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PARRIS N. GLENDENING, Governor
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Ch. 351
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(2) Notwithstanding paragraph (1) of this subsection, a court may not
stay the entering of judgment and place a person on probation for a violation of any
provision of § 21-902 of the Transportation Article if the person has been convicted
under, or has been placed on probation under this section after being charged with a
violation of, § 21-902 of the Transportation Article within the preceding 5 years.
(3) Notwithstanding paragraph (1) of this subsection, a court may not
stay the entering of judgment and place a person on probation for a second or
subsequent controlled dangerous substance offense under §§ 276 through 303 of this
article.
(4) Notwithstanding paragraph (1) of this subsection, a court may not
stay the entering of judgment and place a person on probation for a violation of any of
the provisions of §§ 462 through 464B of this article for an offense involving a person
under the age of 16 years.
(5) By consenting to and receiving a stay of entering of the judgment as
provided by this subsection, the person waives the right to appeal from the judgment
of guilt by the court at any time. Prior to the person consenting to the stay of entering
of the judgment, the court shall notify the person that by consenting to and receiving
a stay of entry of judgment, the person waives the right to appeal from the judgment
of guilt by the court at any time.
(b) Upon violation of a term or condition of probation, the court may enter
judgment and proceed with disposition of the person as if the person had not been
placed on probation.
(c) Upon fulfillment of the terms and conditions of probation, the court shall
discharge the person from probation. The discharge is final disposition of the matter.
Discharge of a person under this section shall be without judgment of conviction and
is not a conviction for purposes of any disqualification or disability imposed by law
because of conviction of crime.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2000.
Approved May 11, 2000.
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CHAPTER 351
(House Bill 264)
AN ACT concerning
Vehicle Law - Vehicles Over 10,000 Pound Rating - Restriction on
Passengers in Cargo Area
FOR the purpose of prohibiting drivers of certain vehicles from allowing a person to
occupy an area in the vehicle intended primarily for cargo while the vehicle is
being operated on a highway; prohibiting a person from occupying the cargo
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- 2029 -
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