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Session Laws, 1966
Volume 678, Page 59   View pdf image (33K)
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J. MILLARD TAWES, Governor                        59

CHAPTER 35
(Senate Bill 115)

AN ACT to repeal and re-enact, with amendments, Section 20 of
Article 52 of the Annotated Code of Maryland (1964 Replacement
Volume), title "Justices of the Peace", subtitle "Criminal Jurisdic-
tion", to authorize trial magistrates in Talbot County to grant pro-
bation without verdict in cases involving violation of the law pro-
hibiting possession of alcoholic beverages by minors.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 20 of Article 52 of the Annotated Code of Maryland
(1964 Replacement Volume), title "Justices of the Peace", subtitle
"Criminal Jurisdiction", be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

20.

(a)  In Talbot County all trial magistrates shall have and possess
the power and authority to suspend sentence or costs or both sentence
and costs either generally or upon condition for a definite time, in any
case within their jurisdiction, provided that such suspension is made
at the trial of the case and not after judgment is pronounced; and
said trial magistrate may make such orders and impose such terms as
to costs, recognizance for appearance or matters relating to the
residence or conduct of the defendants as may be deemed proper;
and said trial magistrate may also make such orders as to the super-
vision of the conditions of suspension as may be deemed proper,
including supervision by the State Department of Parole and Pro-
bation; provided that any such action taken shall be duly recorded
on the magistrate's docket. Said trial magistrate at any time during
the period of suspension or probation, and after notice to the pro-
bationer or person accused, and after full opportunity to him to be
heard either in person or by counsel, may alter, enlarge, modify or
change any one or more of such conditions, and may add other con-
ditions of suspension of sentence or probation.

(b)  In the event any of the conditions imposed are violated for
failure of compliance with said condition, the trial magistrate may
revoke the suspension and impose sentence.

(c)   Where the term of office of the trial magistrate by whom the
matter was originally heard has expired or where said trial magis-
trate has been removed from office, has died, resigned or has other-
wise become incapacitated, then his successor in office shall have full
power and jurisdiction to hear and determine any violation of the
conditions aforesaid and to impose sentence as fully and completely
as if the case was originally brought before said successor.

(d)  In the case of any person charged with a violation of Section
119(c) of Article 2B of this Code, as amended from time to time,
(possession of alcoholic beverages by minors), the trial magistrates
shall have the power to grant probation without verdict and to make
such orders as to probation as are authorized in subsection (a) of
this section.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1966.

Approved March 23, 1966.

 

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Session Laws, 1966
Volume 678, Page 59   View pdf image (33K)   << PREVIOUS  NEXT >>


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