Marvin Mandel, Governor                         663

notice to appear before a [magistrate] court as hereinbefore pro-
vided, the [magistrate] court shall be a [magistrate] court within
the county in which the offense charged is alleged to have been com-
mitted [and who has jurisdiction of the offense] and is nearest or
most accessible with reference to the place the alleged violation oc-
curred [, except that when the offense is alleged to have been com-
mitted within an incorporated municipality wherein there is an es-
tablished court having jurisdiction of the offense, the person shall be
taken without unnecessary delay before that court. For the pur-
pose of this subtitle, the terms "magistrate" and "court" include
magistrates and courts having jurisdiction of offenses under this ar-
ticle as committing magistrates and courts and those having juris-
diction of the trials of such offenses].

§ 16-112. Release of defendant when [magistrate] commissioner
not available.

Whenever any person is taken into custody by an officer for the
purpose of taking him before a [magistrate] District Court commis-
sioner or court as authorized or required in this subtitle, upon any
charge other than a felony or the offenses enumerated in paragraphs
(1), (2), (3), and (4) of subsection (a) of § 16-105, and no [magis-
trate] commissioner is available at the time of arrest, and there is
no bail schedule established [by any magistrate or court] and no
lawfully designated court clerk or other public officer who is available
and authorized to accept bail upon behalf of the [magistrate] com-
missioner or court, the person shall be released from custody upon the
issuance to him of a written traffic citation and his signing a promise
to appear, as provided in § 16-109.

§ 16-113. Failure to obey citation.

(c) Issuance of warrant or summons.—If any person fails to ap-
pear in accordance with his promise, the [magistrate] District
Court judge shall issue a warrant for the arrest of the person or in
lieu of the warrant shall send, by registered mail with return receipt
requested, a summons to the person at his last known address setting
the case for trial on a date at least 2 weeks subsequent to the orig-
inal date of trial. All costs and expenses incurred by the sheriff in the
execution of the warrant shall be assessed against and collected from
the person so arrested by the [magistrate] District Court Judge to
whom the writ is returnable, and by him remitted to the sheriff who
shall have executed the warrant.

§ 16-117. Forms used to prosecute traffic offenses.

(b) Disposition of forms; records.—The Commissioner may pre-
scribe administrative controls and regulations governing the dispo-
sition of forms and prescribing records to be kept of the disposition
of offenses charged therein. The controls and regulations shall be bind-
ing upon every traffic-enforcement agency, and police officer, [mag-
istrate, and trial court] having jurisdiction over traffic offenses and
over charges of violating any provision of this article, and the execu-
tive officer of every agency [,] and every police officer [, every mag-
istrate, and every judge of every court ] shall prepare or cause to be
prepared records and reports the Commissioner prescribes pursuant