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PARRIS N. GLENDENING, Governor
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Ch. 26
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(B) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY IF A PERSON IS SENTENCED TO DEATH.
(C) FOURTH CONVICTION OF CRIME OF VIOLENCE.
(1) EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION, ON
CONVICTION FOR A FOURTH TIME OF A CRIME OF VIOLENCE, A PERSON WHO HAS
SERVED THREE SEPARATE TERMS OF CONFINEMENT IN A CORRECTIONAL FACILITY
AS A RESULT OF THREE SEPARATE CONVICTIONS OF ANY CRIME OF VIOLENCE
SHALL BE SENTENCED TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF
PAROLE.
(2) NOTWITHSTANDING ANY OTHER LAW, THE PROVISIONS OF THIS
SUBSECTION ARE MANDATORY.
(D) THIRD CONVICTION OF CRIME OF VIOLENCE.
(1) EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION, ON
CONVICTION FOR A THIRD TIME OF A CRIME OF VIOLENCE, A PERSON SHALL BE
SENTENCED TO IMPRISONMENT FOR THE TERM ALLOWED BY LAW BUT NOT LESS
THAN 25 YEARS, IF THE PERSON:
(I) HAS BEEN CONVICTED OF A CRIME OF VIOLENCE ON TWO
PRIOR SEPARATE OCCASIONS:
1. IN WHICH THE SECOND OR SUCCEEDING CRIME IS
COMMITTED AFTER THERE HAS BEEN A CHARGING DOCUMENT FILED FOR THE
PRECEDING OCCASION; AND
2. FOR WHICH THE CONVICTIONS DO NOT ARISE FROM A
SINGLE INCIDENT; AND
(II) HAS SERVED AT LEAST ONE TERM OF CONFINEMENT IN A
CORRECTIONAL FACILITY AS A RESULT OF A CONVICTION OF A CRIME OF VIOLENCE.
(2) THE COURT MAY NOT SUSPEND ALL OR PART OF THE MANDATORY
25-YEAR SENTENCE REQUIRED UNDER THIS SUBSECTION.
(3) A PERSON SENTENCED UNDER THIS SUBSECTION IS NOT ELIGIBLE
FOR PAROLE EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF § 4-305 OF THE
CORRECTIONAL SERVICES ARTICLE.
(E) SECOND CONVICTION OF CRIME OF VIOLENCE.
(1) ON CONVICTION FOR A SECOND TIME OF A CRIME OF VIOLENCE
COMMITTED ON OR AFTER OCTOBER 1, 1994, A PERSON SHALL BE SENTENCED TO
IMPRISONMENT FOR THE TERM ALLOWED BY LAW, BUT NOT LESS THAN 10 YEARS, IF
THE PERSON:
(I) HAS BEEN CONVICTED ON A PRIOR OCCASION OF A CRIME OF
VIOLENCE, INCLUDING A CONVICTION FOR A CRIME COMMITTED BEFORE OCTOBER
1, 1994; AND
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- 1007 -
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