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1059
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HARRY HUGHES, Governor
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consent of such person stay the entering of the judgment of
guilt, defer further proceedings, and place such person on
probation subject to such reasonable terms and conditions as may
be appropriate. [and]
(2) THE TERMS AND CONDITIONS MAY INCLUDE ORDERING THE
PERSON TO PAY A FINE OR PECUNIARY PENALTY TO THE STATE, TO BE
PAID THROUGH THE OFFICE OF THE CLERK OF THE COURT. BEFORE THE
COURT ORDERS A FINE OR PECUNIARY PENALTY, THE PERSON IS ENTITLED
TO NOTICE AND A HEARING TO DETERMINE THE AMOUNT OF THE FINE OR
PECUNIARY PENALTY, WHAT PAYMENT WILL BE REQUIRED, AND HOW PAYMENT
WILL BE MADE. 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. THE COURT may in
addition require that such person undergo inpatient or outpatient
treatment for drug abuse.
(3) By consenting to and receiving a stay of entering
of the judgment of guilt as provided by this subsection, the
person waives all rights 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 of guilt, the court shall notify
the person that by consenting to and receiving the stay of entry
of judgment, he waives the right to appeal from the judgment of
guilt by the court at any time.
(4) Upon violation of a term or condition, the court
may enter a judgment of conviction and proceed as otherwise
provided. Upon fulfillment of the terms and conditions, the
court shall discharge such person and dismiss the proceedings
against him. Discharge and dismissal under this section shall be
without a judgment of conviction and shall not be deemed a
conviction for purposes of disqualifications or disabilities
imposed by the law upon conviction of a crime including the
additional penalties imposed for second or subsequent convictions
under § 293 of this subheading. Discharge and dismissal under
this section may occur only once with respect to any person.
[and in addition any]
(5) ANY public criminal record in any such case shall
be expunged upon the satisfactory completion of any such period
of probation. Any expunged arrest and/or conviction shall not
thereafter be regarded as an arrest or conviction for purposes of
employment, civil rights, or any statute or regulation or license
or questionnaire or any other public or private purpose, provided
that any such conviction shall continue to constitute an offense
for purposes of this subheading or any other criminal statute
under which the existence of a prior conviction is relevant.
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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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