PARRIS N. GLENDENING, Governor

H.B. 708

[(14)] (15) Section 409 (relating to murder committed in burning barns, etc.);

[(15)] (16) Section 410 (relating to murder committed in perpetration of rape
in any degree, sexual offense in the first or second degree, sodomy, etc.);

[(16)] (17) Section 411 (relating to second degree murder);

[(17))] (18) Section 411A (relating to attempted murder in the first or second
degree);

[(18)] (19) Sections 462 and 463 (relating to rape in the first and second

degree);

[(19)] (20) Section 464F (relating to attempted rape or sexual offense in the
first or second degree);

[(20)] (21) Section 486 (relating to robbery generally); and

[(21)] (22) Section 488 (relating to robbery with a deadly weapon).

(d) If a person is charged with an offense listed in subsection (c) of this section
after being convicted for an offense listed in subsection (c) of this section, the person may
not be released on personal recognizance.

Article 38A - Fires and Investigations

8.

(g) (1) The State Fire Marshal, in making this inspection or investigation, may,
when in his judgment necessary, take the testimony on oath of all persons supposed to be
cognizant of any facts, or to have the means of knowledge in relation to the matter herein
required to be examined and inquired into, and to cause the testimony to be reduced to
writing; and when, in his judgment, the examination discloses that the fire or explosion or
attempt to cause a fire or explosion was of incendiary origin OR WAS RELATED TO A
DESTRUCTIVE DEVICE AS DEFINED IN ARTICLE 27, § 139A OF THE CODE , the State
Fire Marshal may arrest the supposed incendiary or cause him to be arrested and charged
with the crime; and shall transmit a copy of the testimony so taken to the State's Attorney
for the county or city wherein the fire or explosion or attempt to cause a fire or explosion
occurred.

(2) If, upon investigation, the State Fire Marshal has probable cause to
believe that a person has committed or has attempted to commit a crime involving a fire,
fire bombing, or false alarm, or involving the possession or manufacture of [explosive]
DESTRUCTIVE devices or EXPLOSIVE substances, fireworks, or fire bombs, the State Fire
Marshal may arrest that person or cause him to be arrested and charged with the crime,
in accordance with the appropriate procedures provided by law.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The changes to
this section are intended to clarify the authority of the State Fire Marshal to investigate
and charge for any offense involving destructive devices, regardless of whether incendiary
materials are involved.

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