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MARVIN MANDEL, Governor 2725
VIOLENCE.
(a) As used in this section, the term "crime of
violence" means abduction; arson; kidnapping;
manslaughter, except involuntary manslaughter; mayhem;
murder; rape; robbery; sexual offense in the first
degree; [and] sexual offense in the second degree; USE OF
A HANDGUN IN THE COMMISSION OF A FELONY OR OTHER CRIME OF
VIOLENCE; or an attempt to commit any of these [offences]
OFFENSES; AND THE TERM "CORRECTIONAL INSTITUTION"
INCLUDES PATUXENT INSTITUTION AND A LOCAL OR REGIONAL
JAIL OR DETENTION CENTER.
(b) Any person who has served three separate terms
of confinement in a correctional institution as a result
of three separate convictions of any crime of violence
shall be sentenced, on being convicted a fourth time of a
crime of violence, to life imprisonment without the
possibility of parole. Regardless of any other law to
the contrary, the provisions of this section are
mandatory.
(C) ANY PERSON WHO (1) HAS BEEN CONVICTED ON TWO
SEPARATE OCCASIONS OF A CRIME OF VIOLENCE WHERE THE
CONVICTIONS DO NOT ARISE FROM A SINGLE INCIDENT, AND (2)
HAS SERVED AT LEAST ONE TERM OF CONFINEMENT IN A
CORRECTIONAL INSTITUTION AS A RESULT OF A CONVICTION OF A
CRIME OF VIOLENCE, SHALL BE SENTENCED, ON BEING CONVICTED
A THIRD TIME OF A CRIME OF VIOLENCE, TO IMPRISONMENT FOR
THE TERM ALLOWED BY LAW, BUT, IN ANY EVENT, NOT LESS THAN
25 YEARS. NEITHER THE SENTENCE NOR ANY PART OF IT MAY BE
SUSPENDED, AND THE PERSON SHALL NOT BE ELIGIBLE FOR
PAROLE EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 31B, § 11.
(D) IF THE STATE INTENDS TO PROCEED AGAINST A
PERSON AS A SUBSEQUENT OFFENDER UNDER THIS SECTION, IT
SHALL COMPLY WITH THE PROCEDURES SET FORTH IN THE
MARYLAND RULES FOR THE INDICTMENT AND TRIAL OF A
SUBSEQUENT OFFENDER.
645A.
(a) Any person convicted of a crime and either
incarcerated under sentence of death or imprisonment or
on parole or probation, including any person confined or
on parole or probation as a result of a proceeding before
the District Court [or a proceeding under Article 31B of
the Code, title "Defective Delinquents,"] who claims that
the sentence or judgment was imposed in violation of the
Constitution of the United States or the Constitution or
laws of this State, or that the court was without
jurisdiction to impose the sentence, or that the sentence
exceeds the maximum authorized by law, or that the
sentence is otherwise subject to collateral attack upon
any ground of alleged error which would otherwise be
available under a writ of habeas corpus, writ of coram
nobis, or other common-law or statutory remedy, may
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