WILLIAM DONALD SCHAEFER, Governor                          H.B. 441

WHEREAS, Current law provides for significant penalties for drug convictions
and alcohol-related driving convictions, including possible loss of professional licenses for
drug convictions, loss of driving privileges for alcohol-related driving convictions, fines,
imprisonment, and required alcohol and drug education and treatment; and

WHEREAS, Serious offenders are likely to receive a term of imprisonment
resulting in loss of employment; and

WHEREAS, It is unfair to impose additional sanctions that are not imposed on
other citizens of the State on State employees for off-the-workplace convictions when
there is no indication that the employee's job performance will be affected; now,
therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

641.

(a) (1) (i)          1. Whenever a person accused of a crime pleads guilty or nolo

contendere or is found guilty of an offense, a court exercising criminal jurisdiction, if
satisfied that the best interests of the person and the welfare of the people of the State
would be served thereby, and with the written consent of the person after determination
of guilt or acceptance of a nolo contendere plea, may stay the entering of judgment, defer
further proceedings, and place the person on probation subject to reasonable terms and
conditions as appropriate. The terms and conditions may include ordering the person to
pay a fine or pecuniary penalty to the State, or to make restitution, but before the court
orders a fine, pecuniary penalty, or restitution the person is entitled to notice and a
hearing to determine the amount of the fine, pecuniary penalty, or restitution, what
payment will be required, and how payment will be made. The terms and conditions also
may include any type of rehabilitation program or clinic, or similar program, or the parks
program or voluntary hospital program.

(c) Upon fulfillment of the terms and conditions of probation, the court shall
discharge the person from probation. The discharge is final disposition of the matter.
Discharge of a person under this section shall be without judgment of conviction and is
not a conviction for purposes of any disqualification or disability imposed by law because
of conviction of crime.

Article - State Personnel and Pensions

SUBTITLE 6. STATE SUBSTANCE ABUSE POLICY
3-601.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     "SANCTION" INCLUDES ANY SUSPENSION OR OTHER DISCIPLINARY
ACTION.

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