3972

VETOES

Annotated Code of Maryland

(1982 Replacement Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

594B.

(a)  A police officer may arrest without a warrant any
person who commits, or attempts to commit, any felony or
misdemeanor in the presence of, or within the view of, such
officer.

(b)  A police officer [may, when he] WHO has probable cause
to believe that a felony or misdemeanor is being committed in
[his] THE OFFICER'S presence or within [his] THE OFFICER'S view,
MAY arrest without a warrant any person whom [he] THE OFFICER may
reasonably believe to have committed such offense.

(c)  A police officer may arrest a person without a warrant
if [he] THE OFFICER has probable cause to believe that a felony
has been committed or attempted and that such person has
committed or attempted to commit a felony whether or not in [his]
THE OFFICER'S presence or view.

(D) A POLICE OFFICER MAY ARREST A PERSON WITHOUT A WARRANT
IF:

(1)  THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT:

(I)  THE PERSON CRIMINALLY BATTERED THE PERSON'S
SPOUSE OR OTHER ADULT INDIVIDUAL WITH WHOM THE PERSON RESIDES;

(II)  THERE IS EVIDENCE OF PHYSICAL INJURY OR
ASSAULT WITH A DEADLY WEAPON; AND

(III)  UNLESS THE PERSON IS IMMEDIATELY
ARRESTED:

1.  THE PERSON MAY NOT BE APPREHENDED;

2.  THE PERSON MAY CAUSE INJURY TO THE
PERSON OR DAMAGE TO THE PROPERTY OF ONE OR MORE OTHER PERSONS; OR

3.  THE PERSON MAY TAMPER WITH, DISPOSE
OF, OR DESTROY EVIDENCE; AND

(2)  A REPORT TO THE POLICE WAS MADE WITHIN 6 2 HOURS
OF THE ALLEGED INCIDENT.

[(d)] (E) A police officer may arrest a person without a
warrant if [he] THE OFFICER has probable cause to believe: