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Ch. 14
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974
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LAWS OF MARYLAND
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the Police Omnibus Act of 1966 (Ch. 203, Acts
of 1966), which made the Police Department of
Baltimore City "an agency and instrumentality
of the State of Maryland". Cf., Art. 82, §2:
"No...liability shall be incurred by any ...
city unless the authorities thereof ... shall
have had notice of the {riot} in time to
prevent ... injury or destruction, either by
its own police or with the aid of {its}
citizens..." (emphasis added).
The second clause of the second sentence of
present §9—102(b) defines "police officer" as
including "all persons charged with law
enforcement". That definition is unnecessary
in light of §11-147 of this article to the
same basic effect.
The last sentence of present Art. 66 1/2,
§9-102(b), which requires "{t}he fiscal
officers ... {to} pay all just claims ...or
judgments ... from funds within their control
...", also is deleted as unnecessary.
The only other changes are in style.
As to subsection (b) of this section, the
Commission questions the reference to the
doctrine of "last clear chance" as a
"defense". "Last clear chance" is a doctrine
invoked by a plaintiff to avoid the
consequences of his own contributory
negligence; it is not a defense available to a
defendant. It may be that the General
Assembly intended to refer to the "assumption
of risk" doctrine that is available to a
defendant. In any event, the Commission is
uncertain as to why the General Assembly did
not simply provide here that this State or the
political subdivision may use any legal
defense normally available to defendants in a
tort action.
19-102. LIABILITY FOR COMMANDEERED VEHICLES USED IN A
ROAD BLOCK.
(A) DIRECTING PARTICIPATION IN ROAD BLOCK
PROHIBITED.
A POLICE OFFICER MAY NOT DIRECT ANY DRIVER, OWNER,
OR PASSENGER OF A MOTOR VEHICLE, OTHER THAN A POLICE
VEHICLE, TO PARTICIPATE IN A ROAD BLOCK.
(B) LIABILITY FOR DAMAGES AND INJURIES.
IF ANY POLICE OFFICER OF THIS STATE OR ANY POLITICAL
SUBDIVISION OF THIS STATE, WHILE OTHERWISE ACTING WITHIN
THE SCOPE OF HIS AUTHORITY IN ENFORCING ANY LAW, DIRECTS
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