Ch. 569                                        1995 LAWS OF MARYLAND

(2)     Is subject to all of the provisions of that title EXCEPT § 13-411 OF THE
COMMERCIAL LAW ARTICLE.

(b)     (1) IF A PERSON FAILS TO OBTAIN AND MAINTAIN A CORPORATE
SURETY BOND OR TO HOLD SUMS OF MONEY IN AN ESCROW ACCOUNT AS
REQUIRED UNDER THIS SUBTITLE, OR FAILS TO MAKE A DISCLOSURE REQUIRED
UNDER § 10-506(B)(1) OF THIS SUBTITLE, THE PERSON IS GUILTY OF A FELONY, AND,
ON CONVICTION, SHALL MAKE RESTITUTION TO THE PURCHASER OF ANY MONEY
OR PROPERTY LOST, AND BE SUBJECT TO A FINE NOT EXCEEDING $10,000 OR
IMPRISONMENT NOT EXCEEDING 15 YEARS OR BOTH IN THE DISCRETION OF THE
COURT A PERSON IS GUILTY OF A FELONY, IF THE PERSON WILLFULLY AND
KNOWINGLY:

(I) FAILS TO OBTAIN AND MAINTAIN A CORPORATE SURETY
BOND OR TO HOLD SUMS OF MONEY IN AN ESCROW ACCOUNT AS REQUIRED UNDER
THIS SUBTITLE;

(II) FAILS TO MAKE A DISCLOSURE REQUIRED UNDER § 10-506(B)(4)
OF THIS SUBTITLE; OR

(III) COMMITS A BREACH OF THE TRUST PROVIDED IN § 10-502 OF
THIS SUBTITLE.

(2) A PERSON CONVICTED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL MAKE RESTITUTION TO THE PURCHASER AS DETERMINED BY THE COURT
AND BE SUBJECT TO A FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT
EXCEEDING 15 YEARS OR BOTH IN THE DISCRETION OF THE COURT.

(3)      (3) [Any] OTHER THAN THE CONDUCT DESCRIBED IN
PARAGRAPH (1) OF THIS SUBSECTION, ANY conduct that fails to comply with this
subtitle, or any breach of any trust created by this subtitle, is a misdemeanor, and on
conviction, any violator is subject to a fine not exceeding $1,000 or imprisonment not
exceeding 1 year, or both.

(c)      (1) Subject to the limitations under paragraph (2) of this subsection, a court
may order, in addition to any other penalty provided elsewhere in the Annotated Code,
that an individual violating this subtitle may not be permitted to seek, enter into, or
perform any contract for the construction of real property in the State for a period of time
to be specified by the court.

(2) A court may make an order under paragraph (1) of this subsection only
if the court determines:

(i) That a criminal offense that resulted in financial losses to the
victims has been committed by a violation of this subtitle or by a breach of any trust
created by this subtitle; and

(ii) That it would not be inconsistent with a plan for restitution
ordered in any other proceeding brought to enforce this subtitle.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

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