Home Table of Contents

§ 13-707. Civil or criminal liability for acts in discharge of 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, § 13-707
Formerly cited as MD CODE Art. 65, § 52
§ 13-707. Civil or criminal liability for acts in discharge of duty
In general
(a) A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty.
Security for payment and recovery of court costs
(b)(1) The court shall require a person to file security for the payment of costs that may be awarded to the defendant when the person prosecutes or begins a suit or proceeding:
(i) against an officer of the organized militia for an act done by the officer in the officer's official capacity in the discharge of a duty under this title;
(ii) against a person acting under the authority or order of an officer of the organized militia; or
(iii) by virtue of a warrant that an officer of the militia lawfully issues.
(2) In all cases, the defendant may make a general denial and give evidence.
(3) If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.

Credits

Added as Public Safety § 13-708 by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2009, c. 735, § 2, eff. Oct. 1, 2009. Renumbered as Public Safety § 13-707 by Acts 2009, c. 735, § 3, eff. Oct. 1, 2009.
MD Code, Public Safety, § 13-707, MD PUBLIC SAFETY § 13-707
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