Ch. 309 1997 LAWS OF MARYLAND

ASSAULT IN ANY DEGREE, THE CLERK SHALL CHECK THE RECORD TO DETERMINE
WHETHER THE DEFENDANTS SPOUSE REFUSED TO TESTIFY ON THE BASIS OF THE
PROVISIONS OF THIS SECTION.

(3) IF THE RECORD SHOWS SUCH REFUSAL THE CLERK SHALL MAKE
AND MAINTAIN A SEPARATE RECORD OF THE REFUSAL INCLUDING THE
DEFENDANTS NAME, THE SPOUSE'S NAME, THE CASE FILE NUMBER, A COPY OF THE
CHARGING DOCUMENT, AND THE DATE OF THE TRIAL IN WHICH THE SPOUSE
REFUSED TO TESTIFY.

(3) (4) THE SEPARATE RECORD SPECIFIED UNDER PARAGRAPH (3) OF
THIS SUBSECTION:

(I) IS NOT SUBJECT TO EXPUNGEMENT UNDER ARTICLE 27, §§ 735
THROUGH 741 OF THE CODE; AND

(II) SHALL BE AVAILABLE ONLY TO THE COURT, A STATE'S
ATTORNEY'S OFFICE, AND AN ATTORNEY FOR THE DEFENDANT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.

Approved May 8, 1997.

CHAPTER 309
(Senate Bill 167)

AN ACT concerning

Vehicle Laws — Seat Belt Offenses - Enforcement

FOR the purpose of repealing a provision of law that limits a police officer to enforcing
a violation of certain mandatory seat belt use laws only as a secondary action when
the police officer detains a driver suspected of violating another provision of law;
making stylistic changes; and generally relating to the enforcement of laws requiring
the use of seat belts.

BY repealing and reenacting, with amendments,
Article - Transportation
Section 22-412.3
Annotated Code of Maryland
(1992 Replacement Volume and 1996 Supplement)

Preamble

WHEREAS. It is the intent of the General Assembly to strengthen the enforcement
of mandatory seat belt use laws in order to increase the survival rates of individuals
involved in vehicular accidents on Maryland's highways, reduce the severity of vehicular

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