ROBERT L. EHRLICH, JR., Governor

H.B. 926

(i) is subject to imprisonment not exceeding 18 months or a fine
not exceeding $500 or both; and

(ii) shall restore the property taken to the owner or pay the owner
the value of the property or services.

(3) A PERSON CONVICTED OF THEFT OF PROPERTY OR SERVICES WITH A
VALUE OF LESS THAN $100, IS GUILTY OF A MISDEMEANOR AND:

(I)  IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A
FINE NOT EXCEEDING $500 OR BOTH; AND

(II)  SHALL RESTORE THE PROPERTY TAKEN TO THE OWNER OR PAY
THE OWNER THE VALUE OF THE PROPERTY OR SERVICES.

[(3)] (4) Subject to paragraph [(4)] (5) of this subsection, a person who
has two or more prior convictions under this subtitle and who is convicted of theft of
property or services with a value of less than $500 UNDER PARAGRAPH (2) OF THIS
SUBSECTION is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 5 years or a fine not
exceeding $5,000 or both; and

(ii) shall restore the property taken to the owner or pay the owner
the value of the property or services.

[(4)] (5) The court may not impose the penalties under paragraph [(3)]
(4) of this subsection unless the State's Attorney serves notice on the defendant or the
defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at
least 15 days before trial that:

(i) the State will seek the penalties under paragraph [(3)] (4) of
this subsection; and

(ii) lists the alleged prior convictions.

(i) An action or prosecution for [theft of property or services with a value of
less than $500] A VIOLATION OF PARAGRAPH (2) OR (3) OF THIS SUBSECTION shall be
commenced within 2 years after the commission of the crime.

7-108.

(a) An indictment, information, warrant, or other charging document for theft
under this part, other than for taking a motor vehicle under § 7-105 of this part, is
sufficient if it substantially states:

"(name of defendant) on (date) in (county) stole (property or services stolen) of
(name of victim), having a value of (less than $500, or $500 or more) in violation of §
7-104 of the Criminal Law Article, against the peace, government, and dignity of the
State.".

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