2964

LAWS OF MARYLAND

Ch. 779

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

Article 27 - Crimes and Punishments

643B.

(a)  As used in this section, the term "crime of violence"
means abduction; arson; burglary; daytime housebreaking under §
30(b) of this article; kidnapping; manslaughter, except
involuntary manslaughter; mayhem and maiming under §§ 384, 385,
and 386 of this article; murder; rape; robbery; robbery with a
deadly weapon; sexual offense in the first degree; sexual offense
in the second degree; use of a handgun in the commission of a
felony or other crime of violence; an attempt to commit any of
the aforesaid offenses; assault with intent to murder; [and]
assault with intent to rape; ASSAULT WITH INTENT TO ROB; ASSAULT
WITH INTENT TO COMMIT A SEXUAL OFFENSE IN THE FIRST DEGREE; AND
ASSAULT WITH INTENT TO COMMIT A SEXUAL OFFENSE IN THE SECOND
DEGREE.

The term "correctional institution" includes Patuxent
Institution and a local or regional jail or detention center.

(b)  Any person who has served three separate terms of
confinement in a correctional institution as a result of three
separate convictions of any crime of violence shall be sentenced,
on being convicted a fourth time of a crime of violence, to life
imprisonment without the possibility of parole. Regardless of
any other law to the contrary, the provisions of this section are
mandatory.

(c)  Any person who (1) has been convicted on two separate
occasions of a crime of violence where the convictions do not
arise from a single incident, and (2) has served at least one
term of confinement in a correctional institution as a result of
a conviction of a crime of violence, shall be sentenced, on being
convicted a third time of a crime of violence, to imprisonment
for the term allowed by law, but, in any event, not less than 25
years. Neither the sentence nor any part of it may be suspended,
and the person shall not be eligible for parole except in
accordance with the provisions of Article 31B, § 11. A separate
occasion shall be considered one in which the second or
succeeding offense is committed after there has been a charging
document filed for the preceding occasion.

(d)  If the State intends to proceed against a person as a
subsequent offender under this section, it shall comply with the
procedures set forth in the Maryland Rules for the indictment and
trial of a subsequent offender.

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