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Session Laws, 1989
Volume 771, Page 2413   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                    Ch. 287

(A)  (1) IN THIS SECTION THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED.

(2)   "DRUG TRAFFICKING CRIME" MEANS:

(I)  ANY FELONY INVOLVING THE POSSESSION,
DISTRIBUTION, MANUFACTURE, OR IMPORTATION OF A CONTROLLED
DANGEROUS SUBSTANCE UNDER §§ 286 AND 286A OF THIS ARTICLE; OR

(II)  CONSPIRACY TO COMMIT ANY FELONY INVOLVING
POSSESSION, DISTRIBUTION, MANUFACTURE, OR IMPORTATION OF A
CONTROLLED DANGEROUS SUBSTANCE UNDER § 286 OR § 286A OF THIS
ARTICLE.

(3)   "FIREARM SILENCER OR MUFFLER" MEANS ANY DEVICE
THAT IS DESIGNED FOR SILENCING, MUFFLING, OR DIMINISHING THE
REPORT OF A FIREARM INCLUDING ANY COMBINATION OF PARTS DESIGNED,
REDESIGNED, OR INTENDED FOR USE IN ASSEMBLING OR FABRICATING A
FIREARM SILENCER OR MUFFLER.

(B)  DURING AND IN RELATION TO ANY DRUG TRAFFICKING CRIME, A
PERSON WHO USES OR POSSESS, WEARS, CARRIES. OR TRANSPORTS A
FIREARM IS GUILTY OF A SEPARATE FELONY AND ON CONVICTION SHALL,
IN ADDITION TO THE SENTENCE PROVIDED FOR THE DRUG TRAFFICKING
CRIME, BE SENTENCED AS FOLLOWS:

(1)  (I) FOR A FIRST OFFENSE, FOR A TERM OF NOT LESS
THAN 5 NOR MORE THAN 20 YEARS.

(II) IT IS MANDATORY UPON THE COURT TO IMPOSE

NO LESS THAN THE MINIMUM SENTENCE OF 5 YEARS, NO PART OF WHICH

MAY BE SUSPENDED AND THE PERSON MAY NOT BE ELIGIBLE FOR PAROLE

EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 31B, § 11 OF
THE CODE; AND

(2)  (I) FOR A SECOND OR SUBSEQUENT OFFENSE, FOR A
TERM OF NOT LESS THAN 10 NOR MORE THAN 20 YEARS.

(II)   IT IS MANDATORY UPON THE COURT TO IMPOSE
NO LESS THAN A MINIMUM CONSECUTIVE SENTENCE OF 10 YEARS, NO PART
OF WHICH MAY BE SUSPENDED AND THE PERSON MAY NOT BE ELIGIBLE FOR
PAROLE EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 31B, §
11 OF THE CODE.--------------------------------------------------------------

(III)  THE SENTENCE SHALL BE SERVED
CONSECUTIVELY AND NOT CONCURRENTLY TO ANY OTHER SENTENCE IMPOSED
BY VIRTUE OF THE COMMISSION OF THE DRUG TRAFFICKING CRIME.

(C)  THE MINIMUM MANDATORY SENTENCE PROVIDED IN SUBSECTION
(B)(1) AND (2) OF THIS SECTION SHALL BE DOUBLED IF THE FIREARM
IS:

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Session Laws, 1989
Volume 771, Page 2413   View pdf image
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