1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0729* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 729 |
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8 | 8 | | E4, L1 5lr2711 |
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9 | 9 | | CF 5lr2710 |
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10 | 10 | | By: Charles County Senators |
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11 | 11 | | Introduced and read first time: January 27, 2025 |
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12 | 12 | | Assigned to: Judicial Proceedings |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Special Police Officers – County Government – Protection of Employees and 2 |
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19 | 19 | | Public Officials 3 |
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20 | 20 | | |
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21 | 21 | | FOR the purpose of authorizing a county to apply for the appointment of special police 4 |
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22 | 22 | | officers in order to protect the county’s employees and public officials while present 5 |
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23 | 23 | | in the county; authorizing a certain special police officer employed by a county to 6 |
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24 | 24 | | exercise the powers of a police officer under certain circumstances; and generally 7 |
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25 | 25 | | relating to special police officers employed by a county. 8 |
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26 | 26 | | |
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27 | 27 | | BY repealing and reenacting, with amendments, 9 |
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28 | 28 | | Article – Public Safety 10 |
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29 | 29 | | Section 3–303 and 3–307 11 |
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30 | 30 | | Annotated Code of Maryland 12 |
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31 | 31 | | (2022 Replacement Volume and 2024 Supplement) 13 |
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32 | 32 | | |
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33 | 33 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 |
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34 | 34 | | That the Laws of Maryland read as follows: 15 |
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35 | 35 | | |
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36 | 36 | | Article – Public Safety 16 |
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37 | 37 | | |
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38 | 38 | | 3–303. 17 |
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39 | 39 | | |
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40 | 40 | | (a) The following entities may apply for the appointment of special police officers 18 |
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41 | 41 | | for the following purposes: 19 |
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42 | 42 | | |
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43 | 43 | | (1) a municipal corporation, county, or other governmental body of the 20 |
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44 | 44 | | State, in order to protect property owned, leased, or regularly used by the governmental 21 |
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45 | 45 | | body or any of its units; 22 |
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46 | 46 | | 2 SENATE BILL 729 |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | (2) A COUNTY, IN ORDER TO PROTECT THE COUNTY ’S EMPLOYEES 1 |
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50 | 50 | | AND PUBLIC OFFICIALS WHILE PRESENT IN THE COUNTY; 2 |
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51 | 51 | | |
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52 | 52 | | (3) another state, or subdivision or unit of another state, that has an 3 |
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53 | 53 | | interest in property located wholly or partly in this State, in order to protect the property; 4 |
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54 | 54 | | |
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55 | 55 | | [(3)] (4) a college, university, or public school system in the State, in order 5 |
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56 | 56 | | to protect its property or students; or 6 |
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57 | 57 | | |
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58 | 58 | | [(4)] (5) a person that exists and functions for a legal business purpose, 7 |
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59 | 59 | | in order to protect its business property. 8 |
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60 | 60 | | |
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61 | 61 | | (b) The applicant for a commission shall be at least 18 years old. 9 |
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62 | 62 | | |
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63 | 63 | | (c) (1) This subsection does not apply to an applicant for an initial commission 10 |
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64 | 64 | | who, within 5 years prior to application, has: 11 |
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65 | 65 | | |
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66 | 66 | | (i) completed a basic training course for police officers approved by 12 |
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67 | 67 | | the Secretary in consultation with the Maryland Police Training and Standards 13 |
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68 | 68 | | Commission; 14 |
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69 | 69 | | |
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70 | 70 | | (ii) completed a basic training course for police officers similar to the 15 |
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71 | 71 | | course described in item (i) of this paragraph in another state or for the federal government; 16 |
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72 | 72 | | |
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73 | 73 | | (iii) separated from a law enforcement agency in good standing; or 17 |
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74 | 74 | | |
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75 | 75 | | (iv) completed training approved by the Maryland Police Training 18 |
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76 | 76 | | and Standards Commission for a special police officer at a State institution of higher 19 |
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77 | 77 | | education. 20 |
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78 | 78 | | |
