PARRIS N. GLENDENING, Governor                                Ch. 458

(11)   ADJUDICATION OF AN INFRACTION, AS DEFINED IN PARAGRAPH (1) OF
THIS SUBSECTION, IS NOT A CRIMINAL CONVICTION FOR ANY PURPOSE NOR DOES IT
IMPOSE ANY OF THE CIVIL DISABILITIES ORDINARILY IMPOSED BY A CRIMINAL
CONVICTION.

(12)    IN ANY PROCEEDING FOR AN INFRACTION:

(I) IT SHALL BE THE BURDEN OF THE COUNTY TO PROVE THAT THE
DEFENDANT HAS COMMITTED THE INFRACTION BY CLEAR AND CONVINCING EVIDENCE,
AND IN ANY SUCH PROCEEDING THE DISTRICT COURT SHALL APPLY THE EVIDENTIARY
STANDARDS AS PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF CIVIL CAUSES;

(II)     THE DISTRICT COURT SHALL ENSURE THAT THE DEFENDANT HAS
RECEIVED A COPY OF THE CHARGES AGAINST THE DEFENDANT AND THAT THE
DEFENDANT UNDERSTANDS THOSE CHARGES;

(III)    THE DEFENDANT SHALL BE ENTITLED TO CROSS-EXAMINE ALL
WITNESSES WHO APPEAR AGAINST THE DEFENDANT, TO PRODUCE EVIDENCE OR
WITNESSES IN THE DEFENDANTS OWN BEHALF. OR TO TESTIFY IN THE DEFENDANTS
OWN BEHALF, IF THE DEFENDANT ELECTS TO DO SO;

(IV)    THE DEFENDANT SHALL BE ENTITLED TO BE REPRESENTED BY
COUNSEL OF THE DEFENDANTS OWN SELECTION AND AT THE DEFENDANTS OWN
EXPENSE; AND

(V) THE DEFENDANT MAY ENTER A PLEA OF GUILTY OR NOT GUILTY
OF THE INFRACTION AS CHARGED, AND THE VERDICT OF THE DISTRICT COURT SHALL
BE GUILTY OF AN INFRACTION OR NOT GUILTY OF AN INFRACTION, OR THE DISTRICT
COURT MAY, BEFORE RENDERING JUDGMENT, PLACE THE DEFENDANT ON PROBATION.

(13)    THE COURT COSTS IN AN INFRACTION PROCEEDING IN WHICH COSTS
ARE IMPOSED ARE $5. A DEFENDANT MAY NOT BE LIABLE FOR PAYMENT TO THE
CRIMINAL INJURIES COMPENSATION FUND.

(14)    THE STATES ATTORNEY OF THE COUNTY IS AUTHORIZED TO
PROSECUTE AN INFRACTION AND IS AUTHORIZED TO ENTER A NOLLE PROSEQUI IN
SUCH CASES OR TO PLACE SUCH CASES ON THE STET DOCKET.

(15)   NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (14) OF THIS
SUBSECTION, THE COUNTY MAY DESIGNATE AN ATTORNEY TO PROSECUTE ANY
INFRACTION IN THE SAME MANNER AS THE STATE'S ATTORNEY OF THE COUNTY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1996.

Approved May 14, 1996.

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