Maryland 2022 Regular Session

Maryland House Bill HB423 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0423
6	6
7	7	HOUSE BILL 423
8	8	E2 EMERGENCY BILL 2lr0124
9	9	HB 356/20 – JUD CF 2lr0123
10	10	By: The Speaker (By Request – Administration) and Delegates Anderton, Boteler,
11	11	Buckel, Chisholm, Ghrist, Griffith, Hartman, Hornberger, Howard, Jacobs,
12	12	Kipke, Kittleman, Krebs, Long, Mangione, Mautz, McComas, McKay,
13	13	Metzgar, Morgan, Munoz, Novotny, Otto, Parrott, Reilly, Saab, Shoemaker,
14	14	Szeliga, Thiam, and Wivell
15	15	Introduced and read first time: January 19, 2022
16	16	Assigned to: Judiciary
17	17
18	18	A BILL ENTITLED
19	19
20	20	AN ACT concerning 1
21	21
22	22	Crimes – Firearms – Penalties and Procedures 2
23	23	(Violent Firearms Offender Act of 2022) 3
24	24
25	25	FOR the purpose of expanding the types of cases in which the State may appeal from a 4
26	26	decision of a trial court under certain circumstances; establishing, altering, and 5
27	27	clarifying penalties for and elements of certain firearm–related crimes; prohibiting 6
28	28	a District Court commissioner from authorizing the pretrial release of a certain 7
29	29	defendant charged with a certain firearm –related crime under certain 8
30	30	circumstances; prohibiting a dealer or other person from selling, renting, loaning, or 9
31	31	transferring a regulated firearm to a purchaser, lessee, borrower, or transferee if the 10
32	32	dealer or other person has actual knowledge that the purchaser, lessee, borrower, or 11
33	33	transferee was previously convicted of a certain crime or intends to use the regulated 12
34	34	firearm for a certain purpose; altering a certain definition of “technical violation” 13
35	35	applicable to parole and probation provisions; and generally relating to firearms. 14
36	36
37	37	BY renumbering 15
38	38	Article – Criminal Law 16
39	39	Section 7–104(h) through (j), respectively 17
40	40	to be Section 7–104(i) through (k), respectively 18
41	41	Annotated Code of Maryland 19
42	42	(2021 Replacement Volume and 2021 Supplement) 20
43	43
44	44	BY renumbering 21
45	45	Article – Public Safety 22
46	46	Section 5–134(c) and (d), respectively 23
47	47	to be Section 5–134(d) and (e), respectively 24
48	48	Annotated Code of Maryland 25 2 HOUSE BILL 423
49	49
50	50
51	51	(2018 Replacement Volume and 2021 Supplement) 1
52	52
53	53	BY repealing and reenacting, without amendments, 2
54	54	Article – Correctional Services 3
55	55	Section 6–101(a) 4
56	56	Annotated Code of Maryland 5
57	57	(2017 Replacement Volume and 2021 Supplement) 6
58	58
59	59	BY repealing and reenacting, with amendments, 7
60	60	Article – Correctional Services 8
61	61	Section 6–101(m) 9
62	62	Annotated Code of Maryland 10
63	63	(2017 Replacement Volume and 2021 Supplement) 11
64	64
65	65	BY repealing and reenacting, with amendments, 12
66	66	Article – Courts and Judicial Proceedings 13
67	67	Section 12–302(c)(4) 14
68	68	Annotated Code of Maryland 15
69	69	(2020 Replacement Volume and 2021 Supplement) 16
70	70
71	71	BY repealing and reenacting, with amendments, 17
72	72	Article – Criminal Law 18
73	73	Section 4–204, 4–306(b), 4–404, and 7–104(g) 19
74	74	Annotated Code of Maryland 20
75	75	(2021 Replacement Volume and 2021 Supplement) 21
76	76
77	77	BY adding to 22
78	78	Article – Criminal Law 23
79	79	Section 7–104(h) 24
80	80	Annotated Code of Maryland 25
81	81	(2021 Replacement Volume and 2021 Supplement) 26
82	82
83	83	BY repealing and reenacting, with amendments, 27
84	84	Article – Criminal Law 28
85	85	Section 7–104(j) 29
86	86	Annotated Code of Maryland 30
87	87	(2021 Replacement Volume and 2021 Supplement) 31
88	88	(As enacted by Section 1 of this Act) 32
89	89
90	90	BY repealing and reenacting, without amendments, 33
