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<subtitle article="gcj" title_number="5" subtitle_number="8" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-801" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <text>The provisions governing actions for breach of promise to marry and for alienation of affections are found in Title 3 of the Family Law Article.</text>
  </section>
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-802" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Athletic official” means an individual who officiates, referees, or umpires an interscholastic, intercollegiate, or any other amateur athletic contest conducted by a nonprofit or governmental body.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>“Community recreation program” means an athletic, fitness, or recreation activity:</text>
          <level label="1">
            <text>Organized for pleasure, recreation, or other nonprofit purposes;</text>
          </level>
          <level label="2">
            <text>That has substantially all of its activities conducted for pleasure, recreation, or other nonprofit purposes; and</text>
          </level>
          <level label="3">
            <text>That does not have any part of the net earnings benefiting any private shareholder.</text>
          </level>
        </level>
        <level label="ii">
          <text>“Community recreation program” does not include a public or private educational institution’s athletic program.</text>
        </level>
      </level>
      <level label="4">
        <text>“Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of a community recreation program, and that are reimbursed to the volunteer or otherwise paid.</text>
      </level>
      <level label="5">
        <text>“Volunteer” means a person who provides services or performs duties as an athletic coach, manager, official, program leader, or assistant for a community recreation program without receiving compensation.</text>
      </level>
    </level>
    <level label="b">
      <text>Except as provided in subsection (c) of this section, a volunteer is not personally liable for damages in any civil action brought against the volunteer by virtue of the volunteer’s act or omission in providing services or performing duties on behalf of a community recreation program.</text>
    </level>
    <level label="c">
      <text>A volunteer is personally liable for damages in any civil action brought against the volunteer in which it is found that:</text>
      <level label="1">
        <text>The damages were the result of the volunteer’s negligent operation of a motor vehicle;</text>
      </level>
      <level label="2">
        <text>The damages were the result of the volunteer’s willful, wanton, or grossly negligent act or omission; or</text>
      </level>
      <level label="3">
        <text>The damages were the result of the volunteer’s negligence in permitting an unsupervised competition, practice, or activity.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, an athletic official is not personally liable in damages in any civil action brought against the athletic official by a player, a participant, or a spectator by virtue of the athletic official’s act or omission arising out of the athletic official’s duties and services performed while acting in the capacity of athletic official.</text>
      </level>
      <level label="2">
        <text>An athletic official is personally liable for damages in any civil action brought against the athletic official in which it is found that the damages were the result of the athletic official’s willful, wanton, or grossly negligent act or omission.</text>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against an athletic official or a volunteer.</text>
      </level>
      <level label="2">
        <text>This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which an athletic official or volunteer may be entitled.</text>
      </level>
    </level>
  </section>
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-803" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <level label="a">
      <level label="1">
        <text>Whether or not an individual receives compensation for the individual’s services, an employee of a county health department or other local department or agency functioning as a school nurse or school health aide or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school is immune from liability for:</text>
        <level label="i">
          <text>Making a report required by law, if the individual acts on reasonable grounds;</text>
        </level>
        <level label="ii">
          <text>Participating in a judicial proceeding that results from the individual’s report; and</text>
        </level>
        <level label="iii">
          <text>Making a report to the appropriate school official or to a parent if the individual has reasonable grounds to suspect that a student is:</text>
          <level label="1">
            <text>Under the influence of alcoholic beverages or a controlled dangerous substance;</text>
          </level>
          <level label="2">
            <text>In possession of alcoholic beverages or a controlled dangerous substance; or</text>
          </level>
          <level label="3">
            <text>Involved in the illegal sale or distribution of alcoholic beverages or a controlled dangerous substance.</text>
          </level>
        </level>
      </level>
      <level label="2">
        <text>Paragraph (1)(iii) of this subsection is effective only to the extent that its provisions do not conflict with federal or State confidentiality laws and regulations.</text>
      </level>
    </level>
    <level label="b">
      <text>A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions is immune from any civil liability if the action is:</text>
      <level label="1">
        <text>In the performance of duties;</text>
      </level>
      <level label="2">
        <text>Within the scope of employment; and</text>
      </level>
      <level label="3">
        <text>Without malice.</text>
      </level>
    </level>
    <level label="c">
