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ROBERT L. EHRLICH, JR., Governor
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Ch. 339
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Article - Criminal Law
7-105.1.
(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION, IN A CRIMINAL CASE OR
JUVENILE PROCEEDING INVOLVING THEFT OF A MOTOR VEHICLE UNDER § 7-104 OR
§ 7-105 OF THIS SUBTITLE, AN AFFIDAVIT SWORN TO IN OPEN COURT BY THE LAWFUL
OWNER OF THE MOTOR VEHICLE MAY BE INTRODUCED THEREAFTER AS
SUBSTANTIVE EVIDENCE THAT THE MOTOR VEHICLE WAS TAKEN FROM THE
LAWFUL OWNER AND OPERATED, USED, OR POSSESSED WITHOUT THE LAWFUL
OWNER'S AUTHORIZATION.
(B) THE AFFIDAVIT SHALL:
(1) BE GIVEN UNDER OATH SUBJECT TO THE PENALTY OF PERJURY;
AND
(2) BE ATTACHED TO A COPY OF THE CERTIFICATE OF TITLE OF THE
MOTOR VEHICLE.
(C) (1) AT LEAST 10 DAYS BEFORE A PROCEEDING IN WHICH THE STATE
INTENDS TO INTRODUCE INTO EVIDENCE AN AFFIDAVIT AS PROVIDED UNDER THIS
SECTION, THE STATE SHALL PROVIDE WRITTEN NOTICE TO THE DEFENDANT THAT
THE STATE INTENDS TO:
(I) RELY ON THE AFFIDAVIT; AND
(II) INTRODUCE THE AFFIDAVIT INTO EVIDENCE AT THE
PROCEEDING.
(2) ON WRITTEN DEMAND OF A DEFENDANT FILED AT LEAST 5 DAYS
BEFORE THE PROCEEDING DESCRIBED IN SUBSECTION (A) OF THIS SECTION, THE
STATE SHALL REQUIRE THE PRESENCE OF THE AFFIANT AS A PROSECUTION
WITNESS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 10, 2005.
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CHAPTER 339
(Senate Bill 831)
AN ACT concerning
Department of Health and Mental Hygiene - Licenses and Eligibility for
State Funding - Minimum Standards
FOR the purpose of requiring that the Secretary of Health and Mental Hygiene
establish adopt regulations requiring that a governing body of certain licensees
of the Department of Health and Mental Hygiene be composed of a certain
- 1671 -
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