Ch. 478

1997 LAWS OF MARYLAND

(8) (i) If a municipality abates an infraction pursuant to an order of the
District Court, the municipality shall present the defendant with a bill for the cost of
abatement by:

1. Regular mail to the defendant's last known address; or

2. Any other means that are reasonably calculated to bring the
bill to the defendant's attention.

(ii) If the defendant does not pay the bill within 30 days after
presentment, upon a motion of the municipality, the District Court shall enter a judgment
against the defendant for the cost of the abatement.

(9) All fines, penalties, or forfeitures collected by the District Court for a
municipal infraction shall be remitted to the municipality in which the infraction
occurred.

(10) If a defendant fails to pay any fine or cost imposed by the District Court
without good cause, the District Court may punish the failure as contempt of court.

(11) Adjudication of a municipal 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 a municipal infraction:

(i) It shall be the burden of the municipality 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 defendant's own
behalf, or to testify in the defendant's own behalf, if the defendant elects to do so;

(iv) The defendant shall be entitled to be represented by counsel of the
defendant's own selection and at the defendant's 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 a municipal
infraction or not guilty of a municipal infraction, or the District Court may, before
rendering judgment, place the defendant on probation.

(13) The court costs in a municipal infraction proceeding in which costs are
imposed are $5. A defendant may not be liable for payment to the Criminal Injuries
Compensation Fund.

- 2804 -