HARRY HUGHES, Governor                                    2143

The second sentence of former Article 27, § 89, which
provided that the pretrial inquiry be in the public
interest, is deleted as unnecessary.

The Commission to Revise the Annotated Code calls to
the attention of the General Assembly the limitations
on the authority of deputy and assistant State's
Attorneys under this section. Only the State's
Attorney may issue a summons and seek the aid of the
circuit court. See §§ 5-1019 and 13-104 of this
article, where deputy and assistant State's Attorneys
have these powers. If the General Assembly broadens
the scope of these provisions to apply statewide, the
General Assembly may wish to conform this section to
§§ 5-1019 and 13-104 of this article.

Defined term: "Summons" § 1-101

10-214. NOTICE TO ACCUSED INDIVIDUAL.

BEFORE THE STATE'S ATTORNEY CONDUCTS AN INQUIRY UNDER §
10-213 OF THIS SUBTITLE, THE STATE'S ATTORNEY SHALL NOTIFY THE
ACCUSED INDIVIDUAL IN WRITING OF:

(1)  THE TIME AND PLACE OF THE INQUIRY;

(2)  THE ACCUSED INDIVIDUAL'S RIGHT TO APPEAR AT THE
INQUIRY AND TO PRODUCE EVIDENCE OR INFORMATION THAT RELATES TO
THE MATTERS EXAMINED; AND

(3)  THE ACCUSED INDIVIDUAL'S RIGHT TO TESTIFY IF THE
INDIVIDUAL:

(I)  NOTIFIES THE STATE'S ATTORNEY OF THE
INDIVIDUAL'S DESIRE TO TESTIFY; AND

(II)  SIGNS A WAIVER THAT PERMITS THE
INDIVIDUAL'S TESTIMONY TO BE USED AGAINST THE INDIVIDUAL IN ANY
LATER TRIAL THAT ARISES FROM THE INQUIRY.

REVISOR'S NOTE; This section is new language derived
without substantive change from former Article 27, §
92.                                                                                   

10-215. DISPOSITION.

(A) AUTHORITY OF STATE'S ATTORNEY.

AFTER A PRETRIAL INQUIRY BEFORE THE STATE'S ATTORNEY, A
DEPUTY STATE'S ATTORNEY, OR AN ASSISTANT STATE'S ATTORNEY, THE
STATE'S ATTORNEY MAY:

(1) FILE AN INFORMATION THAT CHARGES THE ACCUSED
INDIVIDUAL WITH NONSUPPORT OR DESERTION, AS APPROPRIATE; OR