Section 9-706.1 - Trespass or violation at nuclear power facility - Detention.
§ 9-706.1. Trespass or violation at nuclear power facility - Detention.
(a) "Security officer" defined.- In this section, "security officer" means a proprietary or contractual security officer of a license holder of a nuclear power plant facility in the State.
(b) Authority to detain without warrant.- Subject to subsection (c) of this section, if a nuclear power plant facility is placed under a heightened level of security condition by a federal agency pursuant to federal law, the license holder of a nuclear power plant facility in the State may authorize a security officer, without a warrant, to stop and detain any person who the owner or security officer has reasonable grounds to believe has:
(1) entered or trespassed on posted property of the nuclear power plant facility in violation of § 6-402 of this article; or
(2) violated any local, State, or federal law, regulation, or order in an area controlled by the license holder of the nuclear power plant facility.
(c) Notice to law enforcement agency.- A security officer who detains a person under subsection (b) of this section shall, as soon as practicable:
(1) notify an appropriate law enforcement agency about the alleged crime committed by the person; and
(2) release the person to the detention or custody of a law enforcement officer.
(d) Release of detainee.- If notice to a law enforcement agency is provided as required under subsection (c) of this section and the law enforcement agency determines not to investigate the alleged crime or declines to take the detained person into detention or custody, the security officer shall release the person as soon as practicable.
[2002, ch. 19, § 10; ch. 100, § 2; 2003, ch. 21, § 1.]