91	91	Article – Criminal Procedure 34
92	92	Section 5–202(c)(1) and (d)(1) 35
93	93	Annotated Code of Maryland 36
94	94	(2018 Replacement Volume and 2021 Supplement) 37
95	95
96	96	BY repealing and reenacting, with amendments, 38
97	97	Article – Criminal Procedure 39 HOUSE BILL 423 3
98	98
99	99
100	100	Section 5–202(f) 1
101	101	Annotated Code of Maryland 2
102	102	(2018 Replacement Volume and 2021 Supplement) 3
103	103
104	104	BY repealing and reenacting, with amendments, 4
105	105	Article – Public Safety 5
106	106	Section 5–133(b) and (c), 5–134(b), 5–138, 5–141, 5–142, and 5–144 6
107	107	Annotated Code of Maryland 7
108	108	(2018 Replacement Volume and 2021 Supplement) 8
109	109
110	110	BY adding to 9
111	111	Article – Public Safety 10
112	112	Section 5–134(c) 11
113	113	Annotated Code of Maryland 12
114	114	(2018 Replacement Volume and 2021 Supplement) 13
115	115
116	116	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
117	117	That Section(s) 7–104(h) through (j), respectively, of Article – Criminal Law of the 15
118	118	Annotated Code of Maryland be renumbered to be Section(s) 7–104(i) through (k), 16
119	119	respectively. 17
120	120
121	121	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5 –134(c) and (d), 18
122	122	respectively, of Article – Public Safety of the Annotated Code of Maryland be renumbered 19
123	123	to be Section(s) 5–134(d) and (e), respectively. 20
124	124
125	125	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
126	126	as follows: 22
127	127
128	128	Article – Correctional Services 23
129	129
130	130	6–101. 24
131	131
132	132	(a) In this subtitle the following words have the meanings indicated. 25
133	133
134	134	(m) “Technical violation” means a violation of a condition of probation, parole, or 26
135	135	mandatory supervision that does not involve: 27
136	136
137	137	(1) an arrest or a summons issued by a commissioner on a statement of 28
138	138	charges filed by a law enforcement officer; 29
139	139
140	140	(2) a violation of a criminal prohibition other than a minor traffic offense; 30
141	141
142	142	(3) a violation of a no–contact or stay–away order; [or] 31
143	143
144	144	(4) absconding; OR 32
145	145
146	146	(5) USE OR POSSESSION OF A FIREARM. 33 4 HOUSE BILL 423
147	147
148	148
149	149
150	150	Article – Courts and Judicial Proceedings 1
151	151
152	152	12–302. 2
153	153
154	154	(c) (4) (i) [In a case involving] THIS PARAGRAPH APPLIE S IN A CASE: 3
155	155
156	156	1. INVOLVING a crime of violence as defined in § 14–101 of 4
157	157	the Criminal Law Article[, and in cases under §§ 5–602 through 5–609 and §§ 5–612 5
158	158	through 5–614]; 6
159	159
160	160	2. UNDER § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 7
161	161	5–607, § 5–608, § 5–609, § 5–612, § 5–613, OR § 5–614 of the Criminal Law Article[,]; 8
162	162
163	163	3. UNDER § 5–621 OR § 5–622 OF THE CRIMINAL LAW 9
164	164	ARTICLE; OR 10
165	165
166	166	4. UNDER § 5–133, § 5–133.1, § 5–134, § 5–136, § 5–138, 11
167	167	§ 5–140, § 5–141, § 5–142, § 5–205, OR § 5–206 OF THE PUBLIC SAFETY ARTICLE. 12
168	168
169	169	(II) FOR CASES LISTED IN S UBPARAGRAPH (I) OF THIS 13
170	170	PARAGRAPH , the State may appeal from a decision of a trial court that excludes evidence 14
171	171	offered by the State or requires the return of property alleged to have been seized in 15
172	172	violation of the Constitution of the United States, the Maryland Constitution, or the 16
173	173	Maryland Declaration of Rights. 17
174	174
175	175	[(ii)] (III) The appeal shall be made before jeopardy attaches to the 18
176	176	defendant. However, in all cases the appeal shall be taken no more than 15 days after the 19
177	177	decision has been rendered and shall be diligently prosecuted. 20
