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ROBERT L. EHRLICH, JR., Governor Ch. 564
Article - Criminal Procedure
Section 6-220(d)
Annotated Code of Maryland
(2001 Volume and 2004 Supplement)
BY repealing and reenacting, without amendments,
Article - Transportation
Section 11-136.1 and 16-111(d)
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
BY repealing and reenacting, with amendments,
Article - Transportation
Section 16-213
Annotated Code of Maryland
(2002 Replacement 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 of the
Criminal Law Article for a crime involving a person under the age of 16 years; OR
(4) A MOVING VIOLATION, AS DEFINED IN § 11-136.1 OF THE
TRANSPORTATION ARTICLE, IF:
(I) THE DEFENDANT HOLDS A PROVISIONAL LICENSE UNDER §
16-111 OF THE TRANSPORTATION ARTICLE; AND
(II) THE DEFENDANT HAS PREVIOUSLY BEEN PLACED ON
PROBATION UNDER THIS SECTION FOR THE COMMISSION OF A MOVING VIOLATION
WHILE THE DEFENDANT HELD A PROVISIONAL LICENSE.
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