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H.B. 992
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Martin O'Malley, Governor
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(2) [The court may not suspend any part of the mandatory minimum
sentence of 25 years.
(3) Except as provided in § 4-305 of the Correctional Services Article,
the person is not eligible for parole during the mandatory minimum sentence.
(4)] A separate occasion is one in which the second or succeeding crime
is committed after there has been a charging document filed for the preceding crime.
(d) [(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 40 years and is subject to a fine not
exceeding $100,000] IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 40 YEARS
OR A FINE NOT EXCEEDING $100,000 OR BOTH if the person previously has served
three or more separate terms of confinement as a result of three or more separate
convictions:
[(i)] (1) under subsection (a) of this section or § 5-609 of this
subtitle;
[(ii)] of conspiracy to commit a crime included in subsection
(a) of this section or § 5-609 of this subtitle;
[(iii)] (3) of a crime under the laws of another state or the
United States that would be a crime included in subsection (a) of this section or §
5-609 of this subtitle if committed in this State; or
[(iv)] (4) of any combination of these crimes.
[(2) The court may not suspend any part of the mandatory minimum
sentence of 40 years.
(3) Except as provided in § 4-305 of the Correctional Services Article,
the person is not eligible for parole during the mandatory minimum sentence.]
(E) A PERSON CONVICTED UNDER SUBSECTION (A) OF THIS SECTION OR
OF CONSPIRACY TO COMMIT A CRIME INCLUDED IN SUBSECTION (A) OF THIS
SECTION IS NOT PROHIBITED FROM PARTICIPATING IN A DRUG TREATMENT
PROGRAM UNDER § 8-507 OF THE HEALTH GENERAL ARTICLE BECAUSE OF
THE LENGTH OF THE SENTENCE.
(F) (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
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-4811-
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