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1039
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HARRY HUGHES, Governor
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(a) (1) (i) Whenever a person accused of a crime pleads
guilty or nolo contendere or is found guilty of an offense, a
court exercising criminal jurisdiction, if satisfied that the
best interests of the person and the welfare of the people of the
State would be served thereby, and with the written consent of
the person after determination of guilt or acceptance of a nolo
contendere plea, may stay the entering of judgment, defer further
proceedings, and place the person on probation subject to
reasonable terms and conditions as appropriate. The terms and
conditions may include ordering the person to pay a fine or
pecuniary penalty to the State, or to make restitution, but
before the court orders a fine, pecuniary penalty, or restitution
the person is entitled to notice and a hearing to determine the
amount of the fine, pecuniary penalty, or restitution, what
payment will be required, and how payment will be made. The
terms and conditions also may include any type of rehabilitation
program or clinic, or similar program, or the parks program or
voluntary hospital program.
(ii) However, when the offense for which the
judgment is being stayed is for violation of Section 21-902(a) or
21-902(b) of the Transportation Article, the court shall impose a
period of probation and as a condition thereof require the person
to participate in an alcohol treatment or education program
approved by the Administrative Office of the Court as a condition
of the probation, unless the court finds and affirmatively states
on the record that the interests of the person and the people of
the State do not require the imposition of this condition.
(iii) Any fine or pecuniary penalty imposed as
a term or condition of probation shall be within the amount
prescribed by law for a violation resulting in conviction.
(2) Notwithstanding paragraph (1) of this subsection,
a court may not stay the entering of judgment and place a person
on probation for a second or subsequent [finding of guilt]
VIOLATION of § 21-902(a) or (b) of the Transportation Article IF
THE SECOND OR SUBSEQUENT VIOLATION OCCURRED WITHIN 10 5 YEARS OF
THE PREVIOUS VIOLATION. A PERSON IS IN VIOLATION OF § 21-902(A)
OR (B) IF THAT PERSON RECEIVES PROBATION UNDER THIS SECTION.
(3) By consenting to and receiving a stay of entering
of the judgment as provided by this subsection, the person waives
the right to appeal from the judgment of guilt by the court at
any time. Prior to the person consenting to the stay of entering
of the judgment, the court shall notify the person that by
consenting to and receiving a stay of entry of judgment, the
person waives the right to appeal from the judgment of guilt by
the court at any time.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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