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Ch. 213
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2002 LAWS OF MARYLAND
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(v) burglary in the third degree under [Article 27, § 31 of the Code]
§ 6-204 OF THE CRIMINAL LAW ARTICLE;
(vi) causing abuse to a child under [Article 27, § 35C of the Code] §
3-601 OF THE CRIMINAL LAW ARTICLE;
(vii) a crime that relates to a destructive device under [Article 27, §
139C of the Code) § 4-503 OF THE CRIMINAL LAW ARTICLE;
(vii) a crime that relates to a controlled dangerous substance under
[Article 27, § 286 of the Code] §§ 5-602 THROUGH 5-609 OR § 5-612 OR § 5-613 OF THE
CRIMINAL LAW ARTICLE;
(ix) manslaughter by vehicle or vessel under [Article 27, § 388 of
the Code] § 2-209 OF THE CRIMINAL LAW ARTICLE; and
(x) a crime of violence.
6-219.
(c) (2) If the court places on probation a defendant who has been convicted
of a violation of any provision of [Article 27, §§ 276 through 303 of the Code) TITLE 5
OF THE CRIMINAL LAW ARTICLE, the court shall require as a condition that the
defendant participate in a drug treatment or education program approved by the
Department of Health and Mental Hygiene, unless the court finds and states on the
record that the interests of the defendant and the public do not require the imposition
of this condition.
6-220.
(c) (2) When the crime for which the judgment is being stayed is for a
violation of any provision of [Article 27, §§ 276 through 303 of the Code] TITLE 5 OF
THE CRIMINAL LAW ARTICLE, the court shall impose a period of probation and, as a
condition of probation, require the defendant to participate in a drug treatment or
education program approved by the Department of Health and Mental Hygiene,
unless the court finds and states on the record that the interests of the defendant and
the public do not require the imposition of this condition.
(d) Notwithstanding subsections (b) and (c) of this section, a court may not
stay the entering of judgment and place a defendant on probation for:
(1) a violation of § 21-902 of the Transportation Article, if within the
preceding 5 years the defendant has been convicted under or has been placed on
probation under that section after being charged with a violation of § 21-902 of the
Transportation Article;
(2) a second or subsequent controlled dangerous substance crime under
[Article 27, §§ 276 through 303 of the Code] TITLE 5 OF THE CRIMINAL LAW ARTICLE;
or
(3) a violation of any of the provisions of [Article 27, §§ 462 through
464B of the Code] §§ 3-303 THROUGH 3-307 OF THE CRIMINAL LAW ARTICLE for a
crime involving a person under the age of 16 years.
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- 1816 -
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