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2006 LAWS OF MARYLAND
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Ch. 327
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sentenced to imprisonment for not less than 10 years and is subject to a fine not
exceeding $100,000 if the person previously has been convicted once:
(i) under subsection (a) of this section or § 5-609 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this
section or § 5-609 of this subtitle; or
(iii) of a crime under the laws of another state or the United States
that would be a crime included in subsection (a) of this section or § 5-609 of this
subtitle if committed in this State.
(2) The court may not suspend the mandatory minimum sentence to less
than 10 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the
person is not eligible for parole during the mandatory minimum sentence.
(4) A person convicted under subsection (a) of this section is not
prohibited from participating in a drug treatment program under § 8-507 of the
Health - General Article because of the length of the sentence.
(c) (1) A person who is convicted under subsection (a) of this section or of
conspiracy to commit a crime included in subsection (a) of this section shall be
sentenced to imprisonment for not less than 25 years and is subject to a fine not
exceeding $100,000 if the person previously:
(i) has served at least one term of confinement of at least 180 days
in a correctional institution as a result of a conviction under subsection (a) of this
section, § 5-609 of this subtitle, or § 5-614 of this subtitle; and
(ii) has been convicted twice, if the convictions arise from separate
occasions:
1. under subsection (a) of this section or § 5-609 of this
subtitle;
2. of conspiracy to commit a crime included in subsection (a)
of this section or § 5-609 of this subtitle;
3. of a crime under the laws of another state or the United
States that would be a crime included in subsection (a) of this section or § 5-609 of
this subtitle if committed in this State; or
4. of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum
sentence of 25 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the
person is not eligible for parole during the mandatory minimum sentence.
(4) A separate occasion is one in which the second or succeeding crime is
committed after there has been a charging document filed for the preceding crime.
- 1770 -
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