ROBERT L. EHRLICH, JR., Governor

released on personal recognizance bail pending the outcome of a certain appeal
by the State; providing that a court may release a certain defendant on certain
terms and conditions or may order the defendant remanded to custody pending
the outcome of a certain appeal by the State; requiring that the determination
and enforcement of certain conditions of release be made in accordance with
certain statutory provisions; providing for the application of this Act; and
generally relating to the State's right of appeal release of a criminal defendant
pending the outcome of an appeal by the State.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 12-302(c)
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

12-302.

(c) In a criminal case, the State may appeal as provided in this subsection.

(1)     The State may appeal from a final judgment granting a motion to
dismiss or quashing or dismissing any indictment, information, presentment, or
inquisition.

(2)     The State may appeal from a final judgment if the State alleges that
the trial judge:

Code; or
Rules.

(i) Failed to impose the sentence specifically mandated by the
(ii) Imposed or modified a sentence in violation of the Maryland

(3) (i) In a case involving a crime of violence as defined in § 14-101 of
the Criminal Law Article, and in cases under §§ 5-602 through 5-609 and §§ 5-612
through 5-614 of the Criminal Law Article, the State may appeal from a decision of a
trial court that excludes evidence offered by the State or requires the return of
property alleged to have been seized in violation of the Constitution of the United
States, the Constitution of Maryland, or the Maryland Declaration of Rights.

(ii) The appeal shall be made before jeopardy attaches to the
defendant. However, in all cases the appeal shall be taken no more than 15 days after
the decision has been rendered and shall be diligently prosecuted.

(iii) Before taking the appeal, the State shall certify to the court that
the appeal is not taken for purposes of delay and that the evidence excluded or the
property required to be returned is substantial proof of a material fact in the

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Ch. 461