MARVIN MANDEL, Governor                                 1391

THIS TITLE, IS SUBJECT TO A FINE NOT EXCEEDING $1,000,
OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH, WITH
COSTS IMPOSED IN THE DISCRETION OF THE COURT. IN
ADDITION, THE LICENSE UNDER WHICH HE OPERATED IN THE
COMMISSION OF THE VIOLATION SHALL BE SUSPENDED FOR 12
MONTHS FROM THE DATE OF THE SECOND CONVICTION. FOR
THE PURPOSE OF THIS SUBSECTION, A SECOND OR SUBSEQUENT
VIOLATION IS ONE WHICH HAS OCCURRED WITHIN TWO YEARS
OF ANY PRIOR VIOLATION OF THIS TITLE AND WHICH ARISES
OUT OF A SEPARATE SET OF CIRCUMSTANCES.

(D) VIOLATION OF RULE OR REGULATION[[, OR
RESTRICTION]]. - IN ADDITION TO ANY ADMINISTRATIVE
PENALTY PROVIDED IN THIS TITLE, VIOLATION OF ANY RULE
OR REGULATION[[, OR RESTRICTION]] PROMULGATED BY ANY
UNIT WITHIN THE DEPARTMENT PURSUANT TO THE PROVISIONS
OF THIS TITLE IS A MISDEMEANOR AND IS PUNISHABLE AS
PROVIDED IN SUBSECTIONS (B) AND (C).

REVISOR'S NOTE: Subsection (a) is new language
derived from Article 66C, sections 148,
152, 174, 177(d) , 185, as amended by
Chapter 181, Acts of 1972 and set forth
here because it has particular
applicability to wildlife.

Subsections (b) , (c) , and (d) are new
language and are patterned after the
penalty provision, section 17—101, of
Article 66 1/2 of the Code. Similar
uniform penalty provisions appear in other
titles of this Article. The Commission
decided, generally, to state only the
maximum penalty for an offense covered
under this uniform penalty provision. It
believes that within this ceiling, the
matter should be left to judicial
discretion to weigh the facts and
circumstances of each case.

However, the commission decided that where,
for policy reasons, another penalty is
specifically provided, that penalty should
be retained intact notwithstanding the fact
that it might set forth both minimum and
maximum terms. For example, see section
10-415(d) .

Language derived from Article 66C, section
199, as amended by Chapter 181, Acts of
1972, is added to subsection (b) to include