Ch. 5

2003 LAWS OF MARYLAND

Defined terms: "County" § 1-101
"Person" § 1-101

6-311. ARRESTS.

(A)     FIRE OR EXPLOSION OF INCENDIARY ORIGIN OR RELATED TO
DESTRUCTIVE DEVICE.

IF IN THE JUDGMENT OF THE STATE FIRE MARSHAL TESTIMONY TAKEN UNDER
OATH DISCLOSES THAT A FIRE OR EXPLOSION OR AN ATTEMPT TO CAUSE A FIRE OR
EXPLOSION WAS OF INCENDIARY ORIGIN OR WAS RELATED TO A DESTRUCTIVE
DEVICE, AS DEFINED IN § 4-501 OF THE CRIMINAL LAW ARTICLE, THE STATE FIRE
MARSHAL MAY ARREST THE SUSPECTED INCENDIARY OR CAUSE THE SUSPECTED
INCENDIARY TO BE ARRESTED AND CHARGED.

(B)     OTHER CRIMES.

IF ON INVESTIGATION THE STATE FIRE MARSHAL HAS PROBABLE CAUSE TO
BELIEVE THAT A PERSON HAS COMMITTED OR HAS ATTEMPTED TO COMMIT A CRIME
THAT INVOLVES A FIRE, FIRE BOMBING, OR FALSE ALARM, OR THAT INVOLVES THE
POSSESSION OR MANUFACTURE OF DESTRUCTIVE DEVICES OR EXPLOSIVE
SUBSTANCES, FIREWORKS, OR FIRE BOMBS, THE STATE FIRE MARSHAL MAY ARREST
THAT PERSON OR CAUSE THE PERSON TO BE ARRESTED AND CHARGED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 8(g)(2) and the second clause of (1).

In subsection (a) of this section, the reference to "testimony taken under
oath" is substituted for the former reference to "the examination" for
clarity and consistency with § 6-310(a) of this subtitle.

In subsection (b) of this section, the former phrase "in accordance with the
appropriate procedures provided by law" is deleted as surplusage.

Defined term: "Person" § 1-101

6-312. WRITTEN REPORTS OF INVESTIGATIONS.

(A)     REQUESTED BY LOCAL GOVERNMENT.

AT THE REQUEST OF THE GOVERNING BODY OF A COUNTY OR MUNICIPAL
CORPORATION OF THE STATE, THE STATE FIRE MARSHAL SHALL MAKE A WRITTEN
REPORT OF THE INVESTIGATION OF A FIRE THAT OCCURRED WITHIN THAT COUNTY
OR MUNICIPAL CORPORATION.

(B)     REQUESTED BY PROPERTY OWNER OR INSURER

AT THE REQUEST OF THE OWNER OR INSURER OF PROPERTY DESTROYED OR
DAMAGED BY FIRE OR EXPLOSION, OR IN WHICH AN ATTEMPT TO CAUSE A FIRE OR
EXPLOSION MAY HAVE OCCURRED, THE STATE FIRE MARSHAL SHALL MAKE A
WRITTEN REPORT OF THE RESULT OF THE INVESTIGATION REGARDING THE
PROPERTY.

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