MARVIN MANDEL, Governor                                 843

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. 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.

[[(C) VIOLATION OF RULE, REGULATION, OR

RESTRICTION.— ]] (C) VIOLATION OF RULE OR

REGULATION.—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 (A) AND (B).

REVISOR'S NOTE: These subsections are new
language and are patterned after the
penalty provision, section 17-101, of
Article 66 1/2 of the Code. 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. It is intended that every
fine and cost shall be paid pursuant to
Article 38, section 4 of the Code.

The second sentence of subsection (b) is
added by action of the Legislative Council.
While the provisions of subsection (b) were
approved, it was felt that prior violations
of these statutes - most of which involve
minor offenses - should not burden someone
in perpetuity in terms of the operation of
the subsection.

5-1302. COLLECTION OF FINES.

(A) FINES COLLECTED BY DISTRICT COURT.—IF ANY
FINE IS IMPOSED BY THE DISTRICT COURT FOR A VIOLATION
OF ANY PROVISION OF THIS TITLE, THE FINE SHALL BE
COLLECTED PURSUANT TO THE PROVISIONS OF LAW OF THE