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Ch. 460 2005 LAWS OF MARYLAND
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CHAPTER 460
(Senate Bill 107)
AN ACT concerning
Criminal Procedure - Sex Offenses - Prohibition Against Probation Before
Judgment
FOR the purpose of including certain additional sex offenses among the offenses for
which a court is prohibited from staying the entering of judgment and placing a
defendant on probation; and generally relating to sex offenses and probation
before judgment.
BY repealing and reenacting, with amendments,
Article — Criminal Procedure
Section 6-220(d)
Annotated Code of Maryland
(2001 Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Criminal Procedure
6-220.
(d) Notwithstanding subsections (b) and (c) of this section, a court may not
stay the entering of judgment and place a defendant on probation for:
(1) a violation of § 21-902 of the Transportation Article or § 2-503, §
2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, if within the
preceding 5 years the defendant has been convicted under § 21-902 of the
Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the
Criminal Law Article, or has been placed on probation in accordance with this section,
after being charged with a violation of § 21-902 of the Transportation Article or §
2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article;
(2) a second or subsequent controlled dangerous substance crime under
Title 5 of the Criminal Law Article; or
(3) a violation of any of the provisions of §§ 3-303 through 3-307, §§
3-309 THROUGH 3-312, § 3-315, OR § 3-602 of the Criminal Law Article for a crime
involving a person under the age of 16 years.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2005.
Approved May 26, 2005.
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