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§ 13-402. Police power

West's Annotated Code of MarylandPublic Safety

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13. Militia (Refs & Annos)
Subtitle 4. National Guard (Refs & Annos)
MD Code, Public Safety, § 13-402
Formerly cited as MD CODE Art. 65, § 8A
§ 13-402. Police power
Currentness
In general
(a) A member of the National Guard has the same police power, authority, and status with respect to the enforcement of the law relating to criminal matters in the military area to which the member is assigned, as a law enforcement or peace officer has in the officer's respective jurisdiction if:
(1) the Adjutant General designates the member as National Guard full-time support personnel under Title 32 of the United States Code;
(2) the Department controls or has jurisdiction over the member; and
(3) the member is acting as a National Guard member.
Defenses
(b) A member of the National Guard has the immunities and defenses available to a law enforcement or peace officer in a criminal proceeding or civil suit brought because of an act performed in the course of employment and duty under this section.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.
MD Code, Public Safety, § 13-402, MD PUBLIC SAFETY § 13-402
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document