HARRY HUGHES, Governor

2757

BY adding to

Article 27 - Crimes and Punishments

Section 747A

Annotated Code of Maryland

(1982 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

747A.

(A)  IN THIS SECTION, "LAW ENFORCEMENT AGENCY" INCLUDES:

(1)  A STATE, COUNTY, OR MUNICIPAL POLICE DEPARTMENT
OR AGENCY; OR

(2)  A SHERIFF'S OFFICE.

(B)  (1) WHEN A DEFENDANT IS FOUND GUILTY, OR PLEADS GUILTY
OR NOLO CONTENDERE TO AN OFFENSE THAT IS CRIMINAL HISTORY RECORD
INFORMATION, AS DEFINED IN § 743(E) OF THIS ARTICLE, AND IS
SENTENCED TO COMMITMENT IN A LOCAL CORRECTIONAL FACILITY, OR
RECEIVES A SUSPENDED SENTENCE, A SENTENCE OF PROBATION BEFORE
JUDGMENT, A STAYED JUDGMENT, PROBATION PROBATION OTHER THAN
PROBATION PRIOR TO JUDGMENT UNDER SECTION SECTIONS 292 AND 641 OF
THIS ARTICLE, OR A FINE, AND THE DEFENDANT HAS NOT PREVIOUSLY
BEEN FINGERPRINTED AS A RESULT OF ARREST FOR THE SENTENCED
OFFENSE, THE JUDGE IMPOSING THE SENTENCE SHALL ORDER THAT THE
DEFENDANT BE FINGERPRINTED BY THE APPROPRIATE AVAILABLE LAW
ENFORCEMENT AGENCY.

(2)  IF THE FINGERPRINTING CANNOT BE DONE IMMEDIATELY,
THE JUDGE SHALL ORDER THAT THE DEFENDANT REPORT TO THE DESIGNATED
LAW ENFORCEMENT AGENCY FOR FINGERPRINTING WITHIN 3 DAYS AFTER
SENTENCING.

(3)  IF A DEFENDANT FAILS TO REPORT AS ORDERED UNDER
PARAGRAPH (2) OF THIS SUBSECTION, THE DEFENDANT SHALL BE IN
CONTEMPT OF COURT.

(C)  WHEN THE OFFENSE CHARGED IS ONE THAT IS DEFINED AS A
"PETTY OFFENSE" BY LAW OR RULE OF COURT, THE JUDGE SHALL EXERCISE
DISCRETION AS TO WHETHER THE DEFENDANT SHALL BE FINGERPRINTED
UNDER SUBSECTION (B) OF THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect January 1, 1986.

Approved May 28, 1985.