3964

VETOES

FOR the purpose of limiting the number of petitions a person may
file for post conviction relief; and generally relating to
post conviction procedure.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 645A(a) and (f)

Annotated Code of Maryland

(1982 Replacement Volume and 1985 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

645A.

(a) (1) Any person convicted of a crime and either
incarcerated under sentence of death or imprisonment or on parole
or probation, including any person confined or on parole or
probation as a result of a proceeding before the District Court
who claims that the sentence or judgment was imposed in violation
of the Constitution of the United States or the Constitution or
laws of this State, or that the court was without jurisdiction to
impose the sentence, or that the sentence exceeds the maximum
authorized by law, or that the sentence is otherwise subject to
collateral attack upon any ground of alleged error which would
otherwise be available under a writ of habeas corpus, writ of
coram nobis, or other common-law or statutory remedy, may
institute a proceeding under this subtitle in the circuit court
for the county to set aside or correct the sentence, provided the
alleged error has not been previously and finally litigated or
waived in the proceedings resulting in the conviction, or in any
other proceeding that the petitioner has taken to secure relief
from his conviction.

(2) A PERSON MAY NOT FILE MORE THAN 2 PETITIONS,
ARISING OUT OF EACH TRIAL, FOR RELIEF UNDER THIS SUBTITLE.

(f) A petitioner is entitled to the assistance of counsel
and a hearing on the first petition filed by the petitioner under
this section. The court shall determine if assistance of counsel
or a hearing should be granted on A subsequent [petitions]
PETITION filed by a petitioner.

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

May 27, 1986