H.B. 471                                                 VETOES

The portion of the current rogue and vagabond statute that relates to buildings has
been incorporated into the new section dealing with fourth degree burglary. See new § 32.
The other provisions of the rogue and vagabond statute have been modernized. See new
§ 35.

Current provisions referring to an "accessory before the fact" or to "causing",
"aiding", or "counselling" a burglary offense have been repealed. The Committee believes
that the common law on accomplice liability, adequately covers these types of actions. For
future consideration, the Committee intends to study the option of establishing a general
article-wide provision dealing with accomplice liability. This is consistent with the way in
which accomplice liability was treated in the bill that revised the arson, and burning
provisions of Article 27 of the Code. See Senate Bill 302/Chapter 228 (1993).

BURGLARY AND RELATED OFFENCES

28.                                                                                             

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

(B)     "BURGLAR'S TOOLS" MEANS:

(1)     A PICKLOCK, KEY, CROWBAR, PRYBAR, JACK, OR BIT;

(2)      NITROGLYCERINE, DYNAMITE, GUNPOWDER, OR OTHER EXPLOSIVE
MATERIAL;.

(3)      AN ACETYLENE TORCH, ELECTRIC ARC, BURNING BAR, THERMAL
LANCE, OXYGEN LANCE, OR SIMILAR DEVICE CAPABLE OF BURNING THROUGH
METAL, CONCRETE, OR OTHER SOLID MATERIAL; OR

(4)     ANY OTHER TOOL, INSTRUMENT, OR DEVICE THAT HAS BEEN
ADAPTED, DESIGNED, OR USED FOR COMMITTING OR FACILITATING THE
COMMISSION OF A BURGLARY OFFENSE.

(C)     "CRIME OF VIOLENCE" HAS THE MEANING STATED IN § 643B OF THIS
ARTICLE.

(D)     "BREAK", "ENTER", AND "DWELLING" RETAIN THEIR JUDICIALLY
DETERMINED MEANINGS EXCEPT TO THE EXTENT THAT SUCH MEANINGS ARE
EXPRESSLY OR BY IMPLICATION CHANGED IN THIS SUBHEADING.

(E)     "STOREHOUSE" RETAINS ITS JUDICIALLY DETERMINED MEANING AND
ALSO MEANS ANY BUILDING, OTHER CONSTRUCTION, OR WATERCRAFT,
INCLUDING:

(1)      ANY BARN, STABLE, GARAGE, PIER, WHARF, BOATHOUSE, AND ANY
FACILITY ATTACHED TO A PIER OR WHARF;                                       

(2)     ANY SHOP, STOREROOM, WAREHOUSE, FACTORY, MILL, HOUSE OF
WORSHIP, MEETINGHOUSE, COURTHOUSE, WORKHOUSE, SCHOOL, OR PUBLIC
BUILDING; AND

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