EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1230*
HOUSE BILL 1230
E1, D3, C3 3lr3019
CF SB 288
By: Delegate Holmes
Introduced and read first time: February 13, 2023
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Criminal and Civil Trespass – Professional Land Surveyors – Exception 2
FOR the purpose of establishing exceptions to certain criminal prohibitions against 3
trespass on property and the civil tort of trespass for professional land surveyors, 4
and agents and employees of professional land surveyors, who enter the property of 5
another to practice land surveying; and generally relating to professional land 6
surveyors and the criminal and civil law on trespass. 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 5–427 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2022 Supplement) 12
BY adding to 13
Article – Criminal Law 14
Section 6–411 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2022 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Courts and Judicial Proceedings 20
5–427. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
2 HOUSE BILL 1230
(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 1
PROVIDED IN § 15–101(K) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 2
ARTICLE. 3
(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R 4
WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYOR S TO 5
PRACTICE LAND SURVEY ING. 6
(B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A 7
PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LAND 8
SURVEYING MAY NOT BE HELD LIABLE UNDER TH E COMMON LAW TORT OF 9
TRESPASS. 10
(C) THIS SECTION DOES NOT: 11
(1) AFFECT, AND MAY NOT BE CONST RUED AS AFFECTING , ANY 12
IMMUNITIES FROM CIVI L LIABILITY OR DEFEN SES ESTABLISHED BY A NY OTHER 13
PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW OR EQUITY , TO WHICH A 14
PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L 15
LAND SURVEYOR , MAY BE ENTITLED ; OR 16
(2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRE SS UNDER ANY 17
OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FOR CONDUC T BY 18
A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLO YEE OF A 19
PROFESSIONAL LAND SURVEYOR , THAT IS OTHERWISE AC TIONABLE. 20
Article – Criminal Law 21
6–411. 22
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 25
PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 26
ARTICLE. 27
(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R 28
WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 29
PRACTICE LAND SURVEY ING. 30
(B) THIS SUBTITLE DOES NO T APPLY TO A PROFESS IONAL LAND SURVEYOR , 31
OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L LAND SURVEYOR , WHO ENTERS A 32
PROPERTY TO PRACTICE LAND SURVEYING . 33 HOUSE BILL 1230 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2