Marvin Mandel, Governor                         413

offense in the City of Baltimore [shall] may be prosecuted by the
arrest of the offender for such offense and by holding him to appear
in or committing him for trial in the Criminal Court of Baltimore,
which said court shall have jurisdiction in the said cases and shall
proceed to try or dispose of the same in the same manner as other
criminal cases may be tried or proceeded with or disposed of, or
such offenses may be prosecuted by indictment in such court; and
such offense[s] in any county of this State [shall] may be prose-
cuted by the arrest of the offender for such offense and by holding
him to bail to appear in or committing him for trial in the circuit
court for the county in which such offense was committed, or by
indictment in the circuit court for such county for such offense. If
any person shall be adjudged guilty of any such offense by any court,
judge or trial magistrate having jurisdiction in the premises, he
shall be sentenced to the fine or penalty prescribed by such act of
Assembly or ordinance and shall be liable for the costs of his prose-
cution; and in default of payment of the fine or penalty he may be
committed to jail in accordance with Section 4 of this Article until
thence discharged by due course of law. Any undischarged fine, and
any unpaid costs, may be levied and executed upon as for a judg-
ment in a civil case. Any indictment for the violation of any ordi-
nance of any incorporated city or town of this State may conclude
"against the form of the ordinance in such case made and provided
and against the peace, government and dignity of the State."

Sec. 2. And be it further enacted, That Section 4 of Article 38
of the Annotated Code of Maryland (1965 Replacement Volume and
1969 Supplement), be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

4.

(a)    When a court (including the Circuit Court for any County,
the Criminal Court of Baltimore, the Municipal Court of Baltimore
City, a People's Court or Trial Magistrate) imposes a fine upon an
individual, the court may direct as follows:

(1)    that the defendant pay the entire amount of the fine at the
time sentence is imposed; or

(2)    that the defendant pay the fine in specified portions or in-
stallments at designated periodic intervals, and in such case may
direct that the fine be remitted to a probation agency or officer, who
shall report to the court in the event of any failure to comply with the
order; or

(3)    where the defendant is sentenced to a period of probation as
well as a fine, that payment of the fine be a condition of the sentence.

(b)    If the defendant fails to pay the fine as directed (and costs
shall not constitute a part of any fine), or if he is unable to pay the
fine and so represents upon application to the court, the court, after
inquiring into or making such further investigation, if any, which
it may deem necessary with regard to the defendant's financial and
family situation and the reasons for non-payment of the fine, in-
cluding whether such non-payment was contumacious or was due to
indigency, may enter any order which it could have entered under
subsection (a) of this section, or may reduce the fine to an amount