H.B. 471

VETOES

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 or 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
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;

(iii)   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;

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