(D) PENALTY.

AN INDIVIDUAL WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 122A(b)(1), (2), and (4), as they related to
weapons.

In subsections (a), (b), and (d) of this section, the references to an
"individual" are substituted for the former reference to a "person" because
only a human being, and not the other entities included in the defined
term "person", can deliver, possess, or receive a weapon. See § 1-101 of this
article for the definition of "person".

In subsection (c) of this section, the reference to "[a]n inmate" is added to
state expressly that which was only implied in the former law.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the prohibition against receipt
of a weapon set forth in subsection (c) of this section does not apply to
individuals other than inmates, i.e., aiders and abettors. If the General
Assembly intended that subsection (c) apply to aiders and abettors, it
should be amended accordingly. See also § 8-803(d) of this subtitle and
accompanying Revisor's Note.

The Correctional Services Article Review Committee further notes, for
consideration by the General Assembly, that, with one exception, this
section mirrors the provisions of § 8-803 of this subtitle. Taken together,
these two sections prohibit delivery, possession with intent to deliver, and
receipt of weapons and contraband to effect an escape. Section 8-803 also
prohibits an individual from depositing or concealing contraband in or
about a correctional facility or on any land appurtenant to the facility to
effect an escape. The General Assembly may wish to amend this section to
prohibit an individual from depositing or concealing a weapon in or about
a correctional facility or on any land appurtenant to the facility.

Defined terms: "Correctional facility" § 1-101
"Inmate" § 1-101
"Weapon" § 8-801

8-803. CONTRABAND IN CORRECTIONAL FACILITIES; TO EFFECT AN ESCAPE.

(A) DELIVERY; PROHIBITED.

AN INDIVIDUAL MAY NOT DELIVER CONTRABAND TO AN INMATE TO EFFECT AN
ESCAPE.

(B) POSSESSION WITH INTENT TO DELIVER; PROHIBITED.