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Session Laws, 1999
Volume 796, Page 488   View pdf image
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(2) RECEIVE A DEVISE OR BEQUEST, OR A PROMISE OF A DEVISE OR
BEQUEST, FROM AN INMATE IN A CORRECTIONAL FACILITY IN THE DIVISION OR
FROM A PERSON ON BEHALF OF AN INMATE; OR

(3) ENTER INTO A CONTRACT WITH AN INMATE IN A CORRECTIONAL
FACILITY IN THE DIVISION OR WITH A PERSON ON BEHALF OF AN INMATE.

(B) VOID.

A GIFT, REWARD, BEQUEST, DEVISE, PROMISE, OR CONTRACT ACCEPTED,
RECEIVED, OR ENTERED INTO IN VIOLATION OF THIS SECTION IS VOID.

(C) PENALTY.

A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $500.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 688.

In the introductory language of subsection (a) of this section, the reference
to the "Division" is substituted for the former, obsolete reference to the
"Department". See General Revisor's Note to this subtitle.

Also in the introductory language of subsection (a) of this section, the
reference to an officer or "other" employee is added to state expressly that
which was only implied in the former law, i.e., officers are a type of
"employee".

In subsection (a)(1), (2), and (3) of this section, the references to a
correctional facility "in the Division" are added based on the former
reference to "said" facilities for clarity.

Also in subsection (a)(1), (2), and (3) of this section, the defined term
"correctional facility" is substituted for the former reference to
"institutions" for consistency throughout this article. See General Revisor's
Note to this article.

In subsection (c) of this section, the reference to being "guilty of a
misdemeanor" is added to state expressly that which was only implied in
the former law. In this State, any crime that was not a felony at common
law and has not been declared a felony by statute, is considered to be a
misdemeanor. See State v. Canova, 278 Md. 483, 490 (1976); Bowser v.
State, 136 Md. 342, 345 (1920); Williams v. State, 4 Md. App. 342, 347
(1968); and Dutton v. State, 123 Md. 373, 378 (1914).

Defined terms: "Correctional facility" § 1-101
"Division" § 3-101
"Inmate" § 1-101
"Person" § 1-101

 

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Session Laws, 1999
Volume 796, Page 488   View pdf image
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