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VETOES
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H.B. 59
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[(21)] (22) assault with intent to commit a sexual offense in the second
degree.
(b) This section does not apply if a person is sentenced to death.
(c) (1) Except as provided in subsection (g) of this section, on conviction for
a fourth time of a crime of violence, a person who has served three separate terms of
confinement in a correctional facility as a result of three separate convictions of any
crime of violence shall be sentenced to life imprisonment without the possibility of
parole.
(2) Notwithstanding any other law, the provisions of this subsection are
mandatory.
(d) (1) Except as provided in subsection (g) of this section, on conviction for
a third time of a crime of violence, a person shall be sentenced to imprisonment for
the term allowed by law but not less than 25 years, if the person:
(i) has been convicted of a crime of violence on two prior separate
occasions:
1. in which the second or succeeding crime is committed after
there has been a charging document filed for the preceding occasion; and
2. for which the convictions do not arise from a single
incident; and
(ii) has served at least one term of confinement in a correctional
facility as a result of a conviction of a crime of violence.
(2) The court may not suspend all or part of the mandatory 25-year
sentence required under this subsection.
(3) A person sentenced under this subsection is not eligible for parole
except in accordance with the provisions of § 4-305 of the Correctional Services
Article.
(e) (1) On conviction for a second time of a crime of violence committed on or
after October 1, 1994, a person shall be sentenced to imprisonment for the term
allowed by law, but not less than 10 years, if the person:
(i) has been convicted on a prior occasion of a crime of violence,
including a conviction for a crime committed before October 1, 1994; and
(ii) served a term of confinement in a correctional facility for that
conviction.
(2) The court may not suspend all or part of the mandatory 10-year
sentence required under this subsection.
(f) If the State intends to proceed against a person as a subsequent offender
under this section, it shall comply with the procedures set forth in the Maryland
Rules for the indictment and trial of a subsequent offender.
- 3506 -
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