H.B. 471

VETOES

(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.

COMMITTEE NOTE:

This section is identical to the current provisions of Article 27, § 33B of the Code.
The Committee believes that this section should be retained until after the current
trespass laws are revised.

35.

(A)     A PERSON MAY NOT POSSESS BURGLAR'S TOOLS WITH THE INTENT TO
USE OR PERMIT THE USE OF THE TOOLS IN THE COMMISSION OF ANY CRIME
INVOLVING THE BREAKING AND ENTERING OF A MOTOR VEHICLE.

(B)     A PERSON MAY NOT BE IN OR ON THE MOTOR VEHICLE OF ANOTHER
WITH THE INTENT TO COMMIT THEFT OF THE VEHICLE OR PROPERTY THAT IS
WITHIN THE VEHICLE.

(C)     A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR,
SHALL BE DEEMED A ROGUE AND VAGABOND, AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN 3 YEARS.

COMMITTEE NOTE:

This section reflects the substance of the current rogue and vagabond statute,
Article 27, § 490 of the Code, as it relates to motor vehicles. The provisions of the rogue
and vagabond statute that relate to buildings are reflected in new § 32.

35A.                                               

- 3854 -