178	178
179	179	[(iii)] (IV) Before taking the appeal, the State shall certify to the 21
180	180	court that the appeal is not taken for purposes of delay and that the evidence excluded or 22
181	181	the property required to be returned is substantial proof of a material fact in the proceeding. 23
182	182	The appeal shall be heard and the decision rendered within 120 days of the time that the 24
183	183	record on appeal is filed in the appellate court. Otherwise, the decision of the trial court 25
184	184	shall be final. 26
185	185
186	186	[(iv)] (V) Except in a homicide case, if the State appeals on the basis 27
187	187	of this paragraph, and if on final appeal the decision of the trial court is affirmed, the 28
188	188	charges against the defendant shall be dismissed in the case from which the appeal was 29
189	189	taken. In that case, the State may not prosecute the defendant on those specific charges or 30
190	190	on any other related charges arising out of the same incident. 31
191	191
192	192	[(v)] (VI) 1. Except as provided in subsubparagraph 2 of this 32
193	193	subparagraph, pending the prosecution and determination of an appeal taken under this 33
194	194	paragraph or paragraph (2) of this subsection, the defendant shall be released on personal 34 HOUSE BILL 423 5
195	195
196	196
197	197	recognizance bail. If the defendant fails to appear as required by the terms of the 1
198	198	recognizance bail, the trial court shall subject the defendant to the penalties provided in § 2
199	199	5–211 of the Criminal Procedure Article. 3
200	200
201	201	2. A. Pending the prosecution and determination of an 4
202	202	appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which 5
203	203	the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal 6
204	204	Law Article, OR A FIREARM–RELATED CRIME LISTED IN SUBPARAGRAPH (I)3 OR 4 OF 7
205	205	THIS PARAGRAPH , the court may release the defendant on any terms and conditions that 8
206	206	the court considers appropriate or may order the defendant remanded to custody pending 9
207	207	the outcome of the appeal. 10
208	208
209	209	B. The determination and enforcement of any terms and 11
210	210	conditions of release shall be in accordance with the provisions of Title 5 of the Criminal 12
211	211	Procedure Article. 13
212	212
213	213	[(vi)] (VII) If the State loses the appeal, the jurisdiction shall pay all 14
214	214	the costs related to the appeal, including reasonable attorney’s fees incurred by the 15
215	215	defendant as a result of the appeal. 16
216	216
217	217	Article – Criminal Law 17
218	218
219	219	4–204. 18
220	220
221	221	(a) (1) In this section, “firearm” means: 19
222	222
223	223	(i) a weapon that expels, is designed to expel, or may readily be 20
224	224	converted to expel a projectile by the action of an explosive; or 21
225	225
226	226	(ii) the frame or receiver of such a weapon. 22
227	227
228	228	(2) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 23
229	229	short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 24
230	230	loaded or unloaded. 25
231	231
232	232	(b) A person may not use a firearm in the commission of a crime of violence, as 26
233	233	defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 27
234	234	operable or inoperable at the time of the crime. 28
235	235
236	236	(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 29
237	237	FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 30
238	238	shall be sentenced: 31
239	239
240	240	1. FOR A FIRST OFFENSE , to imprisonment for not less than 32
241	241	5 years and not exceeding 20 years; AND 33
242	242	6 HOUSE BILL 423
243	243
244	244
245	245	2. FOR A SECOND OR SUBS EQUENT OFFENSE , TO 1
246	246	IMPRISONMENT FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 2
