ROBERT L. EHRLICH, JR., Governor

Ch. 5

In subsection (c) of this section, the reference to the "railroad company that
employed the railroad police officer" is substituted for the former phrase
"appointing railroad" for consistency with terminology used throughout
this subtitle, as the Governor appoints railroad police officers.

Defined terms: "Railroad company" § 3-401
"Railroad police officer" § 3-401

3-413. CONFINEMENT OF ARRESTEES.

(A)     IN GENERAL.

IF SUFFICIENT FACILITIES ARE AVAILABLE, THE PERSON IN CHARGE OF A JAIL
OR PLACE OF DETENTION SHALL RECEIVE AND CONFINE AN INDIVIDUAL ARRESTED
BY A RAILROAD POLICE OFFICER

(B)     STATUS.

AN INDIVIDUAL CONFINED UNDER SUBSECTION (A) OF THIS SECTION:

(1)      IS DEEMED TO BE IN THE CUSTODY OF THE RAILROAD POLICE; AND

(2)      HAS THE SAME STATUS AS AN INDIVIDUAL ARRESTED BY ANY OTHER
PEACE OR POLICE OFFICER OF THE STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 23, § 261.

Throughout this section, references to an "individual" are substituted for
the former references to a "person[s]" because only an individual, and not
the other entities included in the defined term "person", can be arrested
and confined in a jail or place of detention. See § 1-101 of this article for
the definition of "person".

Defined term: "Railroad police officer" § 3-401

3-414. RECIPROCAL AGREEMENTS.

TO CARRY OUT THE PURPOSES OF THIS SUBTITLE, THE GOVERNOR MAY ENTER
INTO A RECIPROCAL AGREEMENT WITH THE GOVERNOR OF ANOTHER STATE TO
EMPOWER RAILROAD POLICE OFFICERS TO PERFORM POLICE FUNCTIONS
LAWFULLY EXERCISED BY AN OFFICER OF THE RECIPROCAL STATE THAT RELATE TO
THE PURPOSES DESCRIBED IN THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 23, § 265.

The phrase "in this subtitle" is substituted for the former phrase "in §§ 257
and 260 of this subheading" for clarity. The former cross-references
seemed overly specific and potentially misleading. Former Art. 23, §§
257(a) and 260(a) and (b), revised in §§ 3-402 and 3-406 of this subtitle,
described the purposes for which a railroad company may apply for the
appointment of railroad police officers and the powers that railroad police
officers are authorized to exercise. Although potentially broader in scope

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