HARRY HUGHES, Governor

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former Art. 32A, § 12A(a)(2) and (b), the second,
fourth, and fifth sentences of § 12B, and the fourth
sentence of § 12C.

The introductory clause of subsection (a)(1) of this
section, "[e]xcept as otherwise provided in this Part
II of this subtitle," is substituted for the former
phrase "[s]ubject to the provisions of § 12B," which
failed to reflect the requirement for an agreement and
the power, under the agreement, to withdraw from
representation.

In subsection (b)(1) of this section, the phrase
"shall decline to represent" is substituted for the
former reference "no defense may be provided", to
reflect that withdrawal from appearance is subject to
court rules.

Also in subsection (b)(1) of this section, the
reference "on the basis of the investigation" is
substituted for the former requirement that "the
investigation shall proceed no further", since the
Attorney General is not required to do the
investigation personally.

In the introductory language of subsection (b)(2) of
this section, the clause "who otherwise is eligible
for representation" is added to clarify the scope of
these exceptions. Therefore the former, limited
exception "[n]otwithstanding ... paragraph (1)", which
only applied to the provisions revised in subsection
(b)(2)(i) of this section, is deleted as unnecessary.

In subsection (b)(2)(ii) of this section, the former
power to "terminate further investigation" is deleted
since investigation may be unnecessary if the Attorney
General knows of the insurance before the
investigation begins.

As to defending a law enforcement officer in
connection with a search and seizure of a handgun, see
Art. 27, § 36D of the Code.

Defined term: "Person" § 1-101

12-305. AGREEMENT FOR REPRESENTATION.

BEFORE A STATE OFFICER OR STATE EMPLOYEE MAY BE REPRESENTED
UNDER THIS PART II OF THIS SUBTITLE, THE ATTORNEY GENERAL SHALL
HAVE THE OFFICER OR EMPLOYEE ENTER INTO AN AGREEMENT THAT:

(1) ENABLES THE ATTORNEY GENERAL TO REQUIRE, FROM THE
OFFICER OR EMPLOYEE, REIMBURSEMENT OF COURT COSTS, REASONABLE
COUNSEL FEES, AND OTHER EXPENSES IN REPRESENTING THE OFFICER OR
EMPLOYEE IF: