Ch. 5

2003 LAWS OF MARYLAND

(II) HAS COMPLETED THE BASIC TRAINING COURSE FOR POLICE
OFFICERS AS ESTABLISHED BY THE POLICE TRAINING COMMISSION IN ACCORDANCE
WITH SUBTITLE 2 OF THIS TITLE.

(2) A SPECIAL POLICE OFFICER MAY EXERCISE THE POWER DESCRIBED
IN PARAGRAPH (1) OF THIS SUBSECTION ONLY ON THE PROPERTY OF THE SPECIAL
POLICE OFFICER'S EMPLOYER AS DESCRIBED IN THE APPLICATION FOR THE
COMMISSION, UNLESS THE SPECIAL POLICE OFFICER IS IN ACTIVE PURSUIT FOR
THE PURPOSE OF IMMEDIATE APPREHENSION.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first through fifth sentences of former Art. 41, § 4-905.

In subsection (a)(1) of this section, the reference to the power to arrest
"individuals" is substituted for the former reference to the power to arrest
"persons" because only individuals, and not the other entities included in
the defined term "person", are subject to arrest. See § 1-101 of this article
for the definition of "person".

In subsection (b)(3) of this section, the reference to a "municipal
corporation" is substituted for the former reference to a "city" for
consistency with Md. Constitution, Art. XI-E.

In subsection (b)(4) of this section, the former phrase "adjacent to", which
modified "the property described in the application", is deleted as
surplusage in light of the phrase "in the immediate vicinity of".

Also in subsection (b)(4) of this section, the reference to the "movement" of
traffic is substituted for the former reference to "ingress and egress" for
clarity.

In subsection (c)(2) of this section, the former phrase "of an individual" is
deleted as implicit in the reference to "active pursuit" for the purpose of
immediate apprehension.

Defined terms: "Commission" § 3-301
"Secretary" § 3-301
"Special police officer" § 3-301

3-308. LIABILITY FOR WRONGFUL ACTIONS OR ABUSE OF POWERS.

(A)     RESPONSIBILITY OF SPECIAL POLICE OFFICER
THE SPECIAL POLICE OFFICER IS RESPONSIBLE FOR:

(1)      ANY ABUSE OF THE SPECIAL POLICE OFFICER'S POWERS; AND

(2)      THE EXERCISE OF THE SPECIAL POLICE OFFICER'S POWERS ON
PROPERTY NOT WITHIN THE SPECIAL POLICE OFFICER'S JURISDICTION.

(B)     RESPONSIBILITY OF ENTITY.

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