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Ch. 26
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2002 LAWS OF MARYLAND
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(3) A SENTENCE IMPOSED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL BE CONSECUTIVE TO ANY OTHER SENTENCE IMPOSED.
(D) MERGER
NOTWITHSTANDING ANY OTHER LAW, A CONVICTION UNDER THIS SECTION
MAY NOT MERGE WITH A CONVICTION UNDER § 5-602, § 5-603, § 5-604, § 5-605, § 5-606,
§ 5-607, § 5-608, § 5-609, § 5-612, § 5-613, OR § 5-628 OF THIS SUBTITLE.
(E) MAP AS EVIDENCE.
(1) IN A PROSECUTION UNDER THIS SECTION, A MAP OR CERTIFIED
COPY OF A MAP MADE BY A COUNTY OR MUNICIPAL UNIT TO DEPICT THE LOCATION
AND BOUNDARIES OF THE AREA WITHIN 1,000 FEET OF REAL PROPERTY OWNED BY
OR LEASED TO AN ELEMENTARY SCHOOL, SECONDARY SCHOOL, OR COUNTY BOARD
AND USED FOR SCHOOL PURPOSES IS ADMISSIBLE AS PRIMA FACIE EVIDENCE OF
THE LOCATION AND BOUNDARIES OF THE DEPICTED AREA, IF THE GOVERNING BODY
OF THE COUNTY OR MUNICIPAL CORPORATION APPROVES THE MAP OR CERTIFIED
COPY OF THE MAP AS AN OFFICIAL RECORD OF THE LOCATION AND BOUNDARIES OF
THE DEPICTED AREA.
(2) THE MAP OR A CERTIFIED COPY OF THE MAP SHALL BE FILED WITH
THE COUNTY OR MUNICIPAL CORPORATION, WHICH SHALL MAINTAIN THE MAP OR
THE CERTIFIED COPY OF THE MAP AS AN OFFICIAL RECORD.
(3) THE GOVERNING BODY OF THE COUNTY OR MUNICIPAL
CORPORATION MAY REVISE PERIODICALLY THE MAP OR CERTIFIED COPY OF THE
MAP.
(4) THIS SUBSECTION DOES NOT PRECLUDE THE PROSECUTION FROM
INTRODUCING OTHER EVIDENCE TO ESTABLISH AN ELEMENT OF A CRIME UNDER
THIS SECTION.
(5) THIS SUBSECTION DOES NOT PRECLUDE THE USE OR ADMISSIBILITY
OF MAPS OR DIAGRAMS OTHER THAN THOSE APPROVED BY THE COUNTY OR
MUNICIPAL CORPORATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 286D.
In subsections (a) and (e)(1) of this section, the references to an area
"within 1,000 feet of real property owned by or leased to an elementary
school, secondary school, or school board" are substituted for the former
references to "within 1,000 feet of any real property owned by or leased to
any elementary school, secondary school, or school board, and used for
elementary or secondary education" and "within 1,000 of the property of a
public or nonpublic elementary or secondary school that is used for school
purposes" for brevity.
In subsection (a)(2) of this section, the reference to a "county" board is
substituted for the former reference to a "school" board for consistency with
the Education Article.
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- 458 -
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