MARVIN MANDEL, Governor

1201

125C, 258(d), 264(c), 297(b)(4)(ii) , 585,

and 639A(a)(5)
Annotated Code of Maryland
(1971 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 35A(b)(8), 35A(h)(3), 35A(h)(4),
36(c), 125C, 258(d), 264(c), 297 (b) (4) (ii) , 585, and
639A(a) (5), of Article 27 - Crimes and Punishments, of
the Annotated Code of Maryland (1971 Replacement Volume
and 1974 Supplement) be and they are hereby repealed and
re—enacted, with amendments, to read as follows:

Article 27 — Crimes and Punishments

35A.

(b) Wherever used in this section, unless the
context clearly indicates otherwise:

8. "Sexual abuse" shall mean any act or acts
involving sexual molestation or exploitation, including
but not limited to incest, rape, carnal knowledge, sodomy
or unnatural or perverted sexual practices on [of] A
child by any parent, adoptive parent or other person who
has the permanent or temporary care or custody or
responsibility for supervision of a minor child.

(h) (3) Any physician licensed to practice medicine
in Maryland who shall be presented with a child pursuant
to an order of a court of competent jurisdiction, or by a
law—enforcement officer or by a representative of a local
department of social services who states he has the child
in his custody as a child whom he has reason to believe
is an abused child, who shall have examined any child
pursuant to the provisions of [section (i) (1)]
SUBSECTION (H) (2) who shall determine that immediate
medical treatment is indicated may provide such treatment
to said child with or without the consent of a parent,
guardian or custodian of said child. Any such physician
or health care institution and those persons working
under the control or supervision of said physician or
health care institution so treating said child shall be
immune from civil liability and/or criminal penalty that
might result from the failure to obtain the consent from
the parent, guardian or custodian for the treatment of
the child.

(4) Whenever any child is examined or treated
pursuant to [section] SUBSECTION (h) (2) and [section]
SUBSECTION (h) (3) the local department of health and
mental hygiene shall be responsible for the payment of