|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(II) IF IT APPEARS FROM THE EVIDENCE THAT THE HANDGUN WAS
WORN, CARRIED, OR TRANSPORTED ON PUBLIC SCHOOL PROPERTY IN THE STATE,
THE PERSON SHALL BE SENTENCED TO IMPRISONMENT FOR NOT LESS THAN 90
DAYS.
(3) (I) IF THE PERSON HAS PREVIOUSLY BEEN CONVICTED ONCE
UNDER THIS SECTION, § 4-204 OF THIS SUBTITLE, OR § 4-101 OR § 4-102 OF THIS
TITLE, THE PERSON SHALL BE SENTENCED:
1. TO IMPRISONMENT FOR NOT LESS THAN 1 YEAR AND NOT
EXCEEDING 10 YEARS; BUT
2. IF IT APPEARS FROM THE EVIDENCE THAT THE HANDGUN
WAS WORN, CARRIED, OR TRANSPORTED ON PUBLIC SCHOOL PROPERTY IN THE
STATE, TO IMPRISONMENT FOR NOT LESS THAN 3 YEARS AND NOT EXCEEDING 10
YEARS.
(II) THE COURT MAY NOT IMPOSE LESS THAN THE APPLICABLE
MINIMUM SENTENCE PROVIDED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(4) (I) IF THE PERSON HAS PREVIOUSLY BEEN CONVICTED MORE
THAN ONCE UNDER THIS SECTION, § 4-204 OF THIS SUBTITLE, OR § 4-101 OR § 4-102
OF THIS TITLE, OR OF ANY COMBINATION OF THESE CRIMES, THE PERSON SHALL BE
SENTENCED:
1. TO IMPRISONMENT FOR NOT LESS THAN 3 YEARS AND
NOT EXCEEDING 10 YEARS; BUT
2. A. IF IT APPEARS FROM THE EVIDENCE THAT THE
HANDGUN WAS WORN, CARRIED, OR TRANSPORTED ON PUBLIC SCHOOL PROPERTY
IN THE STATE, TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS AND NOT
EXCEEDING 10 YEARS; OR
B. IF IT APPEARS FROM THE EVIDENCE THAT THE HANDGUN
WAS WORN, CARRIED, OR TRANSPORTED WITH THE DELIBERATE PURPOSE OF
INJURING OR KILLING ANOTHER PERSON, TO IMPRISONMENT FOR NOT LESS THAN 5
YEARS AND NOT EXCEEDING 10 YEARS.
(II) THE COURT MAY NOT IMPOSE LESS THAN THE APPLICABLE
MINIMUM SENTENCE PROVIDED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
REVISOR'S NOTE; This section is new language derived without substantive
change from former Art. 27, § 36B(b) and (c).
In subsection (a)(1) of this section, the introductory language "[e]xcept as
provided in subsection (c) of this section" is added for clarity.
In subsection (a)(1)(ii) of this section, the former reference to "roads or
parking lots generally used by the public" is deleted in light of the
references to a "public" road and parking lot.
In subsection (b)(1) of this section, the reference to wearing, carrying, or
transporting "the handgun" is substituted for the former reference to
|
|
|
|
|
|
|
|
|
|
- 337 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
