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Session Laws, 1994
Volume 773, Page 3859   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                       H.B. 471

(11)   Section 386 (relating to unlawful shooting, stabbing, assaulting, etc., with
intent to maim, disfigure or disable or to prevent lawful apprehension);

(12)   Section 388 (relating to manslaughter by automobile, motorboat, etc.);

(13)   Section 407 (relating to first degree murder);

(14)   Section 408 (relating to murder committed in perpetration of arson);

(15)   Section 409 (relating to murder committed in burning barns, etc.);

(16)   Section 410 (relating to murder committed in perpetration of rape in any
degree, sexual offense in the first or second degree, sodomy, etc.);

(17)   Section 411 (relating to second degree murder);

(18)   Sections 462 and 463 (relating to rape in the first and second degree);

(19)   Section 486 (relating to robbery generally); and

(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

- 3859 -

 

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Session Laws, 1994
Volume 773, Page 3859   View pdf image
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