1973]                                OF THE SENATE                                    71

Amendment No. 94—

On page CJ 12-17 of the printed bill, Secs. 12-501 and 12-502, in lines
2, 3, and 17, in each case insert the word "SPECIAL" before the word
"APPEALS".

Which amendment was read and adopted,.

Amendment No. 95—

On page CJ Title 4 of the printed bill, in line 7, after the word "afore-
said;" insert "to repeal and re-enact, with amendments, Sec. 592 of Article
27 of said Code, title and subtitle as aforesaid, subheading "Procedure,"
to clarify legislative intent as to charging by criminal information or in-
dictment in certain cases, and to provide procedures in connection there-
with ;"; and on page CJ Sec. 2-10 of the bill, following the Revisor's Note
after Section 7, and immediately preceding line 29, insert:

"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be and it is hereby repealed and re-enacted, with amendments, to read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 hear-
ing within ten days after being informed by the court or court com-
missioner 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)(l) 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 APPEAR-
ANCE 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 RE-
QUEST 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 AB-
SOLUTE. 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 PRELIM-
INARY HEARING IS NOT A MATTER OF RIGHT TO THE DE-
FENDANT BUT MAY BE AFFORDED IN THE COURT'S DIS-
CRETION. A PRELIMINARY HEARING IS NOT A MATTER OF