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PARRIS N. GLENDENING, Governor
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Ch. 26
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REVISOR'S NOTE: Chapter 26, Acts of 2002, which enacted the Criminal Law
Article, also added this section, which is new language derived without
substantive change from former Art. 27, § 480.
Throughout this section, the references to a "returnable" container are
added for clarity and consistency.
In subsection (a)(2) of this section, the reference to "affirm[ing]" a marking
is substituted for the former archaic reference to "averring" a marking for
clarity.
In subsection (a)(3) of this section, the reference to a person using a
container or textile "through" registration is substituted for the former
reference to a person using a container or textile "by virtue of such"
registration for clarity and brevity.
In this section, the reference to a transferee "if applicable" is substituted
for the former reference to a transferee "as the case may be" for clarity and
brevity.
Defined terms: "Person" § 1-101
"Returnable container" § 19-301
"Returnable textile" § 19-301
19-307. POSSESSION — EVIDENCE OF VIOLATION.
(A) IN GENERAL.
IN A PROSECUTION UNDER § 19-304(A), (B), (C), OR (D) OF THIS SUBTITLE,
POSSESSION BY A PERSON CHARGED OF ALL OR PART OF THE REGISTERED
RETURNABLE CONTAINER OR RETURNABLE TEXTILE IS PRIMA FACIE EVIDENCE
THAT THE PERSON IS GUILTY OF THE CHARGE.
(B) EXCEPTIONS.
SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO:
(1) A GARBAGE COLLECTOR WHO COLLECTS A REGISTERED
RETURNABLE CONTAINER OR RETURNABLE TEXTILE IN THE REGULAR COURSE OF
BUSINESS;
(2) THE POSSESSION OF A REGISTERED RETURNABLE CONTAINER BY A
PERSON WHO RECEIVED THE CONTAINER WITH ITS CONTENTS; OR
(3) THE POSSESSION OF A REGISTERED RETURNABLE TEXTILE.
REVISOR'S NOTE: Chapter 26, Acts of 2002, which enacted the Criminal Law
Article, also added this section, which is new language derived without
substantive change from former Art. 27, § 474, as it related to the
evidentiary value of the possession of a registered returnable container or
returnable textile.
In subsection (a) of this section, the reference to a "person charged" is
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