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PARRIS N. GLENDENING, Governor
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Ch. 26
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under this subsection" is added for clarity.
Defined terms: "Correctional facility" § 1-101
"Person" § 1-101
14-102. SENTENCING FOR CRIMES WITH MINIMUM AND MAXIMUM PENALTIES.
(A) IN GENERAL.
SUBJECT TO SUBSECTION (B) OF THIS SECTION, IF A LAW SETS A MAXIMUM AND
A MINIMUM PENALTY FOR A CRIME, THE COURT MAY IMPOSE INSTEAD OF THE
MINIMUM PENALTY A LESSER PENALTY OF THE SAME CHARACTER
(B) EXCEPTIONS.
THIS SECTION DOES NOT AFFECT:
(1) A MAXIMUM PENALTY FIXED BY LAW; OR
(2) THE PUNISHMENT FOR ANY CRIME FOR WHICH THE STATUTE
PROVIDES ONE AND ONLY ONE PENALTY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 643.
In subsection (a) of this section, the phrase "[s]ubject to subsection (b) of
this, section" is added for clarity and to reflect the deletion of the former
phrase "provided, however" in subsection (b) of this section.
Also in subsection (a) of this section, the phrase "if a law" is substituted for
the former phrase "[i]n all cases where the law prescribing a punishment"
for brevity.
Also in subsection (a) of this section, the reference to the "court" is
substituted for the former reference to the "several judges of the circuit
courts of the counties and of the District Court of Maryland" for brevity.
Also in subsection (a) of this section, the reference to the "minimum
penalty" is substituted for the former reference to the "minimum penalty
so prescribed" for brevity.
14-103. BENEFIT OF CLERGY ABOLISHED.
ANY CLAIM TO DISPENSATION FROM PUNISHMENT BY BENEFIT OF CLERGY IS
ABOLISHED.
REVISOR'S NOTE: This section formerly was Art. 27, § 626.
No changes are made.
GENERAL REVISOR'S NOTE TO ARTICLE
The Department of Legislative Services is charged with revising the law in a
clear, concise, and organized manner, without changing the effect of the law. One
precept of revision has been that, once something is said, it should be said in the same
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- 1009 -
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