WILLIAM DONALD SCHAEFER, Governor Ch. 189

AGAINST THE PERSON'S LEGAL SPOUSE IF THE PERSON AND THE PERSON'S
LEGAL SPOUSE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION
AND WITHOUT INTERRUPTION:

(1)  PURSUANT TO A WRITTEN SEPARATION AGREEMENT
EXECUTED BY BOTH THE PERSON AND THE PERSON'S LEGAL SPOUSE; OR

(2)  FOR AT LEAST 6 MONTHS IMMEDIATELY BEFORE THE
COMMISSION OF THE ALLEGED RAPE OR SEXUAL OFFENSE.

(C)  (1) A PERSON MAY BE PROSECUTED FOR AN OFFENSE,
DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION, AGAINST THE
PERSON'S LEGAL SPOUSE IF?

(I) THE PERSON USES FORCE AGAINST THE WILL AND
WITHOUT THE CONSENT OF THE PERSON'S LEGAL SPOUSE; AND

(II) WITHIN 90 DAYS AFTER THE TIME OF THE
COMMISSION OF THE ALLEGED RAPE OR SEXUAL OFFENSE, THE OFFENSE IS
REPORTED TO:

1. A POLICE OFFICER WHO HAS THE POWER TO
ARREST FOR AN OFFENSE DESCRIBED IN PARAGRAPH (2) OF THIS
SUBSECTION;

2. THE STATE'S ATTORNEY, AS DEFINED IN
THE MARYLAND RULES, FOR THE COUNTY IN WHICH THE OFFENSE WAS
COMMITTED; OR

3. A COMMISSIONER WHO IS AUTHORIZED TO
RECEIVE AN APPLICATION AND DETERMINE PROBABLE CAUSE FOR THE
ISSUANCE OF A CHARGING DOCUMENT.

(2) THIS SUBSECTION APPLIES TO THE FOLLOWING OFFENSES
UNDER THIS SUBHEADING:

(I)  § 462(A);

(II)  § 463(A)(1); AND

(III)  § 464B(A)(1)(I) AND (II).

(D)  A PERSON MAY BE PROSECUTED FOR AN OFFENSE UNDER §§ 462,
463, 464B, AND 464C OF THIS SUBHEADING AGAINST THE PERSON'S LEGAL
SPOUSE IF THE PARTIES ARE LIVING SEPARATE AND APART WITHOUT
COHABITATION AND WITHOUT INTERRUPTION PURSUANT TO A DECREE OF
LIMITED DIVORCE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 5, 1989.

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