Ch. 573                                       LAWS OF MARYLAND

CHAPTER 573

(Senate Bill 376)

AN ACT concerning

Interlocutory Appeals - Controlled Dangerous Substances

FOR the purpose of adding certain criminal cases involving
controlled dangerous substances to cases from which the
State may appeal a decision of a trial court to exclude
certain evidence or to require the return of certain
property; specifying when and how the State's appeal shall
be made for certain criminal cases involving controlled
dangerous substances; and generally relating to the State's
right to appeal in certain criminal cases relating to
controlled dangerous substances.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 12-302(c)(3)

Annotated Code of Maryland

(1984 Replacement Volume and 1988 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

12-302.

(c) In a criminal case, the State may appeal as provided in
this subsection.

(3) (i) In a case involving a crime of violence as
defined in § 643B of Article 27, AND IN CASES UNDER §§ 286 AND
286A OF ARTICLE 27, the State may appeal from a decision of a
trial court that excludes evidence offered by the State or
requires the return of property alleged to have been seized in
violation of the Constitution of the United States, the
Constitution of Maryland, or the Maryland Declaration of Rights.

(ii) The appeal shall be made before jeopardy
attaches to the defendant. However, in all cases the appeal
shall be taken no more than 15 days after the decision has been
rendered and shall be diligently prosecuted.

(iii) Before taking the appeal, the State shall
certify to the court that the appeal is not taken for purposes of
delay and that the evidence excluded or the property required to
be returned is substantial proof of a material fact in the

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