MARVIN MANDEL, Governor                                2157

children or descendants of such deceased child. All
money paid by virtue of such an order shall be charged as
a debt or debts against the estate of the decedent.
Upon payment of the sum or sums ordered to be paid as
aforesaid, any bond furnished in the proceedings by the
decedent shall be cancelled and the sureties thereon
discharged.

SECTION 7. AND BE IT FURTHER ENACTED, That Section
88(b) of Article 27 - Crimes and Punishments, of the
Annotated Code of Maryland (1971 Replacement Volume and
1975 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:

Article 27 — Crimes and Punishments

88.

(b) (1) Any parent who [shall desert] DESERTS or
wilfully [neglect] NEGLECTS to provide for the support
and maintenance of his or her child under [eighteen years
of] THE age [shall be deemed] OF 18 IS guilty of a
misdemeanor[,] and upon conviction [in any court having
criminal jurisdiction shall be punished by] IS SUBJECT TO
a fine [of] not exceeding [one hundred dollars] $100, or
imprisonment [in the Maryland House of Correction, or in
the Maryland Reformatory for Women, or in jail, for not
more than] NOT EXCEEDING three years, or both[, in the
discretion of the court].

(2)    Any parent charged with a violation of
this section may be prosecuted in the jurisdiction where
he or she or the child resides. JURISDICTION OF A
CRIMINAL COURT UNDER THIS SECTION IS NOT AFFECTED BY
COMMENCEMENT OF A CIVIL SUPPORT ACTION BEFORE OR AFTER
PROSECUTION UNDER THIS SECTION.

(3)    [Provided, that] HOWEVER, before the
trial with the consent of the defendant[,] or after
conviction, instead of OR IN ADDITION TO imposing the
punishment [hereinbefore] provided[, or in addition
thereto] IN PARAGRAPH (1) OF THIS SUBSECTION, the court,
in its discretion, having regard to the circumstances and
financial ability of the defendant, [shall have the power
to] MAY pass an order [which shall be] THAT, subject to
change by [it] THE COURT from time to time[,] as the
circumstances [may] require, [directing] DIRECTS the
defendant to pay a certain sum weekly for the space of
three years to the person or institution having custody
of the minor child or children[,] or, if THE DIVISION OF
CHILD SUPPORT ENFORCEMENT OF THE SOCIAL SERVICES
ADMINISTRATION HAS RECEIVED AN ASSIGNMENT UNDER ARTICLE
88A, §[[59]] 48, TO THE DIVISION. IF THERE IS an
agreement [be had] with respect to such child or
children, [and to] THE COURT MAY PASS AN ORDER DIRECTING
THAT THE DEFENDANT ADHERE TO THE PROVISIONS OF THE
AGREEMENT FOR CHILD SUPPORT AND MAKE PAYMENTS UNDER THE
AGREEMENT TO THE [[DIVISION OF PAROLE AND PROBATION OR TO