ROBERT L. EHRLICH, JR., Governor                             Ch. 462

CHAPTER 462
(House Bill 80)

AN ACT concerning

Courts - Criminal Cases - State's Right of Appeal Release of Defendant
Charged with Crime of Violence Pending Appeal by the State

FOR the purpose of repealing a provision of law that requires that certain charges
against a defendant be dismissed if a decision of a trial court excluding certain
evidence is affirmed after an appeal by the State; repealing a provision of law
that requires a defendant be released on personal recognizance bail pending the
prosecution and determination of an appeal by the State from a decision of a
trial court that excludes certain evidence offered by the State creating a certain
exception to the provision of law that requires that a certain defendant be
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:

(i) Failed to impose the sentence specifically mandated by the
Code; or

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