2704

LAWS OF MARYLAND

Ch. 921

neglects to provide for the support and maintenance of his
[wife] OR HER SPOUSE is guilty of a misdemeanor, and upon
conviction in any court of the State having criminal
jurisdiction shall be punished by a fine not exceeding $100,
or imprisonment for not more than three years, or both, in
the discretion of the court. Any person charged with a
violation of this section may be prosecuted in the
jurisdiction where he or SHE OR THE SPOUSE EITHER OF THE
PARTIES [his wife] resides. The fine may be directed by the
court to be paid in whose or in part to the [wife;] SPOUSE;
provided, that before the trial with the consent of the
defendant, or after conviction, instead of imposing the
punishment hereinbefore provided, or in addition thereto,
the court in its discretion, having regard to the
circumstances and financial ability of the defendant, may
pass an order which is subject to change by it from time to
time, as the circumstances may require, directing the
defendant to pay a certain sum weekly for the space of three
years to the [wife, ] SPOUSE, and to release the defendant
from custody on probation for the space of three years upon
[his] THE DEFENDANT entering into a recognizance in such sum
as the court shall direct, with or without sureties. Any
such order shall constitute a lien on the earnings of the
defendant and the employer is required to deduct the amount
of the decree as scon as notified by the Probation
Department. All such deductions are to be paid directly by
the employer to the notifying Probation Department. The
condition of the recognizance shall be such that if the
defendant [makes his personal appearance] PERSONALLY. APPEARS
at the court whenever ordered to do so within the three
years, and further complies with the terms of the order, or
of any subsequent modification thereof, then the
recognizance shall be void, otherwise of full force and
effect. If the court be satisfied by information and due
proof under oath, at any time during the three years, that
the defendant has violated the terms of the order, it may
forthwith proceed to the trial of the defendant under the
original indictment, or sentence [him] THE DEFENDANT under
the original conviction, as the case may be. In the case of
forfeiture of a recognizance and enforcement thereof be
execution, the sum recovered may, in the discretion of the
court, be paid in whole or in part to the [wife.] SPOUSE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 29, 1976.

CHAPTER 922
(House Bill 1182)
AN ACT concerning