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S.B. 639
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VETOES
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3. jeopardize the safety of a source of information.
(4) After the order sealing the affidavit expires, the affidavit shall be:
(i) unsealed; and
(ii) delivered within 15 days;
1. to the person from whom the property was taken; or
2. if that person is not on the premises at the time of delivery,
to the person apparently in charge of the premises from which the property was
taken.
5-101.
(e) A defendant may not be released on personal recognizance if the defendant
is charged with:
(1) a crime listed in § 5-202(d) of this title after having been convicted of
a crime listed in § 5-202(d) of this title; [or]
(2) a crime punishable by death or life imprisonment without parole;
(3) AN ACT OF TERRORISM UNDER § 3-1002 OF THE CRIMINAL LAW
ARTICLE; OR
(4) HARBORING A TERRORIST UNDER § 3-1004 OF THE CRIMINAL LAW
ARTICLE.
5-202.
(b) (1) A District Court commissioner may not authorize the pretrial release
of a defendant charged:
(I) as a drug kingpin under Article 27, § 286(g) of the Code; OR
(II) WITH COMMITTING AN ACT OF TERRORISM UNDER § 3-1002 OF
THE CRIMINAL LAW ARTICLE, A THREAT TO COMMIT AN ACT OF TERRORISM UNDER g
3-1003 OF THE CRIMINAL LAW ARTICLE, OR HARBORING A TERRORIST UNDER § 3 1004
OF THE CRIMINAL LAW ARTICLE.
(2) A judge may authorize the pretrial release of a defendant charged [as
a drug kingpin] WITH A CRIME LISTED IN PARAGRAPH (1) OF THIS SUBSECTION on
suitable bail and on any other conditions that will reasonably ensure that the
defendant will not flee or pose a danger to another person or the community.
(3) There is a rebuttable presumption that, if released, a defendant
charged [as a drug kingpin] WITH A CRIME LISTED IN PARAGRAPH (1) OF THIS
SUBSECTION will flee and pose a danger to another person or the community.
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- 4762 -
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