      <text>A member of the administrative, educational, or support staff of any public, private, or parochial school acting in an official capacity is immune from civil liability for any personal injury or property damage resulting from an intervention in an altercation between students or other student disturbance if:</text>
      <level label="1">
        <text>The member intervened in a reasonably prudent manner; and</text>
      </level>
      <level label="2">
        <text>The actions taken by the member in intervening do not constitute grossly negligent, willful, wanton, or intentionally tortious conduct.</text>
      </level>
    </level>
  </section>
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-804" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Cave” has the meaning stated in § 5-1401 of the Natural Resources Article.</text>
      </level>
      <level label="3">
        <text>“Commercial cave” has the meaning stated in § 5-1401 of the Natural Resources Article.</text>
      </level>
      <level label="4">
        <text>“Owner” has the meaning stated in § 5-1401 of the Natural Resources Article.</text>
      </level>
      <level label="5">
        <text>“Person” has the meaning stated in § 5-1401 of the Natural Resources Article.</text>
      </level>
    </level>
    <level label="b">
      <text>An owner of a cave or the owner’s authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of the cave.</text>
    </level>
    <level label="c">
      <text>An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless:</text>
      <level label="1">
        <text>The injury is sustained as a result of the owner’s negligence in connection with the providing and maintaining of trails, stairs, electrical wires, or other modifications; and</text>
      </level>
      <level label="2">
        <text>The negligence is the proximate cause of the injury.</text>
      </level>
    </level>
  </section>
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-805" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Agent” means an officer, director, trustee, employee, or volunteer of a provider, but does not mean an offender or participant.</text>
      </level>
      <level label="3">
        <text>“Offender” means a person assigned or ordered to perform community service:</text>
        <level label="i">
          <text>By a court under Title 8, Subtitle 7 of the Correctional Services Article or § 3–8A–19 of this article; or</text>
        </level>
        <level label="ii">
          <text>By an intake officer under § 3–8A–10 of this article.</text>
        </level>
      </level>
      <level label="4">
        <text>“Participant” means an individual who is engaged in a community service work activity under the Family Investment Program established under Title 5, Subtitle 3 of the Human Services Article.</text>
      </level>
      <level label="5">
        <text>“Private provider” means an organization that:</text>
        <level label="i">
          <text>Is exempt from taxation under § 501(c) of the Internal Revenue Code; and</text>
        </level>
        <level label="ii">
          <level label="1">
            <text>Is approved by a community service program administrator for participation in a community service program as described in Title 8, Subtitle 7 of the Correctional Services Article;</text>
          </level>
          <level label="2">
            <text>Provides work projects for juveniles assigned or ordered to perform community service under § 3–8A–10 or § 3–8A–19 of this article; or</text>
          </level>
          <level label="3">
            <text>Is approved by the Department of Human Services as a community service work activity provider under Title 5, Subtitle 3 of the Human Services Article.</text>
          </level>
        </level>
      </level>
      <level label="6">
        <text>“Public provider” means a unit of State or local government that is subject to Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims Act) or Subtitle 3 of this title (Local Government Tort Claims Act) and that:</text>
        <level label="i">
          <text>Refers an offender to or provides a work project to which an offender is ordered or assigned to work; or</text>
        </level>
        <level label="ii">
          <text>Refers a participant to or provides a work project to which a participant is assigned to work.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>A private provider shall be liable up to the limits of the liability insurance coverage required under paragraph (3) of this subsection or any applicable insurance coverage, whichever is greater, for the negligent acts or omissions of:</text>
        <level label="i">
          <text>The private provider or its agents in providing projects or services to, or performing duties for or on behalf of, a community service program; and</text>
        </level>
        <level label="ii">
          <text>An offender or participant in the course of participating in a work project the private provider has provided for a community service program.</text>
        </level>
      </level>
      <level label="2">
        <text>A private provider shall not be liable for the conduct of an offender or participant unless the offender’s or participant’s conduct was:</text>
        <level label="i">
          <text>In the course of the offender’s or participant’s participation in a project which the private provider has provided for a community service program; and</text>
        </level>
        <level label="ii">
          <text>Within the scope of the duties which the offender or participant was assigned or ordered to perform.</text>
        </level>
      </level>
      <level label="3">
        <text>A private provider shall maintain liability insurance in at least the amounts specified in § 5–406(b)(3) of this title.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, a participant is not personally liable for damages in any civil action brought against the participant by virtue of the participant’s act or omission in community service work if the private provider maintains the liability insurance required under subsection (b)(3) of this section.</text>
