HARRY HUGHES, Governor

1101

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 40, § 79,
§ 80, § 85(a)l. and (b), § 86(a) and (b), the second
sentence of § 83(d), and the second sentence of §
84(b).

In subsection (a)(1) of this section, the former,
specific reference to "subpoenas duces tecum" is
deleted as unnecessary in light of the broad reference
to a subpoena "that requires ... the production of
relevant records".

In subsection (b)(3)(i) of this section, the former
reference to the "law" establishing the investigating
committee is deleted in light of § 2-1603(a) of this
subtitle, which permits establishment only by
resolution.

In subsection (c) of this section, reference to a
"circuit court" is substituted for the former phrase
"court of record", since the District Court also is a
court of record, but does not allow fees.

In the introductory language of subsection (d)(1) of
this section, the reference "may be held in contempt"
is substituted for the language, in former Art. 40, §
85, "shall be in contempt". Also the word
"unjustifiably" is added. The substitution and
addition reflect that, e.g., Constitutional rights may
protect a refusal to answer a question. The
substitution and addition also conform to subsections
(d)(2) and (e) of this section and the reference, in
former Art. 40, § 83(d), to "disobedience shall
constitute grounds for citation for contempt".

In subsection     (d)(1)(ii) of this section, the former

reference to an "affirmation" is deleted as

unnecessary in   light of Art. 1, § 9 of the Code, which

authorizes an     affirmation to be made in place of an
oath.

In subsection (e)(1)(i) of this section, the clause
"when the General Assembly is not in session" is
substituted for the former reference "[i]f the
investigating committee is an interim committee", for
clarity.

Former Art. 40, § 85(a)2., which provided that a
person be in contempt for failing to answer a question
or to produce a subpoenaed document, is deleted as
unnecessary in light of subsection (d)(1)(iii) of this
section, which provides the same grounds for a
contempt citation but requires a directive from the
presiding officer.