WILLIAM DONALD SCHAEFER, Governor                            Ch. 247

[(2)] (3) A judge may allow the release of a defendant WHO IS charged as a
drug kingpin OR WITH COMMITTING A CRIME OF VIOLENCE AFTER HAVING
PREVIOUSLY BEEN CONVICTED OF A CRIME OF VIOLENCE WITH ANY OF THE
FOLLOWING OFFENSES pending trial on suitable bail and on such other conditions as
will reasonably assure that the defendant will not flee, or pose a danger to another person
or the community:

(I) AS A DRUG KINGPIN UNDER § 286(G) OF THIS ARTICLE;

(II) WITH COMMITTING A CRIME OF VIOLENCE AFTER HAVING
PREVIOUSLY BEEN CONVICTED OF A CRIME OF VIOLENCE WITHIN THE PAST 10
YEARS; OR

(III) WITH COMMITTING AN OFFENSE LISTED IN SUBSECTION (C) OF
THIS SECTION IF THE OFFENSE WITH WHICH THE PERSON IS CHARGED OCCURRED
WHILE THE PERSON WAS ON PAROLE OR PROBATION FOR AN OFFENSE LISTED IN
SUBSECTION (C) OF THIS SECTION.

[(3)](4) A rebuttable presumption exists that any defendant WHO IS
charged as a drug kingpin OR WITH COMMITTING A CRIME OF VIOLENCE AFTER
HAVING PREVIOUSLY BEEN CONVICTED OF A CRIME OF VIOLENCE WITH ANY OF
THE FOLLOWING OFFENSES, if [released] RELEASED, will flee and pose a danger to
another person or the community:

(I) AS A DRUG KINGPIN UNDER § 286(G) OF THIS ARTICLE;

(II) WITH COMMITTING A CRIME OF VIOLENCE AFTER HAVING
PREVIOUSLY BEEN CONVICTED OF A CRIME OF VIOLENCE WITHIN THE PAST 10
YEARS; OR

(III) WITH COMMITTING AN OFFENSE LISTED IN SUBSECTION (C) OF
THIS SECTION IF THE OFFENSE WITH WHICH THE PERSON IS CHARGED OCCURRED
WHILE THE PERSON WAS ON PAROLE OR PROBATION FOR AN OFFENSE LISTED IN
SUBSECTION (C) OF THIS SECTION.

(K) A DEFENDANT WHO IS CHARGED WITH ANY OF THE FOLLOWING
OFFENSES AND WHO WAS PREVIOUSLY CONVICTED ON AT LEAST TWO OCCASIONS
OF ANY OF THE FOLLOWING OFFENSES MAY NOT BE RELEASED ON BAIL:

(1) ANY OFFENSE THAT IS PUNISHABLE BY DEATH;

(2) MANUFACTURING, DISTRIBUTING, OR POSSESSING WITH INTENT TO
DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE IN VIOLATION OF § 286 OF
THIS ARTICLE; OR

(3) USE OF A HANDGUN IN THE COMMISSION OF A FELONY OR CRIME
OF VIOLENCE IN VIOLATION OF § 36B(D) OF THIS ARTICLE.

638B.

[A] EXCEPT AS PROVIDED IN § 616 1/2 OF THIS ARTICLE, A defendant charged
with an offense punishable by life imprisonmont may or may not be released on bail or
other conditions of release, prior to conviction, in the discretion of the court.

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