISIONS OR ANY OTHER APPLICATION
OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
THE INVALID PROVISION OR APPLICATION, AND TO THIS
END ALL THE PROVISIONS OF THIS ACT ARE HEREBY
DECLARED TO BE SEVERABLE.

Sec. 2. 3. And be it further enacted, That this Act shall take
effect July 1, 1968.

Approved May 7, 1968.

 

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Session Laws, 1968
Volume 683, Page 972   View pdf image
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