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Session Laws, 1996
Volume 794, Page 4125   View pdf image
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PARRIS N. GLENDENING, Governor

S.B. 618

[(ix)] (VIII) (VII) Sections 276 through 302 (relating to drugs and other
dangerous substances) as they shall be amended from time to time;

[(x)] (IX) (VIII) Section 36B (relating to handguns);

[(xi)] (X) (IX) Section 388 (relating to manslaughter by automobile,
motorboat, etc.); and

[(xii)] (XI) (X) Section 335A (relating to indecent exposure).

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The
Committee recommends that a law enforcement officer be able to make a warrantless
arrest for assault in the second degree. The provision concerning common law assault
when committed with intent to do great bodily harm is repealed.

In addition, the provision relating to. Article 27, § 33A is repealed as being obsolete
under the revision of the burglary laws (Ch. 712 of 1994). Under the new law, this offense
would either be first or second degree burglary. These offenses are both felonies, and the
warrantless arrest provisions of Article 27, § 594B(c) already allow warrantless arrests for
felonies.

616 1/2.

(c) Any person charged with an offense hereinafter enumerated committed
during the time that person had been released on bail or his own recognizance for
committing an offense hereinafter enumerated, is ineligible to give bail or be released on
recognizance on the subsequent charge, until all prior charges hereunder have finally
been determined by the courts. But a person charged with a subsequent crime hereinafter
set forth, may rebut his ineligibility for release on bail before determination of the prior
charge. If, after consideration of the matters presented in rebuttal, the court hearing the
application for bail is persuaded that the applicant would not pose a danger to any other
person or to the community, and would appear at the time set for trial, the court may
allow release pending trial on suitable bail and on such other conditions as will reasonably
assure that the person charged will not flee. For the purposes of this subsection, court
does not mean District Court commissioners and the offenses are those specified in the
following sections of Article 27 of the Annotated Code of Maryland (1967 Repl. Vol.) as
they may be amended from time to time:

(1)     Section 6 (relating to arson in the first degree) and attempting, aiding,
counseling, or procuring arson in the first degree;

(2)     Section 7 (relating to arson in the second degree) and attempting,
aiding, counseling, or procuring arson in the second degree;

(3)     Section 12 12A-1 (relating to assault [with intent to murder, ravish or
rob] IN THE FIRST DEGREE);

(4)     Section 29 (relating to burglary in the first degree);

(5)     Section 30 (relating to burglary in the second degree);

(6)     Section 31 (relating to burglary in the third degree);

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Session Laws, 1996
Volume 794, Page 4125   View pdf image
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