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Ex. DUT-MD-008 Standing duty Primary source read

Statute

Offense of knowing and willful failure to comply with an order, requirement or directive issued in a catastrophic health emergency; discipline of health care practitioners

Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A) · Maryland (State)

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The record

Jurisdiction
Maryland
Level
State
Authority
Md. Const. art. III; police power of the State
Effective
in force throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementHealth care ordersStanding duty
Addressees
  • persons generally, including every business, organization, establishment and facility; health care practitioners (subsection (b))
Character
order penalty
Collection
Standing duties: Maryland DUT-MD

Operative words

(a) (1) Except as provided in subsection (b) of this section, a person may not knowingly and willfully fail to comply with an order, requirement, or directive issued under this subtitle. (2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

Penalty

Misdemeanor: imprisonment not exceeding 1 year or fine not exceeding $5,000 or both; health care practitioners who fail to comply with § 14-3A-03(c): discipline under Health Occ. § 1-219

What it required

Made compliance with every Order of the Governor and every Secretary's Directive issued under the catastrophic health emergency a criminal duty of every person; the penalty every Order of the Governor recited in its general provisions.

Retrieval note

Recited in terms in every Order of the Governor: 'A person who knowingly and willfully violates this Order or any Local Order is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both' (Ex. MD-014 para. VII.b; Ex. MD-010 para. VII; Ex. MD-008 para. V; Ex. MD-039 para. IV.b), preceded by the command that 'each law enforcement officer of the State or a political subdivision shall execute and enforce this Order and any Local Order' (Ex. MD-014 para. VII.a). The District of Maryland quoted the penalty (Ex. DUT-MD-017 at 5).