Ch. 306

1997 LAWS OF MARYLAND

HAS BEEN PREVIOUSLY CONVICTED OF A CRIME OF VIOLENCE AS DEFINED UNDER §
643B OF THIS ARTICLE DURING THE 10-YEAR PERIOD PRIOR TO THE DATE THE
DEFENDANT IS CHARGES REGARDLESS OF WHETHER THE CRIME OCCURRED IN THIS
STATE OR ELSEWHERE.

[(2)](3) (I) A judge may allow the release pretrial of a defendant
described in paragraph [(1)] (2) of this subsection pending trial on suitable:

1. SUITABLE bail [and] OR on any;

2. ANY other conditions that will reasonably assure that the
defendant will not flee or pose a danger to another person or the community OR—ON
BOTH; OR

3. BOTH BAIL AND OTHER CONDITIONS DESCRIBED UNDER
ITEM 2 OF THIS SUBPARAGRAPH.

(II) AFTER A DEFENDANT DESCRIBED IN PARAGRAPH (2) (1) OF
THIS SUBSECTION HAS BEEN PRESENTED TO THE COURT PURSUANT TO MARYLAND
RULE 4-216(G), THE JUDGE SHALL ORDER THE CONTINUED DETENTION OF THE
DEFENDANT IF THE JUDGE IS PERSUADED DETERMINES THAT NEITHER SUITABLE
BAIL NOR ANY CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY
ASSURE THAT THE DEFENDANT WILL NOT FLEE OR POSE A DANGER TO ANOTHER
PERSON OR THE COMMUNITY PRIOR TO THE TRIAL.

[(3)](4) A rebuttable presumption exists that any defendant described in
paragraph [(1)](2) of this subsection will flee and pose a danger to another person or
the community.

SECTION 2. AND BE IT FURTHER ENACTED, That to ensure appropriate
due process, evidentiary standards, and procedural safeguards, the Court of Appeals of
Maryland shall adopt rules to implement this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.

Approved May 8, 1997.

CHAPTER 306
(House Bill 497)

AN ACT concerning

Criminal Procedure - Pretrial Release

FOR the purpose of requiring the court or a District Court commissioner to consider
whether a defendant will flee or pose a danger to another person or the community
when making decisions concerning pretrial release; prohibiting a District Court
commissioner from releasing pretrial an individual previously convicted of a crime
of violence if the individual is charged with committing another crime of violence;

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