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Ch. 314
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1082
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LAWS OF MARYLAND
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CHAPTER 314
(Senate Bill 175)
AN ACT concerning
Criminal Law - Handguns - Subsequent
Offenders
FOR the purpose of altering the maximum sentence that may be
imposed on those convicted of a second or subsequent offense
for the use of a handgun in the commission of a felony or
any crime certain other crimes of violence.
BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 36B(d)
Annotated Code of Maryland
(1982 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read 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 5 nor more
than 20 years, and it is mandatory upon the court to impose no
less than the minimum sentence of 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] 20 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.
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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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