Ch. 10                                          1995 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

594B.

(d) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(II) "ABUSE" HAS THE MEANING STATED IN § 4 501 OF THE FAMILY
LAW ARTICLE.

(III) "PERSON ELIGIBLE FOR RELIEF" HAS THE MEANING STATED IN
§ 4-501 OF THE FAMILY LAW ARTICLE.

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

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

(i) 1. The person battered the person's spouse or other individual
with whom the person resides;

(ii) 2. There is evidence of physical injury; and

(iii) 3. Unless the person is immediately arrested:

1. A. The person may not be apprehended;

2. B. The person may cause injury to the person or damage
to the property of one or more other persons; or

3. C. The person may tamper with, dispose of, or destroy
evidence] THE PERSON HAS COMMITTED ABUSE AGAINST A PERSON ELIGIBLE FOR
RELIEF; and

[(2)] (II) A report to the police was made within [12] 48 hours of the
alleged incident.

(3) (I) (2) IF THE POLICE OFFICER HAS PROBABLE CAUSE TO
BELIEVE THAT MUTUAL ABUSE BATTERY OCCURRED AND AN ARREST IS MADE
NECESSARY UNDER THIS SUBSECTION, THE OFFICER SHALL CONSIDER WHETHER
ONE OF THE PARTIES ACTED IN SELF-DEFENSE WHEN MAKING THE
DETERMINATION WHETHER TO ARREST THE PERSON WHOM THE OFFICER
BELIEVES TO BE THE PRIMARY PHYSICAL AGGRESSOR.

(II) IN DETERMINING WHETHER A PERSON IS A PRIMARY
PHYSICAL AGGRESSOR, THE OFFICER SHALL CONSIDER:

1. ANY HISTORY OF PRIOR ABUSE;

2. THE RELATIVE SEVERITY OF THE INJURIES INFLICTED
ON EACH PERSON;

3. THE POTENTIAL FOR FUTURE INJURY;
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