2304                                          LAWS OF MARYLAND                      [Ch. 683

SECTION 3. AND BE IT FURTHER ENACTED, That Section
12(a) of Article 43B — Comprehensive Drug Abuse Control
and Rehabilitation Act, of the Annotated Code of Maryland
(1971 Replacement Volume and 1973 Supplement) be and it
is hereby repealed and re—enacted, with amendments, to
read as follows:

Article 43B - Comprehensive Drug Abuse Control
and Rehabilitation Act

12.

(a) Upon conviction of a defendant of any crime in
any court of this State having competent jurisdiction, if
it appears to the presiding judge by any reason that the
defendant may be a drug addict, and the judge elects to
proceed herein, the judge shall adjourn the proceedings,
suspend the imposition of sentence, and may order the
State's attorney to file a petition in the appropriate
circuit or [district court] DISTRICT COURT instituting a
civil proceeding for the commitment of the defendant to
the care and custody of the Authority. However, if the
defendant notifies the presiding judge of his desire to
be committed to the care and custody of the Authority,
the judge may order the defendant's attorney or State's
attorney to file the petition in the appropriate circuit
or [district court] DISTRICT COURT. No person may be
eligible for commitment under this section if he is
presently serving a sentence in a correctional
institution, is awaiting sentencing on a conviction of a
crime punishable by more than ten years imprisonment or
death, except larceny, or has other criminal charges
pending against him.

SECTION 4. AND BE IT FURTHER ENACTED, That Section
22(e) of Article 59 — Mental Hygiene, of the Annotated
Code of Maryland (1972 Replacement Volume and 1973
Supplement) be and it is hereby repealed and re—enacted,
with amendments, to read as follows:

Article 59 — Mental Hygiene
22.

(e) If the petitioner is a peace officer of the
rank of sergeant or higher or a duly licensed physician,
the petition shall receive judicial review within
twenty—four (24) hours of the time the emergency admittee
was taken into custody. The judicial review shall
consist of a hearing before any judge of a [district
court] DISTRICT COURT or circuit court for the purpose of
reviewing the petition, interviewing the petitioner and
considering all the other pertinent data, including the