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Ch. 26
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2002 LAWS OF MARYLAND
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As to the deletion of the reference to a registered "badge, motto, button,
decoration, charm, emblem, rosette" in subsection (d) of this section, see
General Revisor's Note to subtitle.
In subsection (d) of this section, the reference to authorization under the
bylaws of an "organization" is added for consistency with § 19-201 of this
subtitle, which authorizes an organization to register a name or insignia.
Also in subsection (d) of this section, the reference to a symbolic
representation "that is registered under this subtitle" is substituted for the
former archaic reference to a symbolic representation "duly registered
hereunder" for clarity.
Also in subsection (d) of this section, the former reference to a violation "for
any purpose" is deleted as implicit in the reference to the violation.
Also in subsection (d) of this section, the former reference to a symbolic
representation "of any such association or organization, herein mentioned"
is deleted as unnecessary in light of the reference to a "registered" symbolic
representation.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the provisions of subsections (c)(2)(ii) and
(d)(2)(ii) of this section, authorizing imprisonment in default of paying a
fine, may infringe the Fourteenth Amendment to the U.S. Constitution by
imposing a greater punishment on those unable to pay the fine than on
those who are able to pay. See Tate v. Short, 401 U.S. 395 (1971); cf.
Bearden v. Georgia, 461 U.S. 660 (1983).
Defined term: "Person" § 1-101
GENERAL REVISOR'S NOTE TO SUBTITLE
Throughout this subtitle, the references to a "[name or] insignia" are substituted
for variations of the former lengthy, obsolete, and redundant references to a "name,
badge, [motto,] button, decoration, charm, emblem, rosette, [distinctive ribbons,
uniform, official decorations] or other insignia" for clarity, brevity, and consistency
within this subtitle.
Former Art. 27, § 184 authorized an association to register a symbolic
representation, including a motto, with the Secretary of State. Former Art. 27, § 187
provided that the Secretary of State may not register a symbolic representation,
including a motto, that imitates, etc. another registered symbolic representation, not
including a motto. This revision authorizes the registration of the same list of
symbolic representations. This revision also provides that the Secretary of State may
not register a symbolic representation, including a motto, that imitates, etc. another
registered symbolic representation, including a motto. The Criminal Law Article
Review Committee calls this addition to the attention of the General Assembly.
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- 1048 -
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