J. Millard Tawes, Governor                       559

and 645J of Article 27 of the Annotated Code of Maryland (1958
Supp.), title "Crimes and Punishments", sub-title "Post Convic-
tion Procedure", providing that a person confined as a result of a
proceeding before a trial magistrate, including a magistrate of
the Traffic Court of Baltimore City, may institute a proceeding
under the Post Conviction Procedure Act, clarifying the necessity
of a hearing under said Act, and allowing a court to dismiss a
subsequent petition without a hearing or appointment of counsel
where, in the opinion of the court, there are no grounds for re-
lief, and providing that this shall be a Uniform Act.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 645A, sub-section (b) of Section 645B, and Sections
645C, 645G, 645H and 645J of Article 27 of the Annotated Code of
Maryland (1958 Supp.), title "Crimes and Punishments", sub-title
"Post Conviction Procedure", be, and the same are hereby repealed
and re-enacted, with amendments, to read as follows:

645A. (a) Any person convicted of a crime and incarcerated
under sentence of death or imprisonment, including those confined
as a result of a proceeding before a trial magistrate, including a
magistrate of the Traffic Court of Baltimore City, or under Article
31B of the Code, title "Defective Delinquents", who claims that the
sentence or judgment was imposed in violation of the Constitution
of the United States or the Constitution or laws of this State, or
that the court or trial magistrate, including a magistrate of the
Traffic Court of Baltimore City, was without jurisdiction to impose
the sentence, or that the sentence exceeds the maximum authorized
by law, or that the sentence is otherwise subject to collateral attack
upon any ground of alleged error heretofore available under a writ
of habeas corpus, writ of coram nobis, or other common law or
statutory remedy, may institute a proceeding under this subtitle
to set aside or correct the sentence, provided the alleged error has
not been previously and finally litigated or waived in the proceedings
resulting in the conviction, or in any other proceeding that the
petitioner has taken to secure relief from his conviction.

(b) The remedy herein provided is not a substitute for, nor
does it affect any remedies which are incident to the proceedings
in the trial court or before the trial magistrate, including a mag-
istrate of the Traffic Court of Baltimore City, or any remedy of di-
rect review of the sentence or conviction. A petition for relief under
this sub-title may be filed at any time. Hereafter no appeals to the
Court of Appeals of Maryland in habeas corpus or coram nobis
cases, or from other common law or statutory remedies which have
heretofore been available for challenging the validity of incarcer-
ation under sentence of death or imprisonment shall] be permitted
or entertained, except appeals in such cases pending in the Court
of Appeals on June 1, 1958, shall be processed in due course.

645B. (b) If a court or judge so determines that the application
should be entertained as a proceeding under this sub-title, he shall
with the consent of the applicant, pass an order to that effect and
shall direct the clerk of court to transmit the application, a certified
copy of the order, and any other pertinent papers to the [court in
which] Circuit Court or Criminal Court of Baltimore in the county
or city where the conviction took place. In this event, the provisions,
of this subtitle, to the extent applicable, shall govern the proceeding..