WILLIAM DONALD SCHAEFER, Governor                           Ch. 728

[(a)](B) (1) Any person who alleges to have been a victim of [spousal assault]
ABUSE and who believes there is a danger of serious and immediate injury to himself or
herself may request the assistance of a local law enforcement agency.

(2)      A local law enforcement officer responding to the request for assistance
shall:

[(1)](I) Protect the complainant from harm when responding to the
request; and

[(2)] (II) Accompany the complainant to the family home so that the
complainant may remove [his or her personal clothing and effects and also the personal
clothing and effects of any children that may be in the care of the complainant. The
personal effects to be removed shall be only those required for immediate needs]:

1.        THE PERSONAL CLOTHING OF THE COMPLAINANT AND
OF ANY CHILD IN THE CARE OF THE COMPLAINANT; AND

2.        THE PERSONAL EFFECTS OF THE COMPLAINANT AND OF
ANY CHILD IN THE CARE OF THE COMPLAINANT THAT ARE REQUIRED FOR THE
IMMEDIATE NEEDS OF THE COMPLAINANT OR THE CHILD.

[(b)](C) Any law enforcement officer responding to such a request shall have the
immunity from liability described under § 5-326 of the Courts and Judicial Proceedings
Article.

464D.

[(a) Except as provided in subsections (b), (c), and (d) of this section, a] A person
may [not] be prosecuted under §§ 462, 463, 464, 464A, 464B, and 464C of this subheading
if the victim is the person's legal spouse at the time of the commission of the alleged rape
or sexual offense.

[(b) A person may be prosecuted under §§ 462(a), 463(a)(1), and 464B(a)(1)(i)
and (ii) of this subheading for an offense 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, again the person's legal spouse if the person uses force against the
will and without the consent of the person's legal spouse.

(2)     This subsection applies to the following offenses under this subheading:
(i) § 462(a);

(ii) § 463(a)(1); and

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