247	247
248	248	(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE: 3
249	249
250	250	1. THE court may not impose less than the MANDATORY 4
251	251	minimum sentence of 5 years [and, except] FOR A SENTENCE IMPOS ED UNDER 5
252	252	SUBPARAGRAPH (I)1 OF THIS PARAGRAPH ; AND 6
253	253
254	254	2. THE COURT MAY NOT IM POSE LESS THAN THE 7
255	255	MANDATORY MINIMUM SENTENCE OF 10 YEARS FOR A SENTENCE IMPOSED UNDER 8
256	256	SUBPARAGRAPH (I)2 OF THIS PARAGRAPH . 9
257	257
258	258	(III) THE MANDATORY MINIMUM SENTENCE REQUIRED UN DER 10
259	259	SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y NOT BE SUSPENDED . 11
260	260
261	261	(IV) EXCEPT as otherwise provided in § 4–305 of the Correctional 12
262	262	Services Article, the person is not eligible for parole in less than [5 years] THE 13
263	263	MANDATORY MINIMUM SE NTENCE. 14
264	264
265	265	(2) [For each subsequent violation, the] THE sentence shall be consecutive 15
266	266	to and not concurrent with any other sentence imposed for the crime of violence or felony. 16
267	267
268	268	4–306. 17
269	269
270	270	(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, or 18
271	271	a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 19
272	272	of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 20
273	273	of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 21
274	274	for the felony or crime of violence, shall be sentenced under this subsection. 22
275	275
276	276	(2) (i) For a first violation, the person shall be sentenced to 23
277	277	imprisonment for not less than 5 years and not exceeding 20 years. 24
278	278
279	279	(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 25
280	280	court may not impose less than the minimum sentence of 5 years. 26
281	281
282	282	(iii) The mandatory minimum sentence of 5 years may not be 27
283	283	suspended. 28
284	284
285	285	(iv) Except as otherwise provided in § 4–305 of the Correctional 29
286	286	Services Article, the person is not eligible for parole in less than 5 years. 30
287	287
288	288	(3) (i) For each subsequent violation, the person shall be sentenced to 31
289	289	imprisonment for not less than 10 years and not exceeding 20 years. 32
290	290	HOUSE BILL 423 7
291	291
292	292
293	293	(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 1
294	294	court may not impose less than the minimum sentence of 10 years. 2
295	295
296	296	(III) THE MANDATORY MINIMUM SENTENCE OF 10 YEARS MAY 3
297	297	NOT BE SUSPENDED . 4
298	298
299	299	(IV) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 5
300	300	CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 6
301	301	LESS THAN 10 YEARS. 7
302	302
303	303	[(iii)] (4) A sentence imposed under this [paragraph] SUBSECTION 8
304	304	shall be consecutive to and not concurrent with any other sentence imposed for the felony 9
305	305	or crime of violence. 10
306	306
307	307	4–404. 11
308	308
309	309	(a) A person may not use or possess a machine gun in the commission or 12
310	310	attempted commission of a FELONY OR crime of violence. 13
311	311
312	312	(b) (1) A person who violates this section is guilty of a felony and on conviction, 14
313	313	IN ADDITION TO ANY O THER PENALTY IMPOSED FOR THE CRIME OF VIO LENCE OR 15
314	314	FELONY, is subject to [imprisonment not exceeding 20 years]: 16
315	315
316	316	(I) FOR A FIRST OFFENSE, IMPRISONMENT FOR NOT LESS THAN 17
317	317	5 YEARS AND NOT EXCEED ING 20 YEARS; AND 18
318	318
319	319	(II) FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT 19
320	320	FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 20
321	321
322	322	(2) (I) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 21
323	323	MAY NOT IMPOSE LESS THAN THE MANDATORY M INIMUM SENTENCE OF 5 YEARS FOR 22
