Ch. 722

LAWS OF MARYLAND

(H) IF THE DEPARTMENT HAS BUDGETARY CONSTRAINTS IN CARRYING
OUT THE PROVISIONS OF THIS SECTION, OYSTER PACKERS DO NOT HAVE TO
COMPLY WITH THE PROVISIONS OF THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 27, 1988.

CHAPTER 722

(House Bill 1139)

AN ACT concerning

Criminal Procedure - Sentencing Upon Retrial

FOR the purpose of altering the conditions under which a
sentencing judge is authorized to impose a more severe
sentence upon the resentencing of a criminal defendant.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 12-702(b)

Annotated Code of Maryland

(1984 Replacement Volume and 1987 Supplement)

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

Article - Courts and Judicial Proceedings

12-702.

(b) If an appellate court remands a criminal case to a
lower court in order that the lower court may pronounce the
proper judgment or sentence, or conduct a new trial, and if there
is a conviction following this new trial, the lower court may
impose any sentence authorized by law to be imposed as punishment
for the offense. However, it may not impose a sentence more
severe than the sentence previously imposed for the offense
unless:

(1) The reasons for the increased sentence
affirmatively appear;

- 4768 -