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PARRIS N. GLENDENING, Governor
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S.B. 639
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(2) (I) THIS PARAGRAPH DOES NOT APPLY TO A HIGHWAY AS DEFINED
IN § 8-101 OF THIS ARTICLE OR OTHER PUBLIC PROPERTY OR WATERWAY OPEN FOR
PUBLIC CONVEYANCE.
(II) FOR PURPOSES OF ESTABLISHING PERIMETER SECURITY,
SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (3) OF THIS SUBSECTION, A
MARYLAND TRANSPORTATION AUTHORITY POLICE OFFICER MAY EXERCISE THE
POWERS DESCRIBED IN SUBSECTION (A)(2) OF THIS SECTION:
1. WITHIN 500 FEET OF PROPERTY DESCRIBED IN
PARAGRAPH (1) OF THIS SUBSECTION; AND
2. ON OR WITHIN 500 FEET OF ANY OTHER PROPERTY
OWNED, LEASED, OPERATED BY, OR UNDER THE CONTROL OF THE DEPARTMENT.
(3) A MARYLAND TRANSPORTATION AUTHORITY POLICE OFFICER MAY
EXERCISE THE POWERS DESCRIBED IN PARAGRAPH (2) OF THIS SECTION
SUBSECTION, IF:
(I) THE CHAIRMAN OF THE MARYLAND. TRANSPORTATION
AUTHORITY, WITH THE APPROVAL OF THE GOVERNOR, DETERMINES ON THE BASIS
OF SPECIFIC AND ARTICULABLE FACTS THAT THE EXERCISE OF THE POWERS IS
REASONABLE TO PROTECT AGAINST ACTUAL OR THREATENED PHYSICAL INJURY OR
DAMAGE TO STATE EMPLOYEES OR STATE PROPERTY OR ASSETS AND PROVIDES
NOTICE OF THE EXERCISE OF THE POWERS TO THE:
1. CHIEF OF POLICE, IF ANY, OR THE CHIEF 'S DESIGNEE, IN A
MUNICIPAL CORPORATION;
2. CHIEF OF POLICE OR THE CHIEF'S DESIGNEE IN A
COUNTY WITH A COUNTY POLICE DEPARTMENT;
3. SHERIFF OR THE SHERIFF'S DESIGNEE IN A COUNTY
WITHOUT A POLICE DEPARTMENT;
4. POLICE COMMISSIONER OR THE POLICE COMMISSIONER'S
DESIGNEE IN BALTIMORE CITY;
5. SECRETARY OF NATURAL RESOURCES OR THE
SECRETARY'S DESIGNEE ON ANY PROPERTY OWNED, LEASED, OPERATED BY, OR
UNDER THE CONTROL OF THE DEPARTMENT OF NATURAL RESOURCES;
6. SECRETARY OF STATE POLICE OR THE SECRETARY'S
DESIGNEE; OR
7. SECRETARY OF A PRINCIPAL DEPARTMENT THAT
MAINTAINS A POLICE FORCE OR THE SECRETARYS DESIGNEE IF THE DEPARTMENT
WOULD BE AFFECTED BY THE ACTIONS OF THE MARYLAND TRANSPORTATION
AUTHORITY POLICE FORCE UNDER THIS SUBSECTION; OR
(II) ORDERED TO DO SO BY THE GOVERNOR PURSUANT TO A
PROCLAMATION OR DECLARATION BY THE GOVERNOR OF A STATE OF EMERGENCY
UNDER ARTICLE 16A OF THE CODE OR ARTICLE 41 OF THE CODE.
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- 4769 -
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