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ROBERT L. EHRLICH, JR., Governor
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S.B. 796
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this State, any crime that was not a felony at common law and has not
been declared to be a felony by statute is considered to be a misdemeanor.
See State v. Canova, 278 Md. 483, 490 (1976); Bowser v. State, 136 Md.
342, 345 (1920); Dutton v. State, 123 Md. 373, 378 (1914); and Williams v.
State, 4 Md. App. 342, 347 (1968).
Also in subsection (b) of this section, reference to a fine of "$5,000" is
substituted for the former "$500", and the words "or both" are added.
8-507. GRAND JURY SECRECY.
(A) PROHIBITED ACT.
A PERSON MAY NOT DISCLOSE ANY CONTENT OF A GRAND JURY PROCEEDING.
(B) PENALTIES.
A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND, ON CONVICTION, SUBJECT TO A FINE NOT EXCEEDING $1,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.
(C) REPORTS.
THIS SECTION DOES NOT PREVENT:
(1) A GRAND JURY FROM SUBMITTING A REPORT AS REQUIRED BY LAW;
OR
(2) ANY OTHER GOVERNMENTAL UNIT OR PERSON MAKING A
DISCLOSURE AUTHORIZED BY LAW.
COMMITTEE NOTE: Subsections (a), (b), and (c)(2) of this section are new
language derived without substantive change from former CJ §§
2-503(b)(2) and 8-213.
Subsection (c)(1) of this section is added to recognize specific instances in
which disclosure is allowed. E.g., CS §§ 9-607 and 9-608 and the second
clause of the former fourth sentence of Public Local Laws, Art. 4
[Baltimore City], § 7-7 revised CJ § 8-417 as to reports on investigation
other than of correctional facilities. See also Md. Rule 4-642(c).
In subsection (b) of this section, the phrase "guilty of a misdemeanor" is
added to state expressly that which was only implied in the former law. In
this State, any crime that was not a felony at common law and has not
been declared to be a felony by statute is considered to be a misdemeanor.
See State v. Canova, 278 Md. 483, 490 (1976); Bowser v. State, 136 Md.
342, 345 (1920); Dutton v. State, 123 Md. 373, 378 (1914); and Williams v.
State, 4 Md. App. 342, 347 (1968).
In subsection (c)(2) of this section, reference to a "governmental unit" is
added for completeness as "person" generally does not include such units
unless expressly stated. As to "person", see Art. 1, § 15 of the Code.
- 3331 -
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