The midland journal. (Rising Sun, Md.) 1885-1947, 1937-10-08
CHAPTER 123

AN ACT to add six new sections to
Article q of the Annotated Code of
Maryland q935 Supplement-, title
Grimes and Punishments", subtitle
Jurisdiction, Procedure and Sem
tence", subtitle Jurisdiction, said
new sections to be known as Sections
549B, SOC, 549D, 549E, 549F and 540G,
to follow Immediately after Section
549A of said Article, to make uniform
the law on fresh pursuit, and author
izing this State to cooperate with
other States therein.
Section 1. Be it enacted by the Cen
eral Assembly of Maryland, That six
new sections be, and the same are
hereby added to Article q of the An
notated Code of Maryland (1935 Supple
ment), title Grimes and Punishments",
subtitle Jurisdiction, Procedure and
Sentence, subtitle "Jurisdiction", said
new sections to be known as Sections
549B, 549C, 549D, 549E, 549F and 549G,
to follow Immediately after Section 549A
of said Article, so as to read as follows:
549B. Any member of duly organ
lied State, county or municipal peace
unit of another State of the United
States who enters this State in fresh
pursuit, and continues within this State
in such fresh pursuit, of a person in
order to arrest him on the ground that
he Is believed to have committed a fell
ony in such other State, shall have the
same authority to arrest and hold such
person in custody, as has any member
of any duly organized State, county or
municipal peace unit of this State, to
arrest and hold in custody a person on
the ground that he is believed to have
committed a felony in this State.
549C. If an arrest is made in this
State by an officer of another State in
accordance with the provisions of Sec
ton 549B of this Act, he shall without
unnecessary delay take the person ar
rested before a Justice of the Peace
of the county or the City of Baltimore,
in which the arrest was made, who shall
conduct hearing for the purpose of
determining the lawfulness of the ar
rest. If the Justice of the Peace deter
mines that the arrest was lawful he
shall commit the person arrested to
await for reasonable time the issu-
ance Of an extradition warrant by the
Governor of this State. If the Justice
of the Peace determines that the arrest
was unlawful he shall discharge the
person arrested.
549D. Section 549B of this Act shall
not be construed so as to make unlawful
any arrest in this State which would
otherwise be lawful.
549E. For the purpose of this Act
the word Estate" shall include the Dis
trict of Columbia.
549F. The term 'fresh pursuit" as
used in this Act shall include fresh pur-
suit as defined by the common law, and
also the pursuit of a person who has
committed a felony or who Is reason
ably suspected of having committed a
felony. 1t shall also include the pur-
suit of person suspected of having
committed supposed felony, though no
felony has actually been committed, If
there Is reasonable ground for believing
that a felony has been committed. Fresh
pursuit as used herein shall not neces-
sarily imply instant pursuit, but pur-
suit without unreasonable delay.
549G. Upon the passage and approval
by the Governor of this Act it shall
be the duty of the Secretary of State
to certify a copy of this Act to the
Executive Department of each of the
States of the United States.
See. 2. And be it further enacted,
That If any part of this Act is for any
reason declared void, it is declared to
be the intent of this Act that such in
validity shall not affect the validity of
the remaining portions of this Act
Sec. 3. And be it further enacted,
That this Act may be cited as the Uni
form Act on Fresh Pursuit.
Sec. 4. And be it further enacted,
That this Act is hereby declared to be
an emergency law, and necessary for the
immediate preservation Of the public
safety, and, being passed upon a yea
and nay vote, supported by three fifths
of all members elected to each of the
two Houses of the General Assembly,
the same shall take effect from the date
of its passage.
Approved: May IS, 1887.