HARRY HUGHES, Governor

3107

FOR the purpose of providing that in certain criminal cases
the State may appeal from certain decisions of the
trial courts concerning the admissibility of evidence
and the return of seized property; specifying the
conditions under which the appeals may be taken;
providing that under certain circumstances in certain
appeals under this Act the State may not prosecute the
defendant on certain charges; providing in certain
cases for the release of criminal defendants on
personal recognizance bail; providing for certain
sanctions for the failure of certain defendants to fail
to appear on a personal recognizance bond; providing
for the payment of costs by certain persons in certain
cases; making certain technical corrections to the
language, style of expression, and language usage in
certain provisions of the Annotated Code of Maryland;
and generally relating to the State's right to appeal
in certain criminal cases.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 12-302(c)

Annotated Code of Maryland

(1980 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 - Courts and Judicial Proceedings

12-302.

(c) (1) In a criminal case, the State may appeal[:]
ONLY AS PROVIDED IN THIS SUBSECTION.

[(1) [From] (2) THE STATE MAY APPEAL FROM a
final judgment granting a motion to dismiss or quashing or
dismissing any indictment, information, presentment, or
inquisition[; and].

[(2) [From] (3) THE STATE MAY APPEAL FROM a
final judgment if the State alleges that the trial judge
failed to impose the sentence specifically mandated by the
Code.

(4) (3) (I) THE IN A CASE INVOLVING A CRIME OF
VIOLENCE AS DEFINED IN § 643B OF ARTICLE 27, THE STATE MAY
APPEAL FROM A DECISION OF A TRIAL COURT THAT EXCLUDES
EVIDENCE OFFERED BY THE STATE OR REQUIRES THE RETURN OF
PROPERTY ALLEGED TO HAVE BEEN SEIZED IN VIOLATION OF THE
CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF
MARYLAND, OR THE MARYLAND DECLARATION OF RIGHTS.