MARVIN MANDEL, Governor                                     401

POST THE BOND BY EXECUTING IT IN THE FULL PENALTY
AMOUNT AND BY DEPOSITING WITH THE CLERK OF THE COURT
OR A COMMISSIONER A SUM OF MONEY EQUAL TO 10% OF THE
PENALTY AMOUNT OR $25, WHICHEVER IS GREATER. A JUDGE
MAY INCREASE THE PERCENTAGE OF CASH SURETY REQUIRED IN
A PARTICULAR CASE BUT IN NO EVENT SHALL A CASH DEPOSIT
BE LESS THAN $25. THIS PARAGRAPH DOES NOT APPLY IF
THE DEFENDANT HAS BEEN ARRESTED FOR FAILURE TO APPEAR
IN COURT OR FOR CONTEMPT OF COURT.

(3)   UPON DEPOSITING THE SUM PROVIDED IN PARAGRAPH
(2) HEREOF AND EXECUTING THE RECOGNIZANCE, THE
DEFENDANT SHALL BE RELEASED FROM CUSTODY SUBJECT TO
THE CONDITIONS OF THE BAIL BOND. WHEN ALL CONDITIONS
OF THE BOND HAVE BEEN PERFORMED WITHOUT DEFAULT AND
THE DEFENDANT HAS BEEN DISCHARGED FROM ALL OBLIGATIONS
IN THE CAUSE FOR WHICH THE RECOGNIZANCE WAS POSTED,
THE CLERK OF THE COURT SHALL RETURN THE AMOUNT
DEPOSITED TO THE PERSON OR PRIVATE SURETY WHO FIRST
DEPOSITED IT.

(4)    IF THE DEFENDANT FAILS TO PERFORM ANY OR ALL
OF THE CONDITIONS OF THE BAIL BOND, IT SHALL BE
FORFEITED; AND IN THE EVENT OF FORFEITURE, THE
LIABILITY OF THE BOND SHALL EXTEND TO THE FULL AMOUNT
OF THE BOND SET AND THE AMOUNT PREVIOUSLY POSTED AS A
DEPOSIT SHALL BE APPLIED TO REDUCE THE LIABILITY
INCURRED BY THE FORFEITURE.

REVISOR'S NOTE: Subsection (b) contains the
substance of Art. 26, §145 (b) (6) (i)-(iv) , all
of which are proposed for repeal; see also
MDR 777. Provisions dealing with power to
issue warrants, etc. are placed elsewhere in
Art. 27.

(C) Any person charged with an offense
hereinafter enumerated committed daring the time that
person had been released on bail or his own
recognizance for committing an offense hereinafter
enumerated, is ineligible to give bail or be released
on recognizance on the subsequent charge, until all
prior charges hereunder have finally been determined
by the courts. But a person charged with a subseguent
crime hereinafter set forth, may rebut his
ineligibility for release on bail or recognizance
before determination of the prior charge. If, after
consideration of the matters presented in rebuttal,
the court hearing the application for bail is
persuaded that the applicant would not pose a danger
to any other person or to the community, and would