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H.B. 230 VETOES
(IX) AN OFFENSE IN ANOTHER STATE THAT, IF COMMITTED IN THIS
STATE, WOULD CONSTITUTE A VIOLATION DESCRIBED IN ITEMS (I) THROUGH (VIII)
OF THIS PARAGRAPH.
(8) "SEXUALLY VIOLENT OFFENSE" MEANS;
(I) A VIOLATION OF § 462 OR § 163 OF THIS ARTICLE (RAPE IN THE
FIRST OR SECOND DEGREE);
(II) A VIOLATION OF § 464 OR § 464A OF THIS ARTICLE (SEXUAL
OFFENSE IN THE FIRST OR SECOND DEGREE); OR
(III) ASSAULT WITH INTENT TO COMMIT RAPE IN THE FIRST OR
SECOND DEGREE OR A SEXUAL OFFENSE IN THE FIRST OR SECOND DEGREE UNDER
§ 12 OF THIS ARTICLE.
(9) "SEXUALLY VIOLENT PREDATOR" MEANS A SEX OFFENDER WHO
SUFFERS FROM A MENTAL ABNORMALITY OR PERSONALITY DISORDER THAT
MAKES THE OFFENDER LIKELY TO COMMIT A SEXUALLY VIOLENT OFFENSE.
(5) (10) "SUPERVISING AUTHORITY" MEANS:
(I) IF A CHILD SEX OFFENDER IS GRANTED PROBATION,
PROBATION BEFORE JUDGMENT, OR A SUSPENDED SENTENCE AFTER BEING
CONVICTED IN THIS STATE OF AN OFFENSE DESCRIBED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE COURT THAT GRANTED THE PROBATION OR SUSPENDED
SENTENCE;
(II) IF A CHILD SEX OFFENDER IS IN THE CUSTODY OF A FACILITY
OPERATED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES, THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; OR
(III) IF A CHILD SEX OFFENDER IS IN THE CUSTODY OF THE
PATUXENT INSTITUTION, THE DIRECTOR OF THE PATUXENT INSTITUTION;
(IV) IF A SEX OFFENDER IS IN THE CUSTODY OF THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE, THE SECRETARY OF HEALTH AND MENTAL
HYGIENE;
(V) IF A VERDICT OF NOT CRIMINALLY RESPONSIBLE IS ENTERED
AGAINST THE SEX OFFENDER AND THE OFFENDER IS NOT COMMITTED TO THE
CUSTODY OF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE, THE COURT IN
WHICH THE VERDICT WAS ENTERED; OR
(VI) IF A SEX OFFENDER IS CONVICTED IN ANOTHER STATE OR
FOUND NOT CRIMINALLY RESPONSIBLE IN ANOTHER STATE OF AN OFFENSE THAT,
IF COMMITTED IN THIS STATE, WOULD CONSTITUTE A VIOLATION DESCRIBED IN
PARAGRAPH (7)(I) THROUGH (VIII) OF THIS SUBSECTION, THE SECRETARY OF
PUBLIC SAFETY AND CORRECTIONAL SERVICES.
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