|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2007 Vetoed Bills and Messages
|
|
|
|
|
|
H.B. 992
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(i) has served at least one term of confinement of at least 180
days in a correctional institution as a result of a conviction under subsection (a) of this
section, § 5-608 of this subtitle, or § 5-614 of this subtitle; and
(ii) if the convictions do not arise from a single incident, has
been convicted twice:
1. under subsection (a) of this section or § 5-608 of this
subtitle;
2. of conspiracy to commit a crime included in subsection
(a) of this section or § 5-608 of this subtitle;
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 §
5-608 of this subtitle if committed in this State; or
4. of any combination of these crimes.
(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 separate terms of confinement as a result of three separate convictions:
[(i)] (1) under subsection (a) of this section or § 5-608 of this
subtitle;
[(ii)] (2) of conspiracy to commit a crime included in subsection
(a) of this section or § 5-608 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 §
5-608 of this subtitle if committed in this State; or
|
|
|
|
|
|
|
|
|
|
- 4814 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
