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PARRIS N. GLENDENING, Governor
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Ch. 26
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(I) MAY NOT REFUSE TO TESTIFY CONCERNING A CONSPIRACY TO
VIOLATE THIS SECTION; BUT
(II) MAY BE COMPELLED TO TESTIFY AGAINST ANY PERSON WHO
MAY HAVE CONSPIRED TO VIOLATE THIS SECTION.
(2) A PERSON COMPELLED TO TESTIFY UNDER PARAGRAPH (1) OF THIS
SUBSECTION IS A COMPETENT WITNESS.
(3) A PERSON COMPELLED TO TESTIFY FOR THE STATE UNDER THIS
SECTION IS IMMUNE FROM PROSECUTION FOR A CRIME ABOUT WHICH THE PERSON
WAS COMPELLED TO TESTIFY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 23 and 39.
In subsection (b) of this section, the reference to a person being guilty of
"the misdemeanor" of bribery is added to state expressly that which only
was implied by former law. In this State, any crime that was not a felony at
common law and has not been declared a felony by statute is considered a
misdemeanor. See State v. Canova, 278 Md. 483, 490 (1976); Bowser v.
State, 136 Md. 342, 345 (1920); Dutton v. State, 123 Md. 373, 378 (1914);
and Williams v. State, 4 Md. App. 342, 347 (1968).
Also in subsection (b) of this section, the former reference to a sentence
being "in the discretion of the court" is deleted as implicit in the reference
to a person being "subject to" a fine and imprisonment.
In subsection (c) of this section, the reference to a violation being "subject
to § 5-106(b) of the Courts Article" is substituted for the former reference
to the violation subjecting the defendant to imprisonment "in the
penitentiary of the State" for clarity and consistency within this article.
See General Revisor's Note to article.
In subsection (d)(1)(i) of this section, the reference to "violat[ing] of this
section" is substituted for the former reference to "commit[ting] any of the
offenses set forth in § 23 of this article" to reflect the reorganization of
material on athletic contest bribery in this section. Similarly, in subsection
(d)(1)(ii) of this section, the reference to "violat[ing] of this section" is
substituted for the former reference to "commit[ting] any of the aforesaid
offenses" for consistency and clarity.
In subsection (d)(1)(ii) of this section, the former reference to "persons" is
deleted as included in the singular reference to "person". See Art. 1, § 8.
In subsection (d)(3) of this section, the reference to testifying "for the
State" is added to reflect that only the State may grant immunity from
prosecution.
Also in subsection (d)(3) of this section, the phrase "immune from
prosecution for a crime about which the person was compelled to testify" is
substituted for the former phrase "exempt from prosecution,... for any and
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- 661 -
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