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Ch. 26
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2002 LAWS OF MARYLAND
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Institution" in former Art. 27, § 413(e)(2) for clarity.
Subsection (a)(2)(ii) of this section is revised to incorporate the remainder
of former Art. 27, § 413(e)(2) to the extent not covered by the defined term
"correctional facility".
In subsection (a)(1) of this section, the former qualification, "unless a
contrary meaning is clearly intended from the context in which the term
appears", is deleted as an unnecessary statement of a standard rule of
statutory construction that applies to all definitions.
In subsection (a)(3)(i) of this section, the reference to the "Law
Enforcement Officers' Bill of Rights" is added for clarity.
In subsection (a)(3)(ii) through (v) of this section, the former reference to
the defined terms "as used in [former § 413(d)]" is deleted as surplusage.
In subsection (b) of this section, the cross-reference to former Art. 27, §
412(b) is narrowed to incorporate only the portion of that provision
pertaining to death sentences now § 2-202(a)(1) of this title. A similar
change is made in subsection (e)(1)(ii)2 of this section.
Also in subsection (b) of this section, the phrase "after a defendant is found
guilty of murder in the first degree" is substituted for the former phrase
"after the trial has been completed" to reflect that the sentencing
proceeding could follow a guilty plea.
In subsection (d)(2) of this section, the former reference to "regulations" is
deleted in light of the broad reference to "restrictions" and to avoid
inconsistent use of the term "regulations" as defined in the Administrative
Procedure Act and as used throughout the revised articles of the Code. See
General Revisor's Note to article.
In subsection (g)(1)(vi) and (vii) of this section, the references to a killing
"under" an agreement or contract are substituted for the former references
to a killing "pursuant to" an agreement or contract for clarity.
In subsection (h)(2)(i) of this section, the reference to "probation before
judgment" is substituted for the former reference to "probation on stay of
entry of judgment" for brevity.
In subsection (h)(2)(v) of this section, the specific reference to "murder" is
substituted for the former reference to the "crime" for clarity.
In subsection (i)(3) of this section, the phrase "to impose a death sentence"
is added for clarity.
In subsection (1) of this section, the former phrase "on conviction," is
deleted as implicit in the reference to being "sentenced".
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (g)(1)(viii) of this section,
although committing a murder while under a sentence of "death" or
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- 228 -
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