Marvin Mandel, Governor                       1719

CHAPTER 664
(Senate Bill 109)

AN ACT to repeal subsections (a) and (e) of Section 123 of Article
27 of the Annotated Code of Maryland (1971 Replacement Vol-
ume) , title "Crimes and Punishments," subtitle "Drunkenness and
Disorderly Conduct," and to repeal and re-enact, with amendments,
subsection (b) of said Section 123, amending the laws concerning
drunkenness and disorderly conduct in order to eliminate pro-
visions that either duplicate or are in conflict with the provisions
of Section 201 of Article 2C of the Code, and otherwise clarifying
the provisions of said Section 123 of Article 27,. AND DELETING
THE WARNING PROVISION CONCERNING DRINKING IN-
TOXICATING BEVERAGES AT A SCHOOL ATHLETIC CON-

TEST.

Section 1. Be it enacted by the General Assembly of Maryland,
That subsections (a) and (e) of Section 123 of Article 27 of the
Annotated Code of Maryland (1971 Replacement Volume), title
"Crimes and Punishments," subtitle "Drunkenness and Disorderly
Conduct," be and they are hereby repealed; and that subsection (b)
of said Section 123 be and it is hereby repealed and re-enacted, with
amendments, all to read as follows:

123.

[(a) No person in the State of Maryland shall be intoxicated and
endanger the safety of another person or property and no person in
the State of Maryland shall be intoxicated or drink any alcoholic
beverage in a public place or in or upon any public conveyance and
cause a public disturbance.]

(b) No person shall drink or have in his possession, any intoxi-
cating beverages while in attendance as a spectator or otherwise, at
any place where any elementary school, junior high school or high
school athletic contest is taking place and cause a public disturbance-;
provided that any such person [under (a) or (b) hereof] shall first
be requested by the law enforcement officer to discontinue his drink-
ing and public disturbance, and that no such person shall be charged
with a violation of this section if he promptly discontinues such
drinking and public disturbance upon the first such request.

[(e) A person who shall have been convicted or have forfeited
collateral under the provisions of subsection (a) or (b) of this section
three (3) times in the preceding twelve (12) months shall be deemed
an habitual offender and may be committed by the court to an appro-
priate alcoholism treatment facility for a period of not more than
sixty (60) days. The trial magistrates and the judges of the people's
courts of the respective counties of this State and the Municipal
Court of Baltimore City shall have concurrent jurisdiction of such
offense with the circuit court of their respective counties. Any mem-
ber of a city, town, or county or State Police force may, in lieu of
incarcerating an intoxicated person for violation of subsections (a)
or (b) of this section, take or send the intoxicated person to his home
or to a public or private health facility; provided, that the law en-
forcement officer may take reasonable measures to ascertain the