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Session Laws, 2003
Volume 799, Page 1161   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 68

(4)     A person who violates subsection (c)(1) is guilty of a misdemeanor and
on conviction is subject to imprisonment not exceeding 18 months or a fine not
exceeding [$5,000] $25,000 or both.

(5)     When the violation of this section is pursuant to one scheme or
continuing course of conduct, whether from the same or several sources, the conduct
may be considered as one violation and the value of the benefit, credit, goods, services,
or other thing of value may be aggregated in determining whether the violation is a
felony or misdemeanor.

(e)     A person who violates this section is subject to § 5-106(b) of the Courts
Article.

(f)      In addition to restitution under Title 11, Subtitle 6 of the Criminal
Procedure Article, a court may order a person who pleads guilty or nolo contendere or
who is found guilty under this section to make restitution to the victim for reasonable
costs, including reasonable attorney's fees, incurred:

(1)     for clearing the victim's credit history or credit rating; and

(2)     in connection with a civil or administrative proceeding to satisfy a
debt, lien, judgment, or other obligation of the victim that arose because of the
violation.

(g)     A sentence under this section may be imposed separate from and
consecutive to or concurrent with a sentence for any crime based on the act or acts
establishing the violation of this section.

(h) Notwithstanding any other law, the Department of State Police may
initiate investigations and enforce this section throughout the State without regard to
any limitation otherwise applicable to that department's activities in a municipal
corporation or other political subdivision.

(i) (1) Notwithstanding any other law, a law enforcement officer of the
Maryland Transportation Authority Police, the Maryland Port Administration Police,
or a municipal corporation or county may investigate violations of this section
throughout the State without any limitation as to jurisdiction and to the same extent
as a law enforcement officer of the Department of State Police.

(2)     The authority granted in paragraph (1) of this subsection may be
exercised only in accordance with regulations that the Secretary of the State Police
adopts.

(3)     The regulations are not subject to Title 10, Subtitle 1 of the State
Government Article.

(4)     The authority granted in paragraph (1) of this subsection may be
exercised only if an act related to the crime was committed in the investigating law
enforcement agency's jurisdiction or if the complaining witness resides in the
investigating law enforcement agency's jurisdiction.

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Session Laws, 2003
Volume 799, Page 1161   View pdf image
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