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PARRIS N. GLENDENING, Governor
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Ch. 26
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(C) THIRD TIME OFFENDER
(1) A PERSON WHO IS CONVICTED UNDER SUBSECTION (A) OF THIS
SECTION OR OF CONSPIRACY TO COMMIT A CRIME INCLUDED IN SUBSECTION (A) OF
THIS SECTION SHALL BE SENTENCED TO IMPRISONMENT FOR NOT LESS THAN 25
YEARS AND IS SUBJECT TO A FINE NOT EXCEEDING $100,000 IF THE PERSON
PREVIOUSLY:
(I) HAS SERVED AT LEAST ONE TERM OF CONFINEMENT OF AT
LEAST 180 DAYS IN A CORRECTIONAL INSTITUTION AS A RESULT OF A CONVICTION
UNDER SUBSECTION (A) OF THIS SECTION OR § 5-614 OF THIS SUBTITLE; AND
(II) HAS BEEN CONVICTED TWICE, IF THE CONVICTIONS ARISE
FROM SEPARATE OCCASIONS:
1. UNDER SUBSECTION (A) OF THIS SECTION;
2. OF CONSPIRACY TO COMMIT A CRIME INCLUDED IN
SUBSECTION (A) OF THIS SECTION;
3. OF A CRIME UNDER THE LAWS OF ANOTHER STATE OR
THE UNITED STATES THAT WOULD BE A CRIME INCLUDED IN SUBSECTION (A) OF
THIS SECTION IF COMMITTED IN THIS STATE; OR
4. OF ANY COMBINATION OF THESE CRIMES.
(2) THE COURT MAY NOT SUSPEND ANY PART OF THE MANDATORY
MINIMUM SENTENCE OF 25 YEARS.
(3) EXCEPT AS PROVIDED IN § 4-305 OF THE CORRECTIONAL SERVICES
ARTICLE, THE PERSON IS NOT ELIGIBLE FOR PAROLE DURING THE MANDATORY
MINIMUM SENTENCE.
(4) A SEPARATE OCCASION IS ONE IN WHICH THE SECOND OR
SUCCEEDING CRIME IS COMMITTED AFTER THERE HAS BEEN A CHARGING
DOCUMENT FILED FOR THE PRECEDING CRIME.
(D) FOURTH TIME OFFENDER
(1) A PERSON WHO IS CONVICTED UNDER SUBSECTION (A) OF THIS
SECTION OR OF CONSPIRACY TO COMMIT A CRIME INCLUDED IN SUBSECTION (A) OF
THIS SECTION SHALL BE SENTENCED TO IMPRISONMENT FOR NOT LESS THAN 40
YEARS AND IS SUBJECT TO A FINE NOT EXCEEDING $100,000 IF THE PERSON
PREVIOUSLY HAS SERVED THREE OR MORE SEPARATE TERMS OF CONFINEMENT AS
A RESULT OF THREE OR MORE SEPARATE CONVICTIONS:
(I) UNDER SUBSECTION (A) OF THIS SECTION;
(II) OF CONSPIRACY TO COMMIT A CRIME INCLUDED IN
SUBSECTION (A) OF THIS SECTION;
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- 429 -
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