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Session Laws, 1994
Volume 773, Page 3159   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                           Ch. 712

distinction between daytime and nighttime housebreaking and doubles the penalty for
this offense. See new § 29. Under Section 3 of this bill, this change will apply
prospectively to cases in which a defendant is sentenced after the effective date of the bill.

Article 41 - Governor - Executive and Administrative Departments

4-501.

In the construction of this subtitle, the following definition shall conclusively
determine the meaning of the terms used:

(12) "Violent crime" means [the commission or attempt to commit any of the
following offenses:

(i)      Abduction;

(ii)     Arson in the first degree;

(in)    Burglary, including any common law or statutory form;

(iv)    Escape;

(v)     Housebreaking:

(vi)    Kidnapping;

(vii)   Manslaughter other than involuntary manslaughter;

(viii)  Mayhem;

(ix)    Murder;

(x)     Rape;

(xi)    Robbery, including robbery with a deadly weapon:

(xii)   Carjacking or armed carjacking;

(xiii)  Assault with intent to commit any of these crimes; or

(xiv) Use of a handgun or other deadly weapon in the commission or
attempt to commit any crime] BURGLARY IN THE FIRST, SECOND, OR THIRD DEGREE
AND ANY CRIME THAT IS LISTED AS A "CRIME OF VIOLENCE" UNDER ARTICLE 27, §
643B OF THE CODE.

COMMITTEE NOTE:

This change is intended to clarify that the term "violent crime" under this subtitle
means any crime that is currently listed as a "crime of violence" under Article 27, § 643B
of the Code. Since this bill deletes burglary and daytime housebreaking from the
definition of "crime of violence" tinder § 643B, the new language of this section expressly
includes burglary in the first, second, or third degree in the definition of "violent crime".

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Session Laws, 1994
Volume 773, Page 3159   View pdf image
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