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Martin O'Malley, Governor
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H.B. 992
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(C) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND
SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A PERSON WHO IS SERVING
A TERM OF CONFINEMENT THAT INCLUDES A MANDATORY MINIMUM SENTENCE
IMPOSED ON OR BEFORE SEPTEMBER 30, 2007, FOR A VIOLATION OF §§ 5-602
THROUGH 5-606 OF THIS SUBTITLE IS ELIGIBLE TO BE GRANTED:
(I) ONE HEARING BEFORE THE COURT TO MODIFY OR
REDUCE THE MANDATORY MINIMUM SENTENCE AS PROVIDED IN MARYLAND
RULE 4-345, EVEN IF THE DEFENDANT DID NOT TIMELY FILE A MOTION FOR
RECONSIDERATION OR A MOTION FOR RECONSIDERATION WAS DENIED BY THE
COURT; AND
(II) ONE SENTENCE REVIEW OF THE MANDATORY MINIMUM
SENTENCE BY A REVIEW PANEL AS PROVIDED IN § 8-102 OF THE CRIMINAL
PROCEDURE ARTICLE.
(2) THE COURT OR THE REVIEW PANEL MAY STRIKE THE
RESTRICTION AGAINST PAROLE OR REDUCE THE LENGTH OF THE SENTENCE.
(3) TO BE GRANTED A HEARING OR SENTENCE REVIEW UNDER
PARAGRAPH (1) OF THIS SUBSECTION, A PERSON SHALL SUBMIT AN
APPLICATION TO THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30,
2010.
5-608.
(a) Except as otherwise provided in this section, a person who violates a
provision of §§ 5-602 through 5-606 of this subtitle with respect to a Schedule I or
Schedule II narcotic drug is guilty of a felony and on conviction is subject to
imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.
(b) [(1)] A person who is convicted under subsection (a) of this section or of
conspiracy to commit a crime included in subsection (a) of this section [shall be
sentenced to imprisonment for not less than 10 years and is subject to a fine not
exceeding $100,000] IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 20 YEARS
OR A FINE NOT EXCEEDING $100,000 OR BOTH if the person previously has been
convicted once:
[(i)] (1) under subsection (a) of this section or § 5-609 of this
subtitle;
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- 4809 -
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