PARRIS N. GLENDENING, Governor

Ch. 632

(II) IF HIE STATE DOES NOT PROVIDE THE NOTICE REQUIRED
UNDER PARAGRAPH (I) OF THIS PARAGRAPH, THE COURT MAY NOT IMPOSE A
SENTENCE OF LIFE WITHOUT THE POSSIBILITY OF PAROLE.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The
Committee to Revise Article 27 of the Annotated Code recommends that attempted
murder be made a felony in order to indicate the seriousness of this crime and to provide
that there be no statute of limitations for this offense.

In subsection (b), the penalty for attempted first degree murder includes the
possibility of life without parole. Under current law in Article 27, § 644A the sentence for
an attempted crime may not exceed the maximum sentence for the completed crime. This
provision will clarify that a sentence of life without parole is possible for attempted first
degree murder.

441.

(e) The term "crime of violence" means abduction; arson in the first degree;
ASSAULT IN THE FIRST OR SECOND DEGREE; burglary in the first, second, or third
degree; escape; kidnapping; manslaughter, excepting involuntary manslaughter; [mayhem
AS PREVIOUSLY PROSCRIBED UNDER FORMER § 384 OF THIS ARTICLE;] murder;
rape; robbery; robbery with a deadly weapon; carjacking or armed carjacking; sexual
offense in the first degree; and sodomy; or an attempt to commit any of the aforesaid
offenses[; or assault with intent to commit any other offense punishable by imprisonment
for more than one year].

461B.

In any criminal prosecution for rape, attempted rape, [assault with intent to commit
a rape, assault with intent to commit a sexual offense,] ATTEMPTED SEXUAL OFFENSE,
or any other sexual offense, the jury may not be instructed:

(1)     To examine with caution the testimony of the prosecuting witness, solely
because of the nature of the charge;

(2)     That the charge is easily made or difficult to disprove, solely because of
the nature of the charge; or

(3)     As to any other similar instruction, solely because of the nature of the
charge.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The revision of
the assault laws repeals the statutory crimes of assault with intent to rape and assault with
intent to commit sexual offense. Attempted rape and attempted sexual offense are made
felonies under § 464F of this subheading by the revision.

464F. ATTEMPTED RAPE OR SEXUAL OFFENSE.

(A) A PERSON WHO ATTEMPTS TO COMMIT RAPE IN THE SECOND DEGREE OR
SEXUAL OFFENSE IN THE SECOND DEGREE IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT MORE THAN 20 YEARS.

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