|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
all such crimes and offenses of which such person so testifying may have
been guilty or a participant or a conspirator therein and about which he
was so compelled to testify" for clarity and brevity.
Also in subsection (d)(3) of this section, the former reference to "trial and
punishment" is deleted because immunity from "prosecution" precludes
trial and punishment.
For provisions on testimony from compelled witnesses generally, see CJ
9-123.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that subsection (d) of this section, which allows a
witness to be compelled to testify and provides transactional immunity for
that testimony, raises significant constitutional concerns under the 5th
and 14th Amendments to the U.S. Constitution, and their State
counterpart, Art. 22 of the Md. Declaration of Rights. See, e.g., Evans v.
State, 333 Md. 660 (1994), cert, denied, 513 U.S. 833 (1994); In re Criminal
Investigation No. 1-162, 307 Md. 674 (1986). The relevant constitutional
provisions generally prohibit self-incrimination. The granting of some
form of immunity against prosecution arising from compelled
incriminating testimony does not, of itself, cure the constitutional defect.
The General Assembly may wish to explore the scope of immunity that
may be required to allow compelled testimony in harmony with federal and
State constitutional precedent. This provision raises the same concerns as
§ 9-201(f) of this subtitle, above.
Defined term: "Person" § 1-101
9-205. ACCEPTANCE OF BRIBE BY PERSON PARTICIPATING IN OR CONNECTED WITH
ATHLETIC CONTEST.
(A) PROHIBITED.
A PERSON PARTICIPATING IN OR CONNECTED WITH AN ATHLETIC CONTEST
MAY NOT ACCEPT A BRIBE TO ALTER THE OUTCOME OF THE ATHLETIC CONTEST.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 24.
In subsection (a) of this section, the former reference to an "amateur or
professional athlete" is deleted as included in the defined term "person".
|
|
|
|
|
|
|
|
|
|
Defined term: "Person" § 1-101
|
|
|
|
|
|
|
|
|
|
- 662 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