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79 | 79 | | (2) An applicant for an initial commission shall complete a training course 21 |
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80 | 80 | | approved by the Secretary in consultation with the Maryland Police Training and 22 |
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81 | 81 | | Standards Commission consisting of at least 80 hours of instruction, including instruction 23 |
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82 | 82 | | on: 24 |
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83 | 83 | | |
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84 | 84 | | (i) criminal law; 25 |
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85 | 85 | | |
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86 | 86 | | (ii) constitutional procedural requirements relating to search, 26 |
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87 | 87 | | seizure, and arrest; and 27 |
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88 | 88 | | |
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89 | 89 | | (iii) the appropriate use of force. 28 |
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90 | 90 | | |
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91 | 91 | | 3–307. 29 |
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92 | 92 | | |
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93 | 93 | | (a) Each special police officer shall protect and preserve peace and good order on 30 |
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94 | 94 | | the property described in the application for the commission. 31 SENATE BILL 729 3 |
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95 | 95 | | |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | (b) A special police officer may: 1 |
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99 | 99 | | |
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100 | 100 | | (1) arrest individuals who trespass or commit offenses on the property 2 |
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101 | 101 | | described in the application for the commission; 3 |
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102 | 102 | | |
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103 | 103 | | (2) exercise the powers of a police officer on the property described in the 4 |
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104 | 104 | | application for the commission; 5 |
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105 | 105 | | |
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106 | 106 | | (3) exercise the powers of a police officer in a county or municipal 6 |
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107 | 107 | | corporation of the State in connection with the care, custody, and protection of other 7 |
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108 | 108 | | property of the entity that requested the appointment of the special police officer or other 8 |
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109 | 109 | | property, real or personal, for which the entity has assumed an obligation to maintain or 9 |
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110 | 110 | | protect; [and] 10 |
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111 | 111 | | |
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112 | 112 | | (4) direct and control traffic on public highways and roads in the immediate 11 |
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113 | 113 | | vicinity of the property described in the application for the commission in order to facilitate 12 |
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114 | 114 | | the orderly movement of traffic to and from the property, if the Secretary approves of this 13 |
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115 | 115 | | activity in advance; AND 14 |
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116 | 116 | | |
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117 | 117 | | (5) IF EMPLOYED BY A COU NTY FOR THE PURPOSE OF PROVIDING 15 |
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118 | 118 | | PROTECTION TO THE CO UNTY’S EMPLOYEES AND PUBL IC OFFICIALS, EXERCISE THE 16 |
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119 | 119 | | POWERS OF A POLICE O FFICER IN CONNECTION WITH AND NECESSARY F OR 17 |
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120 | 120 | | PROTECTING THE EMPLO YEES AND OFFICIALS W HOM THE SPECIAL POLI CE OFFICER 18 |
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121 | 121 | | IS ASSIGNED TO PROTE CT. 19 |
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122 | 122 | | |
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123 | 123 | | (c) (1) A special police officer may make an arrest or issue a traffic citation for 20 |
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124 | 124 | | a violation of the Maryland Vehicle Law or any other State or local traffic law or regulation 21 |
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125 | 125 | | only if the special police officer: 22 |
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126 | 126 | | |
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127 | 127 | | (i) has a probationary or permanent appointment as a security 23 |
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128 | 128 | | officer or is a member of an industrial police force; and 24 |
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129 | 129 | | |
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130 | 130 | | (ii) has completed the basic training course for police officers as 25 |
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131 | 131 | | established by the Maryland Police Training and Standards Commission in accordance 26 |
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132 | 132 | | with Subtitle 2 of this title. 27 |
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133 | 133 | | |
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134 | 134 | | (2) A special police officer may exercise the power described in paragraph 28 |
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135 | 135 | | (1) of this subsection only on the property of the special police officer’s employer as described 29 |
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136 | 136 | | in the application for the commission, unless the special police officer is in active pursuit 30 |
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137 | 137 | | for the purpose of immediate apprehension. 31 |
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138 | 138 | | |
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139 | 139 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 |
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140 | 140 | | October 1, 2025. 33 |
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141 | 141 | | |
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