S.B. 342                                                   VETOES

Article - Courts and Judicial Proceedings
Section 5-399.6                                             

Annotated Code of Maryland
(1989 Replacement Volume and 1992 Supplement)

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

Article - Courts and Judicial Proceedings

5-399.6.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      "AGENT" MEANS AN OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE, OR
VOLUNTEER OF A PROVIDER, BUT DOES NOT MEAN AN OFFENDER.

(3)      "OFFENDER" MEANS A PERSON ASSIGNED OR ORDERED TO
PERFORM COMMUNITY SERVICE:

(I)      BY A COURT ACCORDING TO THE PROVISIONS OF ARTICLE 27, §
726A OF THE CODE OR § 3-820 OF THE COURTS THIS ARTICLE; OR

(II)     BY AN INTAKE OFFICER UNDER § 3-810 OF THE COURTS THIS
ARTICLE.

(4)      "PRIVATE PROVIDER" MEANS A PRIVATE CHARITABLE

ORGANIZATION AS DEFINED IN § 5-314 OF THE COURTS ARTICLE, A PUBLIC OR
COMMUNITY SERVICE ASSOCIATION, OR A GOVERNMENTAL ENTITY NOT DEFINED
BY PARAGRAPH (5) OF THIS SUBSECTION THAT PROVIDES A WORK PROJECT TO
WHICH AN OFFENDER IS ORDERED OR ASSIGNED TO WORK AN ORGANIZATION
THAT:

(I) IS EXEMPT FROM TAXATION UNDER § 501(C) OF THE INTERNAL
REVENUE CODE; AND

(II) 1. IS APPROVED BY A COMMUNITY SERVICE PROGRAM
ADMINISTRATOR FOR PARTICIPATION IN A COMMUNITY SERVICE PROGRAM AS
DESCRIBED IN ARTICLE 27, § 726A OF THE CODE; OR

2. PROVIDES WORK PROJECTS FOR JUVENILES ASSIGNED OR
ORDERED TO PERFORM COMMUNITY SERVICE UNDER § 3-810 OR § 3-820 OF THIS
ARTICLE.

(5)      "PUBLIC PROVIDER" MEANS A UNIT OF STATE OR LOCAL
GOVERNMENT THAT IS SUBJECT TO TITLE 12, SUBTITLE 1 OF THE STATE
GOVERNMENT ARTICLE (MARYLAND TORT CLAIMS ACT) OR TITLE 5, SUBTITLE 4 OF
THE COURTS THIS ARTICLE (LOCAL GOVERNMENT TORT CLAIMS ACT) AND THAT
REFERS AN OFFENDER TO OR PROVIDES A WORK PROJECT TO WHICH AN OFFENDER
IS ORDERED OR ASSIGNED TO WORK.

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