J. MILLARD TAWES, Governor                      477

be under the new subtitle "Detainers," and new subheading "Intra-
state Detainers".

While the Attorney General in his letter of April 1, 1964, ex-
presses the opinion that the bill is constitutional, he points out that
certain language in the bill provides for a procedure which is at
variance with the orderly and practical administration of criminal
justice. He suggests that I give consideration to withholding approval
of the bill, particularly so in view of the fact that Senate Bill No. 5—
the Interstate Agreement on Detainers—is unconstitutional and has
to be vetoed. In view of the Attorney General's suggestion, I believe
that the General Assembly may want to reconsider Senate Bill No. 6,
together with Senate Bill No. 5, and accordingly, I have vetoed it.

Inasmuch as the letter of the Attorney General of April 1, 1964,
analyzes the effects of Senate Bill No. 6 upon the orderly administra-
tion of criminal justice, I am attaching a copy thereof to this veto
message.

With kindest personal regards, I am

Sincerely yours,

(s) J. MILLARD TAWES,

Governor.
April 1, 1964.

The Honorable J. Millard Tawes
Governor of Maryland
State House
Annapolis, Maryland

Re: Senate Bill No. 6

Dear Governor Tawes:

Senate Bill No. 6, introduced at the regular session of the Legis-
lature by the Legislative Council and passed by both Houses of the
General Assembly, adds a new section to Article 27 of the Annotated
Code of Maryland (1957 Edition and 1963 Supplement), title "Crimes
and Punishments," such section to be under the new subtitle "De-
tainers," and new subheading "Intrastate Detainers". Its purpose,
as stated in the title, is to "provide for the disposition of and to au-
thorize the processing of detainers based on untried indictments of
the City of Baltimore or any county of the State against persons
incarcerated in State correctional institutions or facilities, * * *".

Subsection (a) provides that:

"Whenever any state's attorney, sheriff, other peace officer or
constable in this state has knowledge of any untried indictment
against any prisoner serving a sentence in any correctional institu-
tion under the Department of Correction, he shall cause to be de-
livered to the Department of Correction within 30 days written
notice of the untried indictment by certified mail".

This statue imposes duties upon "sheriffs," "other peace officers"
or "constables" in Maryland, which may not be consonant with the
sound administration of the criminal law in this State. It is to be
noted that the Bill refers only to "indictments"; and in that sense