clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1999
Volume 796, Page 3051   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

(ii) Of conspiracy to violate subsection (b)(1) or subsection (b)(2) of

this section; or

(iii) Of an offense under the laws of another state, the District of
Columbia, or the United States that would be a violation of subsection (b)(1) or
subsection (b)(2) of this section if committed in this State.

(2) The prison sentence of a person sentenced under subsection (b)(1) or
subsection (b)(2) of this section, or of conspiracy to violate subsection (b)(1) or
subsection (b)(2) of this section or any combination of these offenses, as a second
offender may not be suspended to less than 10 years, and the person may be paroled
during that period only in accordance with Article 31B, § 11 of the Code.

(3) This subsection does not prevent, prohibit, or make ineligible a
convicted defendant from participating in the rehabilitation program under Title 8,
Subtitle 5 of the Health - General Article, because of the length of sentence, if
imposed under subsection (b)(1) of this section.

(d) (1) A person who is convicted under subsection (b)(1) or subsection (b)(2)
of this section or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this
section shall be sentenced to imprisonment for the term allowed by law, but, in any
event, not less than 25 years AND SUBJECT TO A FINE NOT EXCEEDING $1,000,000
$100,000 if the person previously:

(i) Has served at least 1 term of confinement of at least 180 days in
a correctional institution as a result of a conviction of a previous violation of this
section or § 286A of this article; and

(ii) Has been convicted twice, where the convictions do not arise
from a single incident:

1. Under subsection (b)(1) or subsection (b)(2) of this section;

2. Of conspiracy to violate subsection (b)(1) or subsection

(b)(2) of this section;

3. Of an offense under the laws of another state, the District
of Columbia, or the United States that would be a violation of subsection (b)(1) or
subsection (b)(2) of this section if committed in this State; or

4. Of any combination of these offenses.

(2) Neither the sentence required under paragraph (1) of this subsection
nor any part of it may be suspended, and the person may not be eligible for parole
except in accordance with Article 31B, § 11 of the Code.

(3) A separate occasion shall be considered one in which the second or
succeeding offense is committed after there has been a charging document filed for
the preceding offense.

(e) (1) A person who is convicted under subsection (b)(1) or subsection (b)(2)
of this section or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this
section shall be sentenced to imprisonment for the term allowed by law, but in any

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1999
Volume 796, Page 3051   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact msa.helpdesk@maryland.gov.

©Copyright  August 17, 2024
Maryland State Archives