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Session Laws, 1993
Volume 772, Page 3595   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                        H.B. 1142

[offense] INFRACTION by notifying the municipality IN WRITING of [his intention of
standing] THE PERSON'S INTENT TO STAND trial. The WRITTEN notice shall be given at
least 5 days prior to the date of payment as set forth in the citation.

(II)     Upon receipt of the WRITTEN notice of the [intention] INTENT
to stand trial, the municipality shall forward to the District Court having venue a copy of
the CITATION AND THE WRITTEN notice [from the person who received the citation
indicating his intention to stand trial].

(III)    Upon receipt of the citation AND THE WRITTEN NOTICE, the
District Court shall schedule the case for trial and notify the defendant of the trial date.
[All fines, penalties, or forfeitures collected by the District Court for violations of
municipal infractions shall be remitted to the municipal government.]

(5)      (I) If a person [receiving a citation for an infraction] CHARGED IN A
CITATION fails to pay the fine [for the infraction] by the date of payment set forth on
the citation and fails to [file a] DELIVER TO THE MUNICIPALITY THE WRITTEN notice
of [his intention] INTENT to stand trial [for the offense], the person is liable for the
assessed fine.

(II)     The municipality may double the fine to an amount not to exceed
[$400] $1,000 and request adjudication of the case through the District Court, including
the filing of a demand for judgment on affidavit.

(III)    The District Court shall promptly schedule the case for trial and
summons the defendant to appear.

(IV)    The defendant's failure to respond to such summons shall result in
the entry of judgment against the defendant in favor of the municipality in the amount
then due if a proper demand for judgment on affidavit has been [filed] MADE.

(6)      (I) 1. AN ENFORCEMENT OFFICER MAY ALSO SERVE A
SUMMONS WITH A CITATION THAT REQUIRES THE PERSON TO APPEAR IN DISTRICT
COURT ON A SPECIFIED DATE AND TIME.

2.        THE SUMMONS SHALL SPECIFY THAT THE PERSON IS NOT
REQUIRED TO APPEAR IN DISTRICT COURT IF THE FINE IS PAID AS PROVIDED IN
THE CITATION.

3.        IF APPROVED BY THE CHIEF JUDGE OF THE MARYLAND
DISTRICT COURT, THE CITATION FORM MAY CONTAIN THE SUMMONS.

4.        THE ENFORCEMENT OFFICER SHALL COORDINATE THE
SELECTION OF COURT DATES WITH THE APPROPRIATE DISTRICT COURT OFFICIALS.

(II) IF THE DEFENDANT FAILS TO PAY THE FINE AS PROVIDED IN
THE CITATION AND FAILS TO APPEAR IN DISTRICT COURT AS PROVIDED IN THE
SUMMONS:

1.        THE MUNICIPALITY MAY DOUBLE THE FINE TO AN
AMOUNT NOT TO EXCEED $1,000; AND

2.        THE COURT MAY:

- 3595 -

 

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Session Laws, 1993
Volume 772, Page 3595   View pdf image
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