2568

LAWS OF MARYLAND

[Ch. 527

(1971 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 641 of Article 27 - Crimes and
Punishments, of the Annotated Code of Maryland (1971
Replacement Volume and 1974 Supplement) be and it is
hereby repealed:

Article 27 — Crimes and Punishments

[641

Before the conviction of a person accused of crime,
including but not limited to a person who has pleaded
guilty or nolo contendere, a court exercising criminal
jurisdiction may place the person on probation without
finding a verdict, if the person consents in writing.
The court may impose the conditions of probation it deems
proper. In all cases involving probation or probation
without finding a verdict, the court may order
restitution provided that the person is entitled to
notice and a hearing to determine the amount of
restitution, what payment will be required, and how the
payment will be made.]

SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 641 be and it is hereby added to Article 27 —
Crimes and Punishments, of the Annotated Code of Maryland
(1971 Replacement Volume and 1974 Supplement) to read as
follows:

Article 27 — Crimes and Punishments

641.

(A) WHENEVER A PERSON ACCUSED OF CRIME PLEADS
GUILTY OR NOLO CONTENDERE OR IS FOUND GUILTY OF AN
OFFENSE, A COURT EXERCISING CRIMINAL JURISDICTION, IF
SATISFIED THAT THE BEST INTERESTS OF THE PERSON AND THE
WELFARE OF THE PEOPLE OF THE STATE WOULD BE SERVED
THEREBY, AND WITH THE WRITTEN CONSENT OF THE PERSON, MAY,
AFTER DETERMINATION OF GUILT OR ACCEPTANCE OF A NOLO
CONTENDERE PLEA, STAY THE ENTERING OF JUDGMENT, DEFER
FURTHER PROCEEDINGS, AND PLACE THE PERSON ON PROBATION
SUBJECT TO REASONABLE TERMS AND CONDITIONS AS
APPROPRIATE. THE TERMS AND CONDITIONS MAY INCLUDE
ORDERING THE PERSON TO MAKE RESTITUTION, BUT BEFORE THE
COURT ORDERS RESTITUTION THE PERSON IS ENTITLED TO NOTICE
AND A HEARING TO DETERMINE THE AMOUNT OF RESTITUTION,
WHAT PAYMENT WILL BE REQUIRED, AND HOW PAYMENT WILL BE
MADE.