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Session Laws, 1994
Volume 773, Page 3236   View pdf image
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Ch. 728

1994 LAWS OF MARYLAND

(iii) § 464B(a)(1)(i) and (ii).

(d) A person may be prosecuted for an offense under §§ 462, 463, 464B, and 464C
of this subh
eading against the person's legal spouse if the parties are living separate and
apart without cohabitation and without interruption pur
suant to a decree of limited
divorc
e.]

464D.

(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] 3 months immediately before the commission of the
alleged rape or sexual offense.                                                       

594B.

(d) A police officer may arrest a person without a warrant if:

(1)     The officer has probable cause to believe that:

(i) The person battered the person's spouse or other individual with
whom the person resides;

(ii) There is evidence of physical injury; 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 [2] 48 12 hours of the alleged
incident.

770.

(A) WHEN A POLICE LAW ENFORCEMENT OFFICER RESPONDS TO A
DOMESTIC VIOLENCE CALL OR RESPONDS TO A REQUEST FOR ASSISTANCE UNDER §
11F OF THIS ARTICLE, THE OFFICER SHALL MAY SHALL GIVE THE VICTIM A COPY OF
A WRITTEN NOTICE THAT:

(1) STATES THAT THE VICTIM MAY:

(I) REQUEST THAT A DISTRICT COURT COMMISSIONER FILE A
CRIMINAL CHARGING DOCUMENT AGAINST THE ALLEGED ABUSER;

- 3236 -

 

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Session Laws, 1994
Volume 773, Page 3236   View pdf image
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