      </level>
      <level label="2">
        <text>A participant is liable for damages in a civil action brought against the participant in which it is found that the damages were the result of the participant’s willful, wanton, or grossly negligent act or omission.</text>
      </level>
    </level>
    <level label="d">
      <text>A public provider and its agents shall be liable for the negligent acts or omissions of the public provider and its agents in providing projects or services to, or performing duties for or on behalf of, a community service program to the extent permitted by the provisions of the Maryland Tort Claims Act or the Local Government Tort Claims Act.</text>
    </level>
    <level label="e">
      <text>This section does not affect and may not be construed as affecting:</text>
      <level label="1">
        <text>The liability of an offender;</text>
      </level>
      <level label="2">
        <text>Any immunities from civil liability or any defense established by any other provision of the Code or at common law;</text>
      </level>
      <level label="3">
        <text>Any limitation on damages established by law to which a provider or its agents otherwise may be entitled; or</text>
      </level>
      <level label="4">
        <text>The liability of a provider or its agents for an act or omission of the provider or its agents that constitutes gross negligence, reckless or wanton misconduct, or intentionally tortious conduct.</text>
      </level>
    </level>
    <level label="f">
      <text>This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a provider or its agents.</text>
    </level>
  </section>
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-806" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <level label="a">
      <text>This section applies to:</text>
      <level label="1">
        <text>An action by an unemancipated child against a parent of the child; and</text>
      </level>
      <level label="2">
        <text>An action by a parent against an unemancipated child of the parent.</text>
      </level>
    </level>
    <level label="b">
      <text>The right of action by a parent or the estate of a parent against a child of the parent, or by a child or the estate of a child against a parent of the child, for wrongful death, personal injury, or property damage arising out of the operation of a motor vehicle, as defined in Title 11 of the Transportation Article, may not be restricted by the doctrine of parent-child immunity or by any insurance policy provisions, up to the limits of motor vehicle liability coverage or uninsured motor vehicle coverage.</text>
    </level>
  </section>
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-807" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <level label="a">
      <text>In this section, “SLAPP suit” means a strategic lawsuit against public participation.</text>
    </level>
    <level label="b">
      <text>A lawsuit is a SLAPP suit if it is:</text>
      <level label="1">
        <text>Brought in bad faith against a party who has communicated with a federal, State, or local government body or the public at large to report on, comment on, rule on, challenge, oppose, or in any other way exercise rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter within the authority of a government body or any issue of public concern;</text>
      </level>
      <level label="2">
        <text>Materially related to the defendant’s communication; and</text>
      </level>
      <level label="3">
        <text>Intended to inhibit or inhibits the exercise of rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights.</text>
      </level>
    </level>
    <level label="c">
      <text>A defendant in a SLAPP suit is not civilly liable for communicating with a federal, State, or local government body or the public at large, if the defendant, without constitutional malice, reports on, comments on, rules on, challenges, opposes, or in any other way exercises rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter within the authority of a government body or any issue of public concern.</text>
    </level>
    <level label="d">
      <text>A defendant in an alleged SLAPP suit may move to:</text>
      <level label="1">
        <text>Dismiss the alleged SLAPP suit, in which case the court shall hold a hearing on the motion to dismiss as soon as practicable; or</text>
      </level>
      <level label="2">
        <text>Stay all court proceedings until the matter about which the defendant communicated to the government body or the public at large is resolved.</text>
      </level>
    </level>
    <level label="e">
      <text>This section:</text>
      <level label="1">
        <text>Is applicable to SLAPP suits notwithstanding any other law or rule; and</text>
      </level>
      <level label="2">
        <text>Does not diminish any equitable or legal right or remedy otherwise available to a defendant in a SLAPP suit.</text>
      </level>
    </level>
  </section>
  <section article="gcj" article_name="Courts and Judicial Proceedings" number="5-808" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="8" subtitle_name="Immunities and Prohibited Actions -- Miscellaneous">
    <level label="a">
      <text>In this section, “person” does not include a governmental entity.</text>
    </level>
    <level label="b">
      <text>A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if:</text>
      <level label="1">
        <text>The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and</text>
      </level>
      <level label="2">
        <text>The amount and nature of the force used by the person is reasonable under the circumstances.</text>
      </level>
    </level>
    <level label="c">
      <text>Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14–101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.</text>
    </level>
    <level label="d">
      <text>The court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section.</text>
    </level>
    <level label="e">
      <text>This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.</text>
    </level>
  </section>
</subtitle>