3056

LAWS OF MARYLAND

Ch. 475

(1976 Replacement Volume and 1981 Supplement)

BY repealing and reenacting, without amendments,

Article 27 - Crimes and Punishments

Section 441(e)

Annotated Code of Maryland

(1976 Replacement Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article 27 - Crimes and Punishments

36B.

(d)  Any person who shall use a handgun in the
commission of any felony or any crime of violence as defined
in § 441 of this article, shall be guilty of a separate
misdemeanor and on conviction thereof shall, in addition to
any other sentence imposed by virtue of commission of said
felony or misdemeanor[,]:

(1)  FOR A FIRST OFFENSE, be sentenced to the
Maryland Division of Correction for a term of not less than
[five] 5 nor more than [fifteen] 15 years, and it is
mandatory upon the court to impose no less than the minimum
sentence of [five] 5 years.

(2)  FOR A SECOND OR SUBSEQUENT OFFENSE, BE
SENTENCED TO THE MARYLAND DIVISION OF CORRECTION FOR A TERM
OF NOT LESS THAN 5 NOR MORE THAN 15 YEARS, AND IT IS
MANDATORY UPON THE COURT TO IMPOSE NO LESS THAN A MINIMUM
CONSECUTIVE SENTENCE OF 5 YEARS WHICH SHALL BE SERVED
CONSECUTIVELY AND NOT CONCURRENTLY TO ANY OTHER SENTENCE
IMPOSED BY VIRTUE OF THE COMMISSION OF SAID FELONY OR
MISDEMEANOR.

441.

(e)  The term "crime of violence" means abduction;
arson; burglary, including common-law and all statutory and
storehouse forms of burglary offenses; escape;
housebreaking; kidnapping; manslaughter, excepting
involuntary manslaughter; mayhem; murder; rape; robbery; and
sodomy; or an attempt to commit any of the aforesaid
offenses; or assault with intent to commit any other offense
punishable by imprisonment for more than one year.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.