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PARRIS N. GLENDENING, Governor
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Ch. 26
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deleted in light of the reference to a "place".
In subsection (a)(3)(i) of this section, the former phrases "in any manner, or
by any means," and "by any means or devices whatsoever" are deleted as
surplusage.
In subsection (a)(4) of this section, the word "agree" is substituted for the
former word "argue" to correct a publishing error by the Michie Company,
which occurred in the publication of the 1992 Replacement Volume of
Article 27.
Also in subsection (a)(4) of this section, the reference to "propos[ing]" to
forward is substituted for the former reference to "purpos[ing]" to forward
for clarity.
Also in subsection (a)(4) of this section, the former references to "bet" and
"wager", used as nouns, are deleted for consistency with § 12-101(d)(1) and
(2) of this subtitle.
Also in subsection (a)(4) of this section, the former reference to money bet
"in any manner" is deleted as surplusage.
In subsection (b) of this section, the former phrase "in the discretion of the
court" is deleted as implicit in the range of penalties set forth in that
subsection.
The Criminal Law Article Review Committee notes, for consideration of
the General Assembly, that the specific reference to establishing a place for
making, selling, or "buying" books or pools contained in subsection (a)(3)(ii)
of this section is not reflected in the specific prohibition against "making or
selling" books or pools in subsection (a)(2) of this section, although it is
covered by the general prohibition against "bet[ting], wager[ing], or
gambl[ing]" in subsection (a)(1) of this section. The General Assembly may
wish to add a specific prohibition against "buying" books or pools in
subsection (a)(2) of this section, in order to ensure that the outright
prohibitions against books and pools in subsection (a)(2) of this section
reflect the prohibitions against establishing a place for books and pools in
subsection (a)(3)(ii) of this section.
The Criminal Law Article Review Committee also notes, for the
consideration of the General Assembly, that in subsection (b) of this
section, the former reference to "one half of said fine to go to the informer",
enacted by Ch. 285, Acts of 1890, is deleted in light of Art. 38, § 3, enacted
by Ch. 37, Acts of 1931, which provides that no portion of any fine, penalty,
or forfeiture shall be paid to any informer.
Defined term: "Person" § 1-101
103. PLAYING CERTAIN GAMES.
(A) PROHIBITED.
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- 787 -
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