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PARRIS N. GLENDENING, Governor
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Ch. 26
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the former references to a "law enforcement officer" and the "officer" for
clarity and accuracy.
In subsection (e)(2) of this section, the reference to "[f]ailure of the
defendant to appear" is substituted for the former reference to the
"defendant's failure to respond to the summons" for clarity and accuracy.
In subsections (a), (b), and (f)(1) of this section, the references to "§§ 22-101
through 22-106 of this subtitle" are substituted for the former references
to "this subheading" to reflect the reorganization of material derived from
the former "Alcoholic Beverages Offenses and Misrepresentation of Age"
subheading of Article 27 in this article. The references exclude a violation
of § 22-108 of this subtitle as a Code violation rather than as a crime,
because that section is expressly stated as a statutory misdemeanor rather
than as a civil offense, and is charged as a crime rather than as a Code
violation. No substantive change is intended.
For specific provisions on contempt of court, see Md. Rules 15-203 et seq.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the jurisdiction of State forest and park
wardens granted under NR § 5-206(b) extends to property beyond that
described in subsection (b)(2) of this section, including but not limited to
public and private property adjoining State property managed by the
Department of, Natural Resources, federal park property in the State,
waters of the State within one mile of the shoreline of all properties owned
by the Department, and any property in Maryland for the purpose of
executing a warrant that has resulted from law enforcement activities on
property on which a forest, park, and wildlife ranger may exercise law
enforcement powers. The General Assembly may wish to address the
disparity between the grant of jurisdiction to forest and park wardens
under this subtitle and NR § 5-206(b).
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the contempt provision of subsection (e)(2) of
this section appears not to comport with the minimum legal standards for
contempt. The provision treats as contempt the mere failure to respond to
a summons, rather than a "willful" failure. Contempt generally requires a
willful action in defiance of legal process, and some means of purging the
contempt. The General Assembly may wish to address this deficiency.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that it is unclear whether the "repeat" violation
in subsection (h)(2) of this section refers to a subsequent violation of the
same section, or of this subtitle, or to any violation involving the use of
alcoholic beverages. The General Assembly may wish to address the scope
of repeat violations under this provision.
Defined term: "Person" § 1-102
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- 1027 -
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