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Ch. 26
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2002 LAWS OF MARYLAND
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(2) THE COURT MAY NOT SUSPEND ANY PART OF THE MANDATORY
MINIMUM SENTENCE OF 40 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.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 286(b)(2) and, as they related to
hallucinogenic substances, (c)(1) and (2), (d), and (e).
In subsection (a) of this section, the reference to a person being subject "on
conviction" to a certain penalty is added for clarity and consistency within
this subtitle.
Also in subsection (a) of this section, the former references to
hallucinogenic substances "classified in Schedule II" and "classified in
Schedule I" are deleted as surplusage.
In subsections (b)(1), (c)(1), and (d)(1) of this section, the references to a
conspiracy "to commit a crime included in" subsection (a) of this section are
substituted for the former references to a conspiracy "to violate"
[subsection (a) of this section] for clarity and accuracy. Similarly, in
subsections (b)(1)(iii), (c)(1)(ii)3, and (d)(1)(iii) of this section, the
references to a crime of another state or the United States that would be "a
crime included in" subsection (a) of this section are substituted for the
former references to such a crime that would be "a violation of" [subsection
(a) of this section].
In subsection (b)(1) of this section and throughout this subtitle, the former
references to a conviction under the laws of the "District of Columbia" are
deleted as included within the definition of "state" in § 1-101 of this
article.
In subsection (b)(2) of this section, the reference to the "mandatory
minimum sentence" is substituted for the former reference to the "prison
sentence" for clarity
Also in subsection (b)(2) of this section, the former reference to a person
"sentenced under ... subsection (b)(2) of this section, or of conspiracy to
violate ... subsection (b)(2) of this section or any combination of these
offenses" is deleted as redundant in light of subsection (b)(1) of this section.
Also in subsection (b)(2) of this section, the former reference to the prison
sentence of a "second offender" is deleted as redundant in light of the
reference to a person "convicted a second time" in subsection (b)(1) of this
section.
In subsection (b)(3) of this section, the reference to a person not being
eligible for parole "during the mandatory minimum sentence" is
substituted for the former reference to a person not being eligible for parole
"during that period" for clarity.
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- 434 -
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