ROBERT L. EHRLICH, JR., Governor                             Ch. 119

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

9-408.

(A)     IN THIS SECTION, "POLICE OFFICER" MEANS AN INDIVIDUAL WHO IS
AUTHORIZED TO MAKE AN ARREST UNDER TITLE 2 OF THE CRIMINAL PROCEDURE
ARTICLE.

(B)     A PERSON MAY NOT INTENTIONALLY:

(1) RESIST A LAWFUL ARREST; OR

(1) (2) INTERFERE WITH AN INDIVIDUAL WHO THE PERSON HAS
REASON TO KNOW IS A POLICE OFFICER WHO IS MAKING OR ATTEMPTING TO MAKE
A LAWFUL ARREST OR DETENTION OF THE PERSON OR ANOTHER PERSON; OR.

(2) FLEE FROM AN INDIVIDUAL WHO THE PERSON HAS REASON TO
KNOW IS A POLICE OFFICER WHO IS MAKING OR ATTEMPTING TO MAKE A LAWFUL
ARREST OR DETENTION OF THE PERSON.

(C)     A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR
AND IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE NOT
EXCEEDING $5,000 OR BOTH.

(D) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE IMPOSED SEPARATE
FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY CRIME
NOT ENUMERATED IN THIS SECTION THAT IS BASED ON THE ACT ESTABLISHING THE
VIOLATION OF THIS SECTION.

(E) (D) THE UNIT OF PROSECUTION FOR A VIOLATION OF THIS SECTION IS
BASED ON THE ARREST OR DETENTION REGARDLESS OF THE NUMBER OF POLICE
OFFICERS INVOLVED IN THE ARREST OR DETENTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved April 27, 2004.

CHAPTER 119
(House Bill 316)

AN ACT concerning

Criminal Law - Resisting or Interfering with Arrest

FOR the purpose of prohibiting a person from intentionally resisting a lawful arrest;
prohibiting a person from intentionally interfering with or fleeing from a police
officer who is making or attempting to make an arrest or detention of the person

- 547 -