Home Table of Contents

§ 13-702. Militia in State active duty

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2009

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13. Militia (Refs & Annos)
Subtitle 7. Active Duty or Training (Refs & Annos)
Effective: October 1, 2009
MD Code, Public Safety, § 13-702
Formerly cited as MD CODE Art. 65, § 8
§ 13-702. Militia in State active duty
Scope of section
(a) This section applies to the Maryland Defense Force and the National Guard.
Gubernatorial authority to order militia into State active duty
(b) The Governor may order the militia into State active duty:
(1) in times of or on reasonable apprehension of imminent public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace;
(2) when martial law is declared;
(3) to enforce the laws; or
(4) to carry on any function of the militia of the State.
Authority of militia in State active duty
(c)(1) To enforce the laws, a member of the militia in State active duty has all the authority of a peace or law enforcement officer.
(2) The authority of the member extends throughout the State during the State active duty.
Relations with other authorities
(d) Whenever the militia is in State active duty, the ranking officer of the militia ordered into State active duty or that officer's subordinates on State active duty shall:
(1) cooperate with local law enforcement authorities; or
(2) if the exigencies of the case require and subject only to order from the Governor:
(i) direct and control local law enforcement authorities and the Department of State Police; and
(ii) assume all the powers vested in these subordinated law enforcement authorities.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2009, c. 735, §§ 1, 2, eff. Oct. 1, 2009.
MD Code, Public Safety, § 13-702, MD PUBLIC SAFETY § 13-702
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document