MARVIN MANDEL, Governor                                       129

REVISOR'S NOTE: This section presently appears as
Art. 42, §1. The only changes made are in
style.

SEC. 3-702. PERSON WHO MAY APPLY FOR WRIT.

(A)   PETITION.

A PERSON COMMITTED, DETAINED, CONFINED, OR
RESTRAINED FROM HIS LAWFUL LIBERTY WITHIN THE STATE
FOR ANY ALLEGED OFFENSE OR UNDER ANY COLOR OR PRETENSE
OR ANY PERSON IN HIS BEHALF, MAY PETITION FOR THE WRIT
OF HABEAS CORPUS TO THE END THAT THE CAUSE OF THE
COMMITMENT, DETAINER, CONFINEMENT, OR RESTRAINT MAY BE
INQUIRED INTO.

(B)   PROCEDURE UPON RECEIVING PETITION.

UPON RECEIVING THE PETITION, A JUDGE SHALL GRANT
THE WRIT OF HABEAS CORPUS IMMEDIATELY, IF IT APPEARS
THAT THE PETITIONER IS ENTITLED TO THE RELIEF.

REVISOR'S NOTE: This section presently appears as
Art. 42, §3. This section is divided into
two subsections for the purpose of clarity.
Subsection (a) is revised with a view to
Rule 41. The term "application" is
replaced with "petition" because
"application" for the writ of habeas corpus
is by "petition". See Vol. 2 Poe —
Pleading and Practice, Tiffany's Edition,
§720. The only other changes made are in
style.

SEC. 3-703, DISCRETION OF JUDGE WHEN PRIOR WRIT HAS
BEEN REFUSED.

(A)    [[ISSUANCE OF WRIT WHEN HEARING ON PRIOR
PETITION FOR RELEASE WAS GRANTED]] ISSUANCE OF WRIT
WHEN HEARING WAS HELD ON PRIOR PETITION FOR RELEASE.

IF IT APPEARS TO THE JUDGE FROM THE PETITION FOR
THE WHIT OR OTHERWISE, THAT A PETITIONER, CONFINED AS
A RESULT OF SENTENCE FOR A CRIMINAL OFFENSE, JUDGMENT
IN A JUVENILE PROCEEDING, OR AS A DEFECTIVE
DELINQUENT, HAS PREVIOUSLY BEEN GIVEN A HEARING ON A
PRIOR PETITION FOR RELEASE FROM CONFINEMENT UNDER THE
SAME COMMITMENT, IT IS DISCRETIONARY WITH THE JUDGE
WHETHER OR NOT TO ISSUE THE WRIT.

(B)   FACTORS TO BE CONSIDERED.