WILLIAM DONALD SCHAEFER, Governor                       H.B. 471

(4)     "Research facility" means any enclosure or separately secured yard, pad,
pond, laboratory, pasture, or pen the purpose of which is to conduct research, house
research subjects, or store supplies, records, data, prototypes, or equipment necessary to
or derived from research.

(5)     "Research property" means any property related to research in a
research facility, regardless of value, including any sample, specimen, research subject,
record, data, test result, or proprietary information.

(b)     A person shall be guilty of breaking and entering a research facility only if:

(1)     The breaking and entering was performed with the intent to:

(i) Obtain unauthorized control over research property;

(ii) Alter or eradicate research property;

(iii) Damage, deface, or move in a manner intended to cause harm to
research property, or destroy or remove research property; or

(iv) Engage in conduct that results in the removal of research property;
and

(2)     The action was taken without the permission of the research facility.

(c)     A person who breaks and enters a research facility is guilty of a felony and on
conviction is subject to imprisonment for not more than 5 years or a fine of not more than
$5,000 or both.]

[34.

Any person who breaks and enters, either by day or by night, any building, whether
inhabited or not, and opens or attempts to open any vault, safe or other secure place by
the use of nitroglycerine, gunpowder or other explosive, shall be deemed guilty of the
felony of burglary with explosives.]

[35.

Any person duly convicted of burglary with explosives shall be sentenced to the
penitentiary for not more than 40 years.]

COMMITTEE NOTE:

This bill repeals all of the current statutory provisions relating to burglary, including
the current rogue and vagabond statute set forth in Article 27, § 490 of the Code, and
creates a new structure for burglary offenses. The bill abolishes the distinction between
burglary and daytime housebreaking. The current provisions relating to "breaking and
stealing" set forth in Article 27, §§ 33 and 33A of the Code have been repealed as
unnecessary and superfluous. The provisions dealing with "breaking and entering a
research facility" set forth in Article 27, § 33B of the Code have been placed in a new
section but otherwise remain identical to the current provisions dealing with this offense.

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