PARRIS N. GLENDENING, Governor

Ch. 144

(iv) Any fine or pecuniary penalty imposed as a term or condition of
probation shall be within the amount prescribed by law for a violation resulting in
conviction.

(2)     Notwithstanding paragraph (1) of this subsection, a court may not stay
the entering of judgment and place a person on probation for a violation of any provision
of § 21-902 of the Transportation Article if the person has been convicted under, or has
been placed on probation under this section after being charged with a violation of, §
21-902 of the Transportation Article within the preceding 5 years.

(3)     Notwithstanding paragraph (1) of this subsection, a court may not stay
the entering of judgment and place a person on probation for a second or subsequent
controlled dangerous substance offense under §§ 276 through 303 of this article.

(4)      NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, A COURT
MAY NOT STAY THE ENTERING OF JUDGMENT AND PLACE A PERSON ON PROBATION
FOR A VIOLATION OF:

(I) SECTION 35C OF THIS ARTICLE BY COMMITTING FOR AN
OFFENSE INVOLVING SEXUAL ABUSE OF A CHILD; OR

(II) ANY OF THE PROVISIONS OF §§ 462 THROUGH 464C 464B OF THIS
ARTICLE FOR AN OFFENSE INVOLVING A CHILD PERSON UNDER THE AGE OF 16
YEARS.

[(4)](5) By consenting to and receiving a stay of entering of the judgment as
provided by this subsection, the person waives the right to appeal from the judgment of
guilt by the court at any time. Prior to the person consenting to the stay of entering of the
judgment, the court shall notify the person that by consenting to and receiving a stay of
entry of judgment, the person waives the right to appeal from the judgment of guilt by the
court at any time.

(b)     Upon violation of a term or condition of probation, the court may enter
judgment and proceed with disposition of the person as if the person had not been placed
on probation.

(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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed
only prospectively and may not be applied or interpreted to have any effect on or
application to any person who has been convicted of sexual abuse of a child violating
Article 27, § 35C of the Code or of a sexual offense involving a child person under the age
of 16 years before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

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