EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0288*
SENATE BILL 288
E1, D3, C3 3lr1656
CF HB 1230
By: Senator Waldstreicher
Introduced and read first time: January 27, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: March 10, 2023
CHAPTER ______
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
2 SENATE BILL 288
5–427. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 4
PROVIDED IN § 15–101(K) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 5
ARTICLE. 6
(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYOR 7
WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 8
PRACTICE LAND SURVEY ING. 9
(B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLOYEE OF A 10
PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LAND 11
SURVEYING MAY NOT BE HELD LIABLE UNDER THE COMMON LAW TORT OF 12
TRESPASS. 13
(C) THIS SECTION DOES NOT: 14
(1) AFFECT, AND MAY NOT BE CONST RUED AS AFFECTING , ANY 15
IMMUNITIES FROM CIVI L LIABILITY OR DEFEN SES ESTABLISHED BY A NY OTHER 16
PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW OR EQUITY, TO WHICH A 17
PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLOYEE OF A PROFESSIONAL 18
LAND SURVEYOR , MAY BE ENTITLED ; OR 19
(2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRESS UNDER ANY 20
OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FOR CONDUCT BY 21
A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLOYEE OF A 22
PROFESSIONAL LAND SU RVEYOR, THAT IS OTHERWISE AC TIONABLE. 23
Article – Criminal Law 24
6–411. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “PRACTICE LAND SURVEYING ” HAS THE SAME MEANING AS 28
PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 29
ARTICLE. 30
(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYOR 31
WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 32 SENATE BILL 288 3
PRACTICE LAND SURVEYING . 1
(B) THIS SUBTITLE DOES NO T APPLY TO A PROFESSIONAL LAND SURVEYOR , 2
OR AN AGENT OR EMPLOYEE OF A PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A 3
PROPERTY TO PRACTICE LAND SURVEYING . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2023. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.