2862

LAWS OF MARYLAND

Ch. 599

of this article ("Prohibitions"), § 21-902(a) of this article
("Driving while intoxicated"), or § 21-904 of this article
("Fleeing or eluding police") is subject to:

(1)  For a first offense, a fine of not more than
$1,000 or imprisonment for not more than 1 year or both; and

(2)  For any subsequent offense, a fine of not more
than $1,000 or imprisonment for not more than 2 years or both.

(J) (1) IN THIS SUBSECTION, "IMPRISONMENT" INCLUDES
CONFINEMENT IN AN INPATIENT REHABILITATION OR TREATMENT CENTER.

(2)  A PERSON WHO IS CONVICTED OF A VIOLATION OF §
21-902(A) OF THIS ARTICLE WITHIN -5- 3 YEARS AFTER A PRIOR
CONVICTION UNDER THAT SUBSECTION IS SUBJECT TO A MANDATORY
MINIMUM PENALTY OF:

(I)  IMPRISONMENT FOR NOT LESS THAN 48
CONSECUTIVE HOURS; OR.

(II)  COMMUNITY SERVICE FOR NOT LESS THAN 10
DAYS 80 HOURS.

(3)  THE PENALTIES PROVIDED BY THIS SECTION ARE
MANDATORY AND ARE NOT SUBJECT TO SUSPENSION OR PROBATION.

[(j)] (K) If a different penalty for the violation of any
provision of the Maryland Vehicle Law is provided for in the
Maryland Vehicle Law or in any other law of this State, the
specific penalty prevails over the penalty provided for in this
section.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.

CHAPTER 600

(House Bill 257)

AN ACT concerning

Maryland Building Code for the Handicapped -
Penalties for Violations

FOR the purpose of providing certain penalties for violations of
the Maryland Building Code for the Handicapped which
requires the accessibility and usability of buildings and
facilities by handicapped persons; providing certain