WILLIAM DONALD SCHAEFER, Governor                              Ch. 72

(I)       IN THE COURSE OF THE OFFENDER'S PARTICIPATION IN A
PROJECT WHICH THE PRIVATE PROVIDER HAS PROVIDED FOR A COMMUNITY
SERVICE PROGRAM; AND

(II)     WITHIN THE SCOPE OF THE DUTIES WHICH THE OFFENDER
WAS ASSIGNED OR ORDERED TO PERFORM.

(3) A PRIVATE PROVIDER SHALL MAINTAIN LIABILITY INSURANCE IN
AT LEAST THE AMOUNTS SPECIFIED IN § 5-312(B)(3) OF THIS SUBTITLE.

(C)      A PUBLIC PROVIDER AND ITS AGENTS SHALL BE LIABLE FOR THE
NEGLIGENT ACTS OR OMISSIONS OF THE PUBLIC PROVIDER AND ITS AGENTS IN
PROVIDING PROJECTS OR SERVICES TO, OR PERFORMING DUTIES FOR OR ON
BEHALF OF, A COMMUNITY SERVICE PROGRAM TO THE EXTENT PERMITTED BY THE
PROVISIONS OF THE MARYLAND TORT CLAIMS ACT OR THE LOCAL GOVERNMENT
TORT CLAIMS ACT.

(D)     THIS SECTION DOES NOT AFFECT AND MAY NOT BE CONSTRUED AS
AFFECTING:

(1)      THE LIABILITY OF AN OFFENDER;

(2)      ANY IMMUNITIES FROM CIVIL LIABILITY OR ANY DEFENSE
ESTABLISHED BY ANY OTHER PROVISION OF THE CODE OR AT COMMON LAW; OR

(3)      ANY LIMITATION ON DAMAGES ESTABLISHED BY LAW TO WHICH A
PROVIDER OR ITS AGENTS OTHERWISE MAY BE ENTITLED; OR

(4)      THE LIABILITY OF A PROVIDER OR ITS AGENTS FOR AN ACT OR
OMISSION OF THE PROVIDER OR ITS AGENTS THAT CONSTITUTES GROSS
NEGLIGENCE, RECKLESS OR WANTON MISCONDUCT, OR INTENTIONALLY TORTIOUS
CONDUCT.

(E)     THIS SECTION DOES NOT CREATE, AND MAY NOT BE CONSTRUED AS
CREATING, A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST A
PROVIDER OR ITS AGENTS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed only prospectively and may not be applied or interpreted to have any effect on
or application to any cause of action arising before the effective date of this Act.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 1993.

Approved April 26, 1993.

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