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Session Laws, 1984
Volume 759, Page 1913   View pdf image
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HARRY HUGHES, Governor                                     1913

the 1977 Act and not to the subsequent Acts. The Commission to
Revise the Annotated Code considers the latter interpretation to
be the more valid one and believes that the legislature did not
intend that this statute, as amended, was meant to go out of
effect. Evidence of the intent of the legislature that the
program, as it existed on June 30, 1982, continue is found: (1)
in the 1980 legislation which had as part of its purpose to
"mak[e] the shelter home a permanent project", to establish "a
Statewide program, of which one component is a shelter home", and
to "provid[e] for an annual report"; (2) in the 1981 legislation
which had as part of its purpose to "[repeal] ... obsolete
references to a model home" and to "chang[e] the name of the
subtitle" (from Battered Spouses - Shelter to Battered Spouse
Program); and (3) in the continuing budgetary funding of the
Battered Spouse Program. The attention of the General Assembly
is called to this situation.

4-513. "BATTERED SPOUSE" DEFINED.

IN THIS PART III OF THIS SUBTITLE, "BATTERED SPOUSE" MEANS
AN INDIVIDUAL WHO HAS RECEIVED DELIBERATE, SEVERE, AND
DEMONSTRABLE PHYSICAL INJURY, OR IS IN FEAR OF IMMINENT
DELIBERATE, SEVERE, AND DEMONSTRABLE PHYSICAL INJURY FROM A
SPOUSE WITH WHOM THE INDIVIDUAL SHARES A HOME. RESIDES.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 88A, §
102.

The word "resides" is substituted for the former
phrase "shares a house" to clarify that, e.g., a
battered spouse may live in an apartment.

4-514. LEGISLATIVE POLICY.

THE GENERAL ASSEMBLY FINDS THAT:

(1)  AN INCREASING NUMBER OF BATTERED SPOUSES ARE
FORCED TO LEAVE THEIR HOMES TO ENSURE THEIR LIFE, SAFETY, AND
WELFARE;

(2)  BATTERED SPOUSES AND THEIR CHILDREN OFTEN ARE
ECONOMICALLY DEPENDENT ON THE ABUSING SPOUSE AND HAVE NO PLACE TO
LIVE OUTSIDE THE HOUSEHOLD; AND

(3)  IN THE PAST, THESE BATTERED SPOUSES HAVE BEEN
IGNORED AND, THEREFORE, THERE IS A LACK OF QUALITY EMERGENCY
PUBLIC OR PRIVATE HOUSING TO PROVIDE A PLACE TO LIVE FOR THESE
BATTERED SPOUSES AND THEIR CHILDREN.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first through
fifth sentences of former Article 88A, § 101.

 

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Session Laws, 1984
Volume 759, Page 1913   View pdf image
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