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Session Laws, 1982
Volume 742, Page 253   View pdf image
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HARRY HUGHES, Governor

253

contained in Article 27, § 643 of the Code, which
sets forth the general rule that, notwithstanding
a prescribed minimum penalty, the court
nevertheless may impose a lesser penalty of the
same character.

The only other changes are in style.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that subsection (a) of this section provides for
a more severe penalty than subsection (b) of this
section although the latter applies to public
officers, who ordinarily are held to a higher
standard than a citizen. Also, the Commission
notes that the differences, if any, intended
between the terms "violate" in subsection (a) of
this section and "neglects or refuses to comply"
in subsection (b) of this section are unclear.
The Commission suggests that subsection (b) of
this section is intended to apply to misfeasance
in office rather than violations of law.

Defined terms: "Person" § 1-101
"Public officer" § 5-401

SUBTITLE 5. MISCELLANEOUS PROVISIONS.

5-501. CONSENT FOR POSTMORTEM EXAMINATION.

(A)  IN GENERAL.

CONSENT FOR A POSTMORTEM EXAMINATION OF A BODY BY A
PHYSICIAN IS SUFFICIENT IF THE CONSENT IS GIVEN AS PROVIDED
IN THIS SECTION.

(B)  PERSONS AUTHORIZED TO CONSENT.

(1) THE CONSENT MAY BE GIVEN BY ANY ONE OF THE
FOLLOWING PERSONS IF THAT PERSON, WHETHER ALONE OR WITH
ANOTHER, HAS ASSUMED CONTROL OF THE BODY FOR ITS FINAL
DISPOSITION:

(I)  A PARENT;

(II)  A SPOUSE;

(III)  A CHILD;

(IV)  A GUARDIAN;

(V)  A NEXT OF KIN; OR

(VI) IN THE ABSENCE OF THESE PERSONS, ANY
OTHER PERSON.

 

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Session Laws, 1982
Volume 742, Page 253   View pdf image
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