3968

VETOES

Senate Bill 547, which was passed by the General Assembly
and signed by me on May 27, 1986, accomplishes the same purpose.
Therefore, it is not necessary for me to sign House Bill 755.

Sincerely,
Harry Hughes
Governor

House Bill No. 755

AN ACT concerning

Controlled Dangerous Substances - Sentencing

FOR the purpose of allowing any excess portion over the mandatory
sentencing requirements imposed against a previously
convicted felon for violation of the controlled dangerous
substance laws to be suspended at the discretion of the
judge; and generally relating to sentencing for violations
of controlled dangerous substance laws.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 286(b)

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

286.

(b) Any person who violates any of the provisions of
subsection (a) with respect to:

(1) A substance classified in Schedules I or II which
is a narcotic drug is guilty of a felony and is subject to
imprisonment for not more than 20 years, or a fine of not more
than $25,000, or both. Any person who has previously been
convicted under this paragraph shall be sentenced to imprisonment
for not less than 10 years, ANY PERIOD OF INCARCERATION WHICH IS
IN EXCESS OF 10 YEARS MAY BE SUSPENDED. HOWEVER, [Neither]
NEITHER the MANDATORY MINIMUM sentence nor any part of it may
be suspended, and the person shall not be eligible for parole
except in accordance with Article 31B, § 11. This subsection
does not prevent, prohibit or make ineligible any convicted
defendant from participating in the rehabilitation program under
Title 9, Subtitle 6 of the Health - General Article, because of
the length of sentence.