Ch. 5

2003 LAWS OF MARYLAND

In subsections (a)(2)(i) and (b)(2)(i) of this section, the specific references to
provisions of the Public Safety Article are substituted for the former
reference to a "provision of Article 27 of the Code" for clarity.

In subsection (b)(1) of this section, the former reference to a person who
"aids or counsels ... or who commits any other act in furtherance of a
violation" is deleted as unnecessary due to the abrogation of accessory
before the fact liability. See CP § 4-204.

Defined terms: "Explosives" § 11-101
"Person" § 1-101

11-117. MERGER OF CONVICTIONS; PREEMPTION AMONG PENALTIES.

(A)     MERGER OF CONVICTIONS.

IF A PERSON HAS BEEN CONVICTED OF A VIOLATION OF § 11-114(A) AND (B) OF
THIS SUBTITLE, OR OF A VIOLATION OF § 11-115(A) AND 11-114(B) OF THIS SUBTITLE,
AND THE CONVICTIONS ARISE OUT OF THE SAME TRANSACTION, THE CONVICTION
UNDER § 11-114(A) OR § 11-115(A) OF THIS SUBTITLE MERGES INTO THE CONVICTION
UNDER § 11-114(B) OF THIS SUBTITLE.

(B)     PREEMPTION AMONG PENALTIES.

IF A PERSON HAS BEEN CONVICTED OF TWO OR MORE VIOLATIONS UNDER THIS
SUBTITLE AND HAS BEEN PENALIZED UNDER § 11-114(G), § 11-115(E), OR § 11-116 OF
THIS SUBTITLE FOR ONE VIOLATION, THE PERSON IS NOT SUBJECT TO AN
ADDITIONAL PENALTY UNDER § 11-116 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 34E.

In subsection (b) of this section, the former reference to "any penalty
and/or fine imposed pursuant to § 34B shall preempt the other penalties
and/or fines imposed pursuant to any other of such sections as a result of
such violation or violations except any penalty and/or fine imposed
pursuant to § 34A hereof" is deleted as obsolete in light of the revision of §
11-116 of this subtitle, which combines the identical penalty provisions of
former Art. 38A, §§ 34A and 34B. Subsection (b) of this section is revised to
prohibit explicitly the imposition of two or more penalties for any two or
more violations of this subtitle if the person has been penalized under §
11-116 of this subtitle for one of the violations.

Defined term: "Person" § 1-101

11-118. PROCEDURES FOR ACTION UNDER SUBTITLE.

IN AN ACTION UNDER THIS SUBTITLE:

(1) THE STATE NEED NOT DISPROVE ANY EXCEPTION, EXCUSE,
PROVISO, OR EXEMPTION UNDER THIS SUBTITLE; AND

- 472 -