3918

VETOES

WILLFULLY DESTROYS, CUTS, BREAKS, OR REMOVES any tree, plant or
shrub within [its] THE limits OF ANY PUBLIC OR PRIVATE IN ANY
CEMETERY OF IN THIS STATE, or who shall be guilty of indecent or
disorderly conduct within said limits, shall be guilty of a
misdemeanor, and [upon conviction thereof in any court of
competent jurisdiction of this State,] shall ON CONVICTION:

(1)(I) PAY THE CEMETERY THE VALUE OF THE PROPERTY
DAMAGED; OR

(II) RESTORE THE PROPERTY TAKEN TO THE CEMETERY
OR PAY THE CEMETERY THE VALUE OF THAT PROPERTY; AND

(2) SHALL BE FINED NOT [be punished by a fine of not
less than five dollars nor] more than [five hundred dollars]
$500, or [imprisonment in the county jail, or in the house of
correction, ] IMPRISONED for not less than thirty days nor more
than two 2 years, or [by] both [such fine and imprisonment in the
discretion of said court, according to the gravity of the
offense].

(C) Nothing in this section shall be construed to prohibit
the removal of the remains of any human body, or of any monument,
gravestone or other marker from an abandoned cemetery, provided
that the prior consent in writing of the State's attorney of the
county or of Baltimore City shall have been secured and provided
further that such remains, monuments, gravestone or other marker
is placed in an accessible place in a permanent cemetery.

Article - Courts and Judicial Proceedings

3-829.

(H)(1) IF THE COURT FINDS THAT A CHILD HAS COMMITTED A
DELINQUENT ACT THAT IS A VIOLATION OF ARTICLE 27, § 267 OF THE
CODE, THE COURT MAY:

(I) AS TO PROPERTY THAT IS REMOVED FROM THE
CEMETERY, ORDER THE CHILD TO RETURN THE PROPERTY, OR ENTER A
JUDGMENT OF RESTITUTION AGAINST THE PARENT OF THE CHILD, IN AN
AMOUNT NOT TO EXCEED THE LESSER OF THE FAIR MARKET VALUE OF THE
PROPERTY REMOVED OR $5,000; OR

(II) AS TO PROPERTY THAT IS DAMAGED, ENTER A
JUDGMENT OF RESTITUTION AGAINST THE PARENT OF THE CHILD IN AN
AMOUNT NOT TO EXCEED THE LESSER OF THE FAIR MARKET VALUE OF THE
PROPERTY DAMAGED OR $5,000.

(2) IF RESTITUTION IS ORDERED UNDER THIS SUBSECTION
ONLY THE PROVISIONS OF SUBSECTIONS (D), (E), (F), AND (G) OF THIS
SECTION APPLY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall