PARRIS N. GLENDENING, Governor

H.B. 991

594B.

(a)     A police officer may arrest without a warrant any person who commits, or
attempts to commit, any felony or misdemeanor in the presence of, or within the view of,
such officer.

(b)     A police officer who has probable cause to believe that a felony or
misdemeanor is being committed in the officer's presence or within the officer's view, may
arrest without a warrant any person whom the officer may reasonably believe to have
committed such offense.

(c)     A police officer may arrest a person without a warrant if the officer has
probable cause to believe that a felony has been committed or attempted and that such
person has committed or attempted to commit a felony whether or not in the officer's
presence or view.

(d)     (1) A police officer may arrest a person without a warrant if:

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

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

2.       There is evidence of physical injury; and

3.       Unless the person is immediately arrested:

A.      The person may not be apprehended;

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

C.      The person may tamper with, dispose of, or destroy evidence;
and

(ii) A report to the police was made within 48 hours of the alleged
incident.

(2) If the police officer has probable cause to believe that mutual battery
occurred and arrest is 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 aggressor.

(e)     A police officer may arrest a person without a warrant if the officer has
probable cause to believe:

(1)     That an offense listed in subsection (f) of this section has been
committed;

(2)     That the person has committed the offense; and

(3)     That unless the person is immediately arrested:
(i) The person may not be apprehended;

- 4351 -