WILLIAM DONALD SCHAEFER, Governor

Ch. 542

(2)     The prison sentence of a person sentenced under subsection (b)(1) or
subsection (b)(2) of this section, or of conspiracy to violate subsection (b)(1) or
subsection (b)(2) of this section or any combination of these offenses, as a second
offender may not be suspended to less than 10 years, and the person may be paroled
during that period only in accordance with Article 31B, § 11 of the Code.

(3)     This subsection does not prevent, prohibit, or make ineligible a
convicted defendant from participating in the rehabilitation program under Title 8,
Subtitle 5 of the Health - General Article, because of the length of sentence, if imposed
under subsection (b)(1) of this section.

(d) (1) A person who is convicted under subsection (b)(1) or subsection (b)(2)
of this section or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this
section shall be sentenced to imprisonment for the term allowed by law, but, in any event,
not less than 25 years if the person previously:

(i) Has served at least 1 term of confinement of at least 180 days in a
correctional institution as a result of a conviction of a previous violation of this section or
§ 286A of this article; and

(ii) Has been convicted twice, where the convictions do not arise from
a single incident:

1. Under subsection (b)(1) or subsection (b)(2) of this section;

2. Of conspiracy to violate subsection (b)(1) or subsection
(b)(2) of this section;

3.       Of an offense under the laws of another state, the District of
Columbia, or the United States that would be a violation of subsection (b)(1) or
subsection (b)(2) of this section if committed in this State; or

4.       Of any combination of these offenses.

(2)     Neither the sentence required under paragraph (1) of this subsection
nor any part of it may be suspended, and the person may not be eligible for parole except
in accordance with Article 31B, § 11 of the Code.

(3)     A separate occasion shall be considered one in which the second or
succeeding offense is committed after there has been a charging document filed for the
preceding offense.

(e) (1) A person who is convicted under subsection (b)(1) or subsection (b)(2)
of this section or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this
section shall be sentenced to imprisonment for the term allowed by law, but in any event,
not less than 40 years if the person previously has served 3 separate terms of confinement
as a result of 3 separate convictions:

(i) Under subsection (b)(1) or subsection (b)(2) of this section;

(ii) Of conspiracy to violate subsection (b)(1) or subsection (b)(2) of
this section;

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