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Ch. 14
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LAWS OF MARYLAND
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1230
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SHALL BE ONE THAT SITS WITHIN THE COUNTY IN WHICH THE
OFFENSE ALLEGEDLY HAS COMMITTED.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 66 1/2,
§16-111.
26-402. RELEASE OF DEFENDANT IF COMMISSIONER NOT
AVAILABLE.
(A) EXCEPTION.
THIS SECTION DOES NOT APPLY IF THE ALLEGED OFFENSE
IS ANY FELONY OR ANY OFFENSE ENUMERATED IN §26-201 (A) (1)
THROUGH (4) AND (7) OF THIS TITLE.
(B) IN GENERAL.
IF A POLICE OFFICER ARRESTS A PERSON AND TAKES HIM
BEFORE A DISTRICT COURT COMMISSIONER AS PROVIDED IN THIS
TITLE, THE PERSON SHALL BE RELEASED ON ISSUANCE OF A
WRITTEN CITATION IF:
(1) A COMMISSIONER IS NOT AVAILABLE;
(2) A JUDGE, CLERK, OR OTHER PUBLIC OFFICER,
AUTHORIZED TO ACCEPT BAIL FOR THE COURT IS NOT AVAILABLE;
AND
(3) THE PERSON CHARGED GIVES HIS WRITTEN
PROMISE TO APPEAR IN COURT AS PROVIDED IN §26-205(F) OF
THIS TITLE.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §16-112.
In subsection (a) of this section, a reference
to §26-201(a) (7) is added. Present §16-105
was amended by Ch. 534, Acts of 1970, to add a
new subsection (a)(7) - "reckless driving" —
to the list of enumerated offenses. By
inadvertence, the cross-references in §16—112
were not conformed. The added reference here
corrects the oversight.
In subsection (b) of this section, the
present, additional requirement that "there
{be} no bail schedule established" is deleted.
The mandate for releasing a person under this
section is operative only if each of the
requirements, listed in the conjunctive, are
met; literally, therefore, the entire section
should have become inoperative in July 1971
with the creation of an Interim Bail Schedule
by the District Court, even in cases where
there is no authorized person available to
accept the bail that has been established.
This clearly illogical result is avoided and
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