Ch. 712                                        1994 LAWS OF MARYLAND

(20) Section 488 (relating to robbery with a deadly weapon).

COMMITTEE NOTE:

This change is stylistic and conforms this section to the new burglary offenses
established in this bill. This change essentially retains the current law in this area.

643B.

(a)      As used in this section, the term "crime of violence" means abduction; arson
in the first degree; [burglary; daytime housebreaking under § 30(b) of this article;]
kidnapping; manslaughter, except involuntary manslaughter; mayhem and maiming under
§§ 384, 385, and 386 of this article; murder; rape; robbery; robbery with a deadly weapon;
carjacking or armed carjacking; sexual offense in the first degree; sexual offense in the
second degree; use of a handgun in the commission of a felony or other crime of violence;
an attempt to commit any of the aforesaid offenses; assault with intent to murder; assault
with intent to rape; assault with intent to rob; assault with intent to commit a sexual
offense in the first degree; and assault with intent to commit a sexual offense in the
second degree.

The. term "correctional institution" includes Patuxent Institution and a local or
regional jail or detention center.

(b)     Any person who has served three separate terms of confinement in a
correctional institution as a result of three separate convictions of any crime of violence
shall be sentenced, on being convicted a fourth time of a crime of violence, to life
imprisonment without the possibility of parole. Regardless of any other law to the
contrary, the provisions of this section are mandatory.

(c)      Any person who (1) has been convicted on two separate occasions of a crime
of violence where the convictions do not arise from a single incident, and (2) has served
at least one term of confinement in a correctional institution as a result of a conviction of
a crime of violence, shall be sentenced, on being convicted a third time of a crime of
violence, to imprisonment for the term allowed by law, but, in any event, not less than 25
years. Neither the sentence nor any part of it may be suspended, and the person shall not
be eligible for parole except in accordance with the provisions of Article 31B, § 11. A
separate occasion shall be considered one in which the second of succeeding offense is
committed after there has been a charging document filed for the preceding occasion.

(d)      If the State intends to proceed against a person as a subsequent offender
under this section, it shall comply with the procedures set forth in the Maryland Rules for
the indictment and trial of a subsequent offender.

COMMITTEE NOTE:

This is a substantive change that is intended to enhance the fairness and uniformity
of sentencing practices in the State. The Committee believes that the mandatory
minimum sentences established in this section should be applicable only to crimes against
persons or crimes that directly involve a threat to human life. In addition, the deletion of
the crime of daytime housebreaking is a logical change because this bill eliminates the

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