MARVIN MANDEL, Governor                                       131

proposed for deletion as unnecessary and
confusing. Rule Z45 provides that "the
writ shall be ... returnable before the
judge granting it or in his discretion

before some other judge or court designated

in the writ..." (emphasis supplied) Rule
Z49 provides that "if the judge designated
in the writ is unavailable when the person
confined or restrained is produced, such
person shall be produced before another
judge of the same circuit..."

It all indicates that a judge who issued
the writ is not necessarily the presiding
judge at the habeas corpus hearing. In
addition, Rule Z45 clearly indicates that a
judge who issued the writ may designate

that the writ is returnable before some

other court. (emphasis supplied).

In subsection (d), the provisions dealing
with procedure when the person is admitted
to bail are completely revised because of
the archaic style in which the provisions
are presented.

SEC. 3-705. PERSONS DISCHARGED NOT TO BE IMPRISONED
FOR SAME OFFENSE.

(A)   IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (B) ,      A PERSON

WHO HAS BEEN RELEASED ON HABEAS CORPUS   MAY NOT BE

IMPRISONED OR COMMITTED IN CONNECTION WITH      THE SAME
OFFENSE.

(B)   EXCEPTION.

A PERSON WHO HAS BEEN RELEASED ON HABEAS CORPUS
MAY BE IMPRISONED OR COMMITTED IN CONNECTION WITH THE
SAME OFFENSE.

(1)   BY ORDER OF THE COURT FOR VIOLATION OF
THE TERMS OF HIS RELEASE;

(2)      BY ORDER OF ANY COURT HAVING
JURISDICTION OVER THE CASE;

(3)   UPON SURRENDER BY HIS BONDSMAN; OR

(4)   UPON HIS CONVICTION.