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Ch. 26
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PARRIS N. GLENDENING, Governor
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(I) A VIOLATION OF THIS TITLE; OR
(II) A VIOLATION OF THE LAW OF ANY OTHER JURISDICTION IF THE
PROHIBITED CONDUCT WOULD BE A VIOLATION OF THIS TITLE IF COMMITTED IN
THIS STATE.
(3) "LICENSE" HAS THE MEANING STATED IN ARTICLE 41, § 1-501 OF THE
CODE.
(4) "LICENSING AUTHORITY" HAS THE MEANING STATED IN ARTICLE 41,
§ 1-501 OF THE CODE.
(5) "LICENSING INFORMATION" MEANS A STATEMENT OF:
(I) EACH LICENSE HELD BY THE DEFENDANT ON THE DATE OF
SENTENCING;
(II) THE FULL NAME OF THE LICENSEE AS IT APPEARS ON THE
LICENSE AND, IF DIFFERENT, AS IT APPEARS IN THE COURT'S DOCKET;
(III) THE BIRTH DATE OF THE LICENSEE; AND
(IV) THE NAME OF EACH LICENSING AUTHORITY BY WHOM THE
DEFENDANT IS LICENSED.
(B) RELATIONSHIP BETWEEN CONVICTION AND LICENSE.
(1) IF AN INDIVIDUAL IS CONVICTED OF A DRUG CRIME, THE COURT:
(I) SHALL DETERMINE AT SENTENCING WHETHER THE
INDIVIDUAL HOLDS A LICENSE; AND
(II) IF THE INDIVIDUAL HOLDS A LICENSE, SHALL OBTAIN THE
LICENSING INFORMATION.
(2) IF THE INDIVIDUAL HOLDS A LICENSE, AT SENTENCING, THE COURT
SHALL MAKE A PRIMA FACIE FINDING OF FACT AS TO WHETHER A RELATIONSHIP
EXISTS BETWEEN THE CONVICTION AND THE LICENSE INCLUDING:
(I) A DETERMINATION OF THE INDIVIDUAL'S ABILITY TO PERFORM
THE TASKS AUTHORIZED BY THE LICENSE;
(II) A FINDING OF WHETHER THE PUBLIC WILL BE PROTECTED IF
THE INDIVIDUAL CONTINUES TO PERFORM THE TASKS AUTHORIZED BY THE
LICENSE;
(III) A FINDING OF WHETHER THE NATURE AND CIRCUMSTANCES
OF THE DRUG CRIME MERIT REFERRAL TO THE LICENSING AUTHORITY; AND
(IV) A FINDING OF ANY OTHER FACTS THAT THE COURT CONSIDERS
RELEVANT.
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- 481 -
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