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Ch. 267
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2002 LAWS OF MARYLAND
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(II) AN APPELLATE COURT AFFIRMS THE JUDGMENT OF GUILT BUT
REMANDS FOR A NEW PROCEEDING ON THE ISSUE OF WHETHER THE PERSON IS A
SEXUAL PREDATOR.
(D) THE BURDEN OF PROOF IS ON THE STATE TO PROVE BEYOND A
REASONABLE DOUBT THAT A PERSON IS A SEXUAL PREDATOR
(E) IF THE TRIER OF FACT FINDS THAT THE PERSON IS A SEXUAL PREDATOR,
THE COURT MAY SENTENCE THE PERSON TO IMPRISONMENT NOT EXCEEDING LIFE.
(A) ON CONVICTION OF A VIOLATION OF § 3-304, § 3-306, § 3-307, § 3-310, OR §
3-312 OF THIS SUBTITLE, A PERSON WHO HAS BEEN CONVICTED ON A PRIOR
OCCASION NOT ARISING FROM THE SAME INCIDENT OF ANY VIOLATION OF §§ 3-303
THROUGH 3-306 OF THIS SUBTITLE IS SUBJECT TO IMPRISONMENT NOT EXCEEDING
LIFE.
(B) IF THE STATE INTENDS TO PROCEED AGAINST A PERSON UNDER THIS
SECTION, IT SHALL COMPLY WITH THE PROCEDURES SET FORTH IN THE MARYLAND
RULES FOR THE INDICTMENT AND TRIAL OF A SUBSEQUENT OFFENDER
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively to crimes committed on or after the effective
date of this Act and may not be applied or interpreted to have any effect on or
application to any crimes committed before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply to violations of § 3-304, § 3-306, § 3-307, § 3-310, or § 3-312 of
the Criminal Law Article committed on or after the effective date of this Act,
regardless of whether the prior violation of §§ 3-303 through 3-306 of the Criminal
Law Article occurred before or on or after the effective date of this Act.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
Approved April 25, 2002.
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CHAPTER 267
(House Bill 1148)
AN ACT concerning
Public Service Commission - Enforcement - Cease and Desist Orders
FOR the purpose of authorizing the Public Service Commission to issue certain types
of cease and desist orders under certain circumstances; establishing a certain
hearing process; providing that a cease and desist order shall be served in a
certain manner, be effective under certain situations, and contain certain
information; providing guidelines for requests and completion of evidentiary
hearings under certain circumstances; authorizing the Commission to issue a
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