634                             LAWS OF MARYLAND                     [CH. 442

REQUIREMENT SHALL NOT APPLY TO ANY CHILD WHOSE
PARENT OR PARENTS OBJECT TO THE ADMINISTRATION
OF THE TEST ON THE GROUNDS THAT THE SAME WOULD
VIOLATE THEIR RELIGIOUS BELIEFS.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1965.

Approved April 8, 1965.

CHAPTER 442
(House Bill 901)

AN ACT to repeal and re-enact, with amendments, Section 645A of
Article 27 of the Annotated Code of Maryland (1964 Supplement),
title "Crimes and Punishments," subtitle "Venue, Procedure and
Sentence," subheading "Post Conviction Procedure," to repeal Sec-
tion 645H of said Article and subtitle of the Code; to permit a
person on parole or probation to institute a proceeding under the
Post Conviction Procedure Act; to define those circumstances in
which an allegation of error is finally litigated or waived for the
purposes of said Act; to create a rebuttable presumption in favor
of waiver in certain circumstances; to repeal an existing provision
in said Act dealing with repetitive petitions thereunder, which
provision is encompassed in the new provisions relating to waiver;
to enumerate certain classes of habeas corpus cases in which an
appeal to the Court of Appeals may be taken; to correct obsolete
references in the law to the Traffic Court of Baltimore City; TO
CLARIFY THAT THE POST CONVICTION PROCEDURE
ACT APPLIES TO CRIMINAL PROCEEDINGS IN THE
PEOPLE'S COURT OF THE VARIOUS COUNTIES; and
relating generally to proceedings under the Post Conviction Pro-
cedure Act.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 645A of Article 27 of the Annotated Code of Maryland
(1964 Supplement), title "Crimes and Punishments," subtitle "Venue,
Procedure and Sentence," subheading "Post Conviction Procedure,"
be and it is hereby repealed and re-enacted, with amendments, to
read as follows:

645A.

(a) Any person convicted of a crime and either incarcerated under
sentence of death or imprisonment or on parole or probation, includ-
ing [those confined] any person confined or on parole or probation
as a result of a proceeding before a trial magistrate [,] ('including a
[magistrate] judge of the [Traffic] Municipal Court of Baltimore
City OR OF THE PEOPLE'S COURT OF ANY COUNTY)
[,] or a proceeding under Article 31B of the Code, title "De-
fective 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] judge of the [Traffic] Municipal Court