ROBERT L. EHRLICH, JR., Governor

Ch. 5

THE ENTITY THAT REQUESTED THE APPOINTMENT OF THE SPECIAL POLICE
OFFICER IS ALSO RESPONSIBLE FOR:

(1)      ANY WRONGFUL ACTION THAT THE SPECIAL POLICE OFFICER
COMMITS IN THE COURSE OF THE SPECIAL POLICE OFFICER'S DUTIES; AND

(2)      ANY ABUSE OF THE POWERS GRANTED BY THE COMMISSION, EITHER
ON OR OFF THE PREMISES.

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

Throughout this section, the defined term "special police officer" is
substituted for the former references to the "officer" for clarity and
consistency throughout this subtitle.

In the introductory language of subsection (b) of this section, the former
phrase "for whose convenience and protection the officer has been
appointed" is deleted as surplusage.

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

3-309. OATH.

(A)     REQUIRED.

WITHIN 30 DAYS AFTER ISSUANCE OF A COMMISSION AND BEFORE
PERFORMING THE DUTIES OF A SPECIAL POLICE OFFICER, EACH SPECIAL POLICE
OFFICER SHALL TAKE THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND
CONSTITUTION BEFORE THE CLERK OF THE CIRCUIT COURT WHERE THE
COMMISSION IS RECEIVED.

(B)     CERTIFICATE OF OATH.

THE CLERK OF THE COURT SHALL TRANSMIT TO THE SECRETARY OF STATE A
CERTIFICATE THAT INDICATES THAT THE SPECIAL POLICE OFFICER HAS TAKEN THE
OATH REQUIRED BY SUBSECTION (A) OF THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-908.

In subsections (a) and (b) of this section, the defined term "special police
officer" is substituted for the former references to a "person appointed
under this subtitle" and a "person commissioned" for clarity and
consistency with terminology used throughout this subtitle.

In subsection (a) of this section, the reference to the "oath required by
Article I, § 9 of the Maryland Constitution" is substituted for the former
reference to the "constitutional oath of office" for specificity and to conform
to language used in similar provisions in other revised articles of the Code.

Also in subsection (a) of this section, the reference to the clerk of the

- 171 -