WILLIAM DONALD SCHAEFER, Governor                            Ch. 716

643B.

(b) [Any] EXCEPT AS PROVIDED IN SUBSECTIONS (F) AND (G) OF THIS SECTION,
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]
SUBSECTION are mandatory.

(c) [Any] EXCEPT AS PROVIDED IN SUBSECTIONS (F) AND (G) OF THIS SECTION,
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 hast 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] THE COURT MAY NOT SUSPEND ALL OR PART OF THE
MANDATORY 25-YEAR SENTENCE REQUIRED UNDER THIS SUBSECTION, 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 or succeeding offense is
committed after there has been a charging document filed for the preceding occasion.

(d) EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION ANY PERSON
WHO HAS BEEN CONVICTED ON A PRIOR OCCASION OF A CRIME OF VIOLENCE,
INCLUDING A CONVICTION FOR AN OFFENSE COMMITTED BEFORE OCTOBER I, 1994, AND
HAS SERVED A TERM OF CONFINEMENT IN A CORRECTIONAL INSTITUTION FOR THAT
CONVICTION SHALL BE SENTENCED, ON BEING CONVICTED A SECOND TIME OF A CRIME
OF VIOLENCE COMMITTED ON OR AFTER OCTOBER 1, 1994, TO IMPRISONMENT FOR THE
TERM ALLOWED BYLAW, BUT, IN ANY EVENT, NOT LESS THAN 10 YEARS. THE COURT MAY
NOT SUSPEND ALL OR PART OF THE MANDATORY 10-YEAR SENTENCE REQUIRED UNDER
THIS SUBSECTION.

(E) 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 Mary/and Rules for the indictment
and trial of a subsequent offender.

(F) (1) ANY PERSON SENTENCED UNDER THE PROVISIONS OF THIS SECTION
WHO IS AT LEAST 65 YEARS OLD AND HAS SERVED AT LEAST 15 YEARS OF THE SENTENCE
IMPOSED MAY PETITION FOR AND BE GRANTED PAROLE.

(2) THE MARYLAND PAROLE COMMISSION SHALL ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SUBSECTION.

(G) IF A PERSON IS SENTENCED TO DEATH, THE PROVISIONS OF THIS SECTION
DO NOT APPLY.

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