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250 LAMS OF MARYLAND Ch. 13
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In NR §1-205(c), the following appears:
"A person may not violate his written
promise to appear ... unless {(1)}
sufficient collateral for the offense is
posted, ((2)} the fine is paid in
advance of trial, or {(3)} the person is
represented by counsel in court."
The omission of like language here may have
been an oversight. The Commission
considered a new subsection (d) for this
section to provide: "A person may not violate
his written promise to appear in court unless
the person is represented in court by
counsel". The proposal purposefully omitted
what is indicated above as (1) and (2) of NR
§1-205, since imprisonment is a possible
penalty for violation of this title and,
consequently, a prepaid fine or collateral
would not appear to be appropriate. (In fact,
imprisonment is a possible penalty for
offenses covered by NR §1-205 as well;
consideration might be given, therefore, to
deleting items (1) and (2) or - alternatively
- restricting its application to offenses
punishable only by a fine.) However, the
Commission rejected the proposal, considering
the matter to be one best left to
consideration by the General Assembly. Some
objected to the permitted "appearance by
counsel", as discriminating against those who
cannot afford counsel. Also, an objection was
raised to the failure of the language to
recognize impossibility or other causes for
which the court might excuse a failure to
appear. (These objections also should be
considered with respect to NR §1-205 and
§26—207 of this article, as well.)
5-1105. PENALTY.
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, ANY
PERSON WHO VIOLATES ANY PROVISION OF THIS TITLE OR OF ANY
RULE, REGULATION, OR ORDER ADOPTED OR ISSUED UNDER THIS
TITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $500 OR IMPRISONMENT NOT
EXCEEDING 90 DAYS OR BOTH.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §10-1003 (a).
The reference to a violation being a
"misdemeanor" is added for clarity.
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The only other changes are in style.
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