MARVIN MANDEL, Governor                               399

transfers Art. 26, §145(b)(5)(i) to Art. 27.

SECTION 7A. AND BE IT FURTHER ENACTED, That Sec.

592 of Art. 27, Annotated Code of Maryland (1971 Repl.

Vol., as amended by Ch. 840, Acts. of 1973), title

Crimes and Punishments," subtitle "Venue, Procedure

and Sentence," subheading "Procedure" be and it is

hereby repealed and re-enacted with amendments, to

read as follows:

(A) In all cases INVOLVING A FELONY, OTHER THAN A

FELONY WITHIN THE JURISDICTION OF THE DISTRICT COURT,

in which the accused has not requested a preliminary

hearing within ten days after being informed by the

court or court commissioner of the availability of

such a hearing, or in all cases in which a preliminary

hearing has been held and probable cause to hold the

accused has been found, the State's Attorney may

[elect to indict the accused by presentment or] charge
by information.

(B)(1) IN ANY CASE WHERE THE DEFENDANT HAS BEEN

CHARGED WITH A FELONY, OTHER THAN A FELONY WITHIN THE

JURISDICTION OF THE DISTRICT COURT, THE DEFENDANT

SHALL BE ADVISED BY THE COURT OR COURT COMMISSIONER,

AT THE TIME OF THE INITIAL APPEARANCE REQUIRED BY THE

MARYLAND DISTRICT RULES, OF HIS RIGHT TO REQUEST A

PRELIMINARY HEARING. THE DEFENDANT MAY MAKE THAT

REQUEST AT THE TIME OF THE INITIAL APPEARANCE OR AT

ANY TIME WITHIN TEN DAYS THEREAFTER, IF THE DEFENDANT

FAILS TO REQUEST A PRELIMINARY HEARING WITHIN THE TEN
DAY PERIOD, IT IS WAIVED.

(2) IF THE STATE'S ATTORNEY ELECTS TO CHARGE

THE ACCUSED BY CRIMINAL INFORMATION, THE RIGHT OF THE
DEFENDANT TO THE PRELIMINARY HEARING IS ABSOLUTE, IF
HE HAS REQUESTED SUCH A HEARING AS SET OUT ABOVE.

(3) IF THE STATE'S ATTORNEY ELECTS TO CHARGE

THE ACCUSED BY GRAND JURY INDICTMENT, THE PRELIMINARY

HEARING IS NOT A MATTER OF RIGHT TO THE DEFENDANT BUT

MAY BE AFFORDED IN THE COURT'S DISCRETION. A

PRELIMINARY HEARING IS NOT A MATTER OF RIGHT IN ANY

OTHER CASE, BUT MAY BE AFFORDED IN ANY CASE IN THE

COURT'S DISCRETION, UPON MOTION OF THE STATE'S

ATTORNEY OR THE DEFENDANT.

SECTION 8. AND BE IT FURTHER ENACTED, That §616
1/2 of Art. 27, Annotated Code of Maryland (1971 Repl.
Vol. as amended by and added to by legislation enacted
at the 1973 regular session of the General Assembly),