PARRIS N. GLENDENING, Governor

S.B. 157

care of the complainant clarifying that when a law enforcement officer is required to
accompany an alleged victim of domestic abuse to the family home so that the victim
may remove the personal effects of certain persons, the personal effects include certain
medicines or medical devices; authorizing the complainant to remove certain items
regardless of who paid for the items: and generally relating to domestic abuse and the
duties of law enforcement officers.

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 798

Annotated Code of Maryland
(1996 Replacement Volume)

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

Article 27 - Crimes and Punishments

798.

(a)     (1) In this section the following words have the meanings indicated.

(2)     "Abuse" has the meaning stated in § 4-501 of the Family Law Article.

(3)     "Victim" includes a "person eligible for relief" as described in § 4-501 of
the Family Law Article.

(b)     (1) Any person who alleges to have been a victim of abuse and who believes
there is a danger of serious and immediate injury to himself or herself may request the
assistance of a local law enforcement agency.

(2) A local law enforcement officer responding to the request for assistance
shall:

(i) Protect the complainant from harm when responding to the
request; and

(ii) Accompany the complainant to the family home so that the
complainant may remove THE FOLLOWING ITEMS, REGARDLESS OF WHO PAID FOR THE
ITEMS:

1.       The personal clothing of the complainant and of any child in
the care of the complainant; [and]

2.       The personal effects, INCLUDING ANT MEDICINE OR
MEDICAL DEVICES, of the complainant and of any child in the care of the complainant
that are required for the immediate needs of the complainant or the child; AND

3. ANY MEDICINE OR MEDICAL DEVICES OF THE
COMPLAINANT AND OF ANY CHILD IN THE CARE OF THE COMPLAINANT.

(c)     Any law enforcement officer responding to such a request shall have the
immunity from liability described under § 5-326 of the Courts Article.

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