Marvin Mandel, Governor                      ' 701

CHAPTER 184
(Senate Bill 9)

AN ACT to repeal and re-enact, with amendments, Sections 9 (a) and
12(a) of Article 43B of the Annotated Code of Maryland (1971
Replacement Volume), title "Comprehensive Drug Abuse Control
and Rehabilitation Act," to grant jurisdiction to the district courts
to consider petitions for commitment to the care and custody of
the Drug Abuse Authority, and to provide that the defendant's
attorney OR STATE'S ATTORNEY may be ordered in certain
cases to file the commitment petition if the convicted defendant
desires commitment, and correcting certain errors therein.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 9(a) and 12(a) of Article 43B of the Annotated Code
of Maryland (1971 Replacement Volume), title "Comprehensive Drug
Abuse Control and Rehabilitation Act," be and they are hereby re-
pealed and re-enacted, with amendments, to read as follows:

9.

(a) A judge of the Supreme Bench of Baltimore City or of the
circuit court of the various counties or of the district court who has
jurisdiction within the judicial district where an alleged drug addict,
as defined in this article, resides or where he may be found, may
certify such drug addict in a civil proceeding to the care and custody
of the Authority in the manner hereinafter provided; except that no
person presently committed to the care and custody of the Authority
under court order, and no person who has pending against him any
criminal action or proceeding and no person presently confined in a
correctional institution shall be certified to the Authority pursuant to
this section.

12.

(a) Upon conviction of a defendant of any crime in any court of
this State having competent jurisdiction, if it appears to the presiding
judge by any reason that the defendant may be a drug addict, and
the judge elects to proceed herein, [such] the judge shall adjourn the
proceedings, suspend the imposition of sentence, and may order the
State's attorney to file a petition in the appropriate circuit or district
court [for that judicial district] instituting a civil proceeding for
the commitment of the defendant to the care and custody of the
Authority. However, if the defendant notifies the presiding judge of
his desire to be committed to the care and custody of the Authority,
the judge may order the defendant's attorney OR STATE'S AT-
TORNEY to file the petition in the appropriate circuit or district
court. [However, no] No person may be eligible for commitment
under this section if he is presently serving a sentence in a correc-
tional institution, is awaiting sentencing on a conviction of a crime
punishable by more than ten years imprisonment or death, except
larceny, or has other criminal charges pending against him.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved May 5, 1972.