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HARRY HUGHES1, Governor
1069
Defined terms: "Department" § 1-101
"Includes"/"including" § 1-101
20-206. PENALTIES.
A PERSON WHO VIOLATES ANY PROVISION OF THIS PART PART I
OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.
REVISOR'S NOTE: This section is new language that
combines, without substantive change, former
Article 43, §§ 129A(c) and 129B(b).
Defined term: "Person" § 1-101
20-207. RESERVED.
20-208. RESERVED.
PART II. RESERVED.
GENERAL REVISOR'S NOTE:
The Commission to Revise the Annotated Code decided not
to revise Article 43, §§ 137 and 139 due to the controversy
concerning the constitutional issues of these provisions;
but to leave these provisions in their present place for
later disposition and reserve Part II of this subtitle for
their future placement.
In 62 Op. Att'y Gen. 3 (1977), the Attorney General
rendered an opinion on the impact of the Supreme Court
decisions in Roe v. Wade, 410 U.S. 113 (1973), and Doe v.
Bolton, 410 U.S. 179 (1973). The opinion cites Roe v. Wade,
410 U.S. 113 (1973); Doe v. Bolton, 410 U.S. 179 (1973);
Vuitch v. Hardy, 473 F. 2d 1370 (1973); State v. Ingel, 18
Md. App. 514 (1973); and Shell Oil Company v. Supervisors
of Assessments, 276 Md. 36 (1975). After a review of these
cases, the following summary was made:
{T}he effect of the decisions in Roe v. Wade,
supra, and Doe v. Bolton, supra, is that: (1)
the portions of Article 43, Sections 137 and 139
that require that an abortion be performed in an
accredited and licensed hospital are
unconstitutional; (2) Article 43, Section
137(a)(1), (2), (3) and (4) limiting abortions to
situations where one or more of the enumerated
conditions exist is unconstitutional; (3) Article
43, Section 137(b) insofar as it prohibits
abortion after twenty-six weeks gestation (except
in the limited circumstances referred to therein)
is unconstitutional; and (4) Article 43, Section
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