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PARRIS N. GLENDENING, Governor
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Ch. 26
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mail is deleted as included in the reference to "certified" mail. See Art. 1, §
20.
In subsection (d)(2) of this section, the reference to "a bona fide resident of
the State" is added for consistency with subsection (d)(1) of this section and
to state explicitly that the prohibition against a prosecution not being
started until 10 days after a written demand letter is mailed applies only
to a prosecution of a resident of the State.
Also in subsection (d)(2) of this section, the former reference to prosecution
"either by presentment, indictment, or otherwise" is deleted as surplusage.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the Attorney General has found the
limitation on prosecution of a bona fide Maryland resident stated in
subsection (d) of this section to be unconstitutional as violating both Equal
Protection and the Commerce Clause of the U.S. Constitution. See Letter of
Advice from Attorney General J. Joseph Curran, Jr. to Judge Alan M.
Wilner, pp. 10-14 (October 17, 2000). It is possible to address these
concerns by extending the waiting period for prosecution of a Maryland
resident to all persons. It is also possible to remedy the constitutional
defect by eliminating the waiting period entirely, relying instead on
prosecutorial discretion in deciding whether to bring a particular case to
court. Each of these options involves a substantive change. Accordingly, the
General Assembly may wish to address these concerns in substantive
legislation.
For failure to return a rental vehicle, see § 7-205 of this article.
Defined term: "Person" § 1-101
8-408. UNLAWFUL SUBLEASING OF MOTOR VEHICLES.
(A) DEFINITIONS.
(1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "DIRECT LOAN AGREEMENT' MEANS AN AGREEMENT BETWEEN A
LENDER AND A BORROWER UNDER WHICH THE LENDER ADVANCES FUNDS UNDER A
LOAN SECURED BY THE MOTOR VEHICLE PURCHASED BY THE BORROWER
(3) (I) "INSTALLMENT SALE AGREEMENT" MEANS A CONTRACT FOR
THE SALE OR LEASE OF A MOTOR VEHICLE, NEGOTIATED OR ENTERED INTO IN THE
STATE, UNDER WHICH:
1. PART OR ALL OF THE PRICE IS PAYABLE IN ONE OR MORE
PAYMENTS AFTER THE CONTRACT IS MADE; AND
2. THE SELLER TAKES COLLATERAL SECURITY OR KEEPS A
SECURITY INTEREST IN THE MOTOR VEHICLE SOLD.
(II) "INSTALLMENT SALE AGREEMENT" INCLUDES:
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