ROBERT L. EHRLICH, JR., Governor                             Ch. 335

(ii) For a second offense, a fine of not more than $3,000 or
imprisonment for not more than 3 years or both; and

(iii) For a third or subsequent offense, a fine of not more than $4,000
or imprisonment for not more than 4 years or both.

(2)     Any person who is convicted of a violation of § 21-902(b)[, §
21-902(c), or § 21-902(d)] OR (C) of this article and who, at the time of the offense,
was transporting a minor is subject to:

(i) For a first offense, a fine of not more than $1,000 or
imprisonment for not more than 6 months or both; and

(ii) For a second or subsequent offense, a fine of not more than
$2,000 or imprisonment for not more than 1 year or both.

(3)     For the purpose of determining second or subsequent offender
penalties provided under this subsection, a prior conviction of any provision of §
21-902 of this article that subjected a person to the penalties under this subsection
shall be considered a prior conviction.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved May 11, 2004.

CHAPTER 335
(House Bill 376)

AN ACT concerning

Probation before Judgment - Driving While Impaired by or under the

Influence of Alcohol and Drugs—Evaluation—Required Alcohol- or

Drug-Related Offenses - Evaluation

FOR the purpose of requiring authorizing a court, before imposing a period of
probation before judgment in a case where judgment is being stayed for certain
alcohol- or drug-related driving offenses, to order the Department of Health
and Mental Hygiene to evaluate the defendant as to whether the defendant
needs or would benefit from certain treatment; requiring the court to review the
evaluation prior to before imposing a period of probation; and generally relating
to probation before judgment in cases involving driving while impaired by or
under the influence of alcohol and drugs for certain alcohol- or drug-related
offenses.

BY repealing and reenacting, with amendments,
Article - Criminal Procedure
Section 6-220
Annotated Code of Maryland

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