EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[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.
*hb0382*
HOUSE BILL 382
E1, D3, C3 4lr1857
HB 1230/23 – HRU CF SB 344
By: Delegates Schmidt, Lehman, and Miller
Introduced and read first time: January 17, 2024
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 3, 2024
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 2023 Supplement) 12
BY adding to 13
Article – Criminal Law 14
Section 6–412 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2023 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 HOUSE BILL 382
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 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 5
ARTICLE. 6
(3) “PROFESSIONAL LAND SURVEYOR” MEANS A LAND SURVEYO R 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 EMPLO YEE OF A 10
PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LA ND 11
SURVEYING MAY NOT BE HELD LIABLE UNDER TH E 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 WHI CH A 17
PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L 18
LAND SURVEYOR , MAY BE ENTITLED ; OR 19
(2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRE SS UNDER ANY 20
OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FOR CONDUC T BY 21
A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLO YEE OF A 22
PROFESSIONAL LAND SU RVEYOR, THAT IS OTHERWISE AC TIONABLE. 23
Article – Criminal Law 24
6–412. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “PRACTICE LAND SURVEYI NG” 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 SURVEYO R 31
WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 32 HOUSE BILL 382 3
PRACTICE LAND SURVEYING . 1
(B) THIS SUBTITLE DOES NO T APPLY TO A PROFESS IONAL LAND SURVEYOR , 2
OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L LAND SURVEYOR , 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, 2024. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.