3108

LAWS OF MARYLAND

Ch. 493

(II)  THE APPEAL SHALL BE MADE BEFORE
JEOPARDY ATTACHES TO THE DEFENDANT. HOWEVER, IN ALL CASES
THE APPEAL SHALL BE TAKEN NO MORE THAN 15 DAYS AFTER THE
DECISION HAS BEEN RENDERED AND SHALL BE DILIGENTLY
PROSECUTED.

(III)  BEFORE TAKING THE APPEAL, THE STATE
SHALL CERTIFY TO THE COURT THAT THE APPEAL IS NOT TAKEN FOR
PURPOSES OF DELAY AND THAT THE EVIDENCE EXCLUDED OR THE
PROPERTY REQUIRED TO BE RETURNED IS SUBSTANTIAL PROOF OF A
MATERIAL FACT IN THE PROCEEDING. THE APPEAL SHALL BE HEARD
AND THE DECISION RENDERED WITHIN 120 DAYS OF THE TIME THAT
THE RECORD ON APPEAL IS FILED IN THE APPELLATE COURT.
OTHERWISE, THE DECISION OF THE TRIAL COURT SHALL BE FINAL.

(IV)   IF THE STATE APPEALS ON THE BASIS OF
THIS PARAGRAPH, AND IF ON FINAL APPEAL THE DECISION OF THE
TRIAL COURT IS AFFIRMED, THE CHARGES AGAINST THE DEFENDANT
SHALL BE DISMISSED IN THE CASE FROM WHICH THE APPEAL WAS
TAKEN. IN THAT CASE, THE STATE MAY NOT PROSECUTE THE
DEFENDANT ON THOSE SPECIFIC CHARGES OR ON ANY OTHER RELATED
CHARGES ARISING OUT OF THE SAME INCIDENT.

(5) (I) (V) PENDING THE PROSECUTION AND
DETERMINATION OF AN APPEAL TAKEN UNDER PARAGRAPHS (2) (1) OR
(4) (3) OF THIS SUBSECTION, THE DEFENDANT SHALL BE RELEASED
ON PERSONAL RECOGNIZANCE BAIL. IF THE DEFENDANT FAILS TO
APPEAR AS REQUIRED BY THE TERMS OF THE RECOGNIZANCE BAIL,
THE TRIAL COURT SHALL SUBJECT THE DEFENDANT TO THE PENALTIES
PROVIDED IN ARTICLE 27, § 12B.

(VI) IF THE STATE LOSES THE APPEAL, THE
JURISDICTION SHALL PAY ALL THE COSTS RELATED TO THE APPEAL,
INCLUDING REASONABLE ATTORNEY FEES INCURRED BY THE DEFENDANT
AS A RESULT OF THE APPEAL.

(II) IF THE DEFENDANT FAILS TO APPEAR AS
REQUIRED BY THE TERMS OF THE RECOGNIZANCE BAIL; THE TRIAL
COURT SHALL SUBJECT THE DEFENDANT TO THE PENALTIES PROVIDED
IN ARTICLE 27, § 12B OF THE CODE.

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

Approved June 1, 1982.

CHAPTER 494
(Senate Bill 50)