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S.B. 639
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VETOES
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[(3)] (III) For a third or subsequent offense, a fine of not more than $3,000
or imprisonment for not more than 2 years or both; AND
(IV) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF § 16-813.1
OF THIS ARTICLE IS GUILTY OF A FELONY MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING
$10,000 OR BOTH.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Criminal Law
9-704.1.
(A) IN THIS SECTION, A SECURITY OFFICER MEANS A PROPRIETARY OR
CONTRACTUAL SECURITY OFFICER OF A LICENSE HOLDER OF A NUCLEAR POWER
PLANT FACILITY IN THE STATE.
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, IF A NUCLEAR POWER
PLANT FACILITY IS PLACED UNDER A HEIGHTENED LEVEL OF SECURITY CONDITION
BY A FEDERAL AGENCY PURSUANT TO FEDERAL LAW, THE LICENSE HOLDER OF A
NUCLEAR POWER PLANT FACILITY IN THE STATE MAY AUTHORIZE A SECURITY
OFFICER WITHOUT A WARRANT, TO STOP AND DETAIN ANY PERSON WHO THE
OWNER OR SECURITY OFFICER HAS REASONABLE GROUNDS TO BELIEVE HAS:
(1) ENTERED OR TRESPASSED ON POSTED PROPERTY OF THE NUCLEAR
POWER PLANT FACILITY IN VIOLATION OF § 6-402 OF THIS ARTICLE; OR
(2) VIOLATED ANY LOCAL. STATE, OR FEDERAL LAW, REGULATION. OR
ORDER IN AN AREA CONTROLLED BY THE LICENSE HOLDER OF THE NUCLEAR
POWER PLANT FACILITY.
(C) A SECURITY OFFICER WHO DETAINS A PERSON UNDER SUBSECTION (B)
OF THIS SECTION SHALL, AS SOON AS PRACTICABLE:
(1) NOTIFY AN APPROPRIATE LAW ENFORCEMENT AGENCY ABOUT THE
ALLEGED CRIME COMMITTED BY THE PERSON; AND
(2) RELEASE THE PERSON TO THE DETENTION OR CUSTODY OF A LAW
ENFORCEMENT OFFICER
(D) IF NOTICE TO A LAW ENFORCEMENT AGENCY IS PROVIDED AS REQUIRED
UNDER SUBSECTION (C) OF THIS SECTION AND THE LAW ENFORCEMENT AGENCY
DETERMINES NOT TO INVESTIGATE THE ALLEGED CRIME OR DECLINES TO TAKE
THE DETAINED PERSON INTO DETENTION OR CUSTODY, THE SECURITY OFFICER
SHALL RELEASE THE PERSON AS SOON AS PRACTICABLE.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect October I, 2002.
SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act
is an emergency measure, is necessary for the immediate preservation of the public
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- 4780 -
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