3768                                                      VETOES

Article - Transportation

27-101.

(i) Any person who is convicted of a violation of any of
the provisions of § 16-303 of this article ("Driving while
privilege is canceled, suspended, refused, or revoked"), § 17-107
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.

(3)  THE PENALTIES PROVIDED BY THIS SUBSECTION 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.

May 28, 1985
The Honorable Melvin A. Steinberg
President of the Senate
State House
Annapolis, Maryland 21404