HARRY HUGHES, Governor

2033

ANY PERSON OTHER THAN A LAW ENFORCEMENT OFFICER OR A PERSON
AUTHORIZED BY THE OFFICER.

(D)  A HOSTAGE AND BARRICADE COMMUNICATIONS SPECIALIST
SHALL BE ORDERED TO ACT UNDER SUBSECTION (C) ONLY IF THE
TELEPHONE COMPANY PROVIDING SERVICE IN THE AREA HAS BEEN
CONTACTED AND REQUESTED TO ACT UNDER SUBSECTION (C) AND THE
TELEPHONE COMPANY:

(1)  DECLINES TO RESPOND TO THE OFFICER'S REQUEST
BECAUSE OF A THREAT OF PHYSICAL INJURY TO ITS EMPLOYEES; OR

(2)  INDICATES WHEN CONTACTED THAT IT WILL BE
UNABLE TO RESPOND APPROPRIATELY TO THE OFFICER'S REQUEST
WITHIN A REASONABLE TIME FROM THE RECEIPT OF THE REQUEST.

(E)  THE SUPERVISING LAW ENFORCEMENT OFFICER MAY GIVE
AN ORDER UNDER SUBSECTION (C) ONLY AFTER THAT SUPERVISING
LAW ENFORCEMENT OFFICER HAS GIVEN WRITTEN REPRESENTATION OR
ORAL REPRESENTATION FOLLOWED BY A WRITTEN CONFIRMATION
WITHIN 48 HOURS, OF THE HOSTAGE OR BARRICADE SITUATION TO
THE TELEPHONE COMPANY PROVIDING SERVICE TO THE AREA IN WHICH
IT IS OCCURRING. IF AN ORDER IS GIVEN ON THE BASIS OF AN
ORAL REPRESENTATION, THE ORAL REPRESENTATION SHALL BE
FOLLOWED BY A WRITTEN CONFIRMATION OF THAT REPRESENTATION
WITHIN 48 HOURS OF THE ORDER.

(F)  GOOD FAITH RELIANCE ON AN ORDER BY A SUPERVISING
LAW ENFORCEMENT OFFICER WHO HAS THE REAL OR APPARENT
AUTHORITY TO ISSUE AN ORDER UNDER THIS SECTION SHALL
CONSTITUTE A COMPLETE DEFENSE TO ANY ACTION AGAINST A
TELEPHONE COMPANY ARISING OR A TELEPHONE COMPANY EMPLOYEE,
OFFICER, OR DIRECTOR THAT ARISES OUT OF ATTEMPTS BY THE
TELEPHONE COMPANY OR THE EMPLOYEE, OFFICER, OR DIRECTOR OF
THE TELEPHONE COMPANY TO COMPLY WITH SUCH AN ORDER.

(G)  FOR THE PURPOSES OF THIS SECTION, "SUPERVISING LAW
ENFORCEMENT OFFICER" MEANS AN OFFICER:

(1)  HAVING A RANK AT LEAST EQUIVALENT TO A
LIEUTENANT OF THE MARYLAND STATE POLICE OR HIGHER; OR

(2)  IN CHARGE OF ONE OF THE FOLLOWING:

(I)  A STATE OR COUNTY LAW ENFORCEMENT
AGENCY;

(II)  A MARYLAND STATE POLICE BARRACKS; OR

(III)  A DISTRICT OR REGION WITHIN A COUNTY
OR BALTIMORE CITY; OR

(IV) A MUNICIPAL POLICE FORCE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.