324	324	A SENTENCE IMPOSED U NDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 23
325	325
326	326	(II) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 24
327	327	MAY NOT IMPOSE LESS THAN THE MANDATORY M INIMUM SENTENCE O F 10 YEARS 25
328	328	FOR A SENTENCE IMPOS ED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION . 26
329	329
330	330	(3) A MANDATORY MINIMUM SE NTENCE UNDER PARAGRA PH (1) OF 27
331	331	THIS SUBSECTION MAY NOT BE SUSPENDED . 28
332	332
333	333	(4) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 29
334	334	CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 30
335	335	LESS THAN THE MANDAT ORY MINIMUM SENTENCE . 31
336	336	8 HOUSE BILL 423
337	337
338	338
339	339	(5) THE SENTENCE SHALL BE CONSECUTIVE TO AND N OT 1
340	340	CONCURRENT WITH ANY OTHER SENTENCE IMPOS ED FOR THE CRIME OF VIOLENCE 2
341	341	OR FELONY. 3
342	342
343	343	7–104. 4
344	344
345	345	(g) (1) THIS SUBSECTION DOES NOT APPLY TO TH EFT OF A FIREARM . 5
346	346
347	347	(2) A person convicted of theft of property or services with a value of: 6
348	348
349	349	(i) at least $1,500 but less than $25,000 is guilty of a felony and: 7
350	350
351	351	1. is subject to imprisonment not exceeding 5 years or a fine 8
352	352	not exceeding $10,000 or both; and 9
353	353
354	354	2. shall restore the property taken to the owner or pay the 10
355	355	owner the value of the property or services; 11
356	356
357	357	(ii) at least $25,000 but less than $100,000 is guilty of a felony and: 12
358	358
359	359	1. is subject to imprisonment not exceeding 10 years or a fine 13
360	360	not exceeding $15,000 or both; and 14
361	361
362	362	2. shall restore the property taken to the owner or pay the 15
363	363	owner the value of the property or services; or 16
364	364
365	365	(iii) $100,000 or more is guilty of a felony and: 17
366	366
367	367	1. is subject to imprisonment not exceeding 20 years or a fine 18
368	368	not exceeding $25,000 or both; and 19
369	369
370	370	2. shall restore the property taken to the owner or pay the 20
371	371	owner the value of the property or services. 21
372	372
373	373	[(2)] (3) Except as provided in paragraph [(3)] (4) of this subsection, a 22
374	374	person convicted of theft of property or services with a value of at least $100 but less than 23
375	375	$1,500, is guilty of a misdemeanor and: 24
376	376
377	377	(i) is subject to: 25
378	378
379	379	1. for a first conviction, imprisonment not exceeding 6 26
380	380	months or a fine not exceeding $500 or both; and 27
381	381
382	382	2. for a second or subsequent conviction, imprisonment not 28
383	383	exceeding 1 year or a fine not exceeding $500 or both; and 29
384	384	HOUSE BILL 423 9
385	385
386	386
387	387	(ii) shall restore the property taken to the owner or pay the owner 1
388	388	the value of the property or services. 2
389	389
390	390	[(3)] (4) A person convicted of theft of property or services with a value of 3
391	391	less than $100 is guilty of a misdemeanor and: 4
392	392
393	393	(i) is subject to imprisonment not exceeding 90 days or a fine not 5
394	394	exceeding $500 or both; and 6
395	395
396	396	(ii) shall restore the property taken to the owner or pay the owner 7
397	397	the value of the property or services. 8
398	398
399	399	[(4)] (5) Subject to paragraph [(5)] (6) of this subsection, a person who 9
400	400	has four or more prior convictions under this subtitle and who is convicted of theft of 10
401	401	property or services with a value of less than $1,500 under paragraph [(2)] (3) of this 11
402	402	subsection is guilty of a misdemeanor and: 12
403	403
404	404	(i) is subject to imprisonment not exceeding 5 years or a fine not 13
405	405	exceeding $5,000 or both; and 14
406	406
407	407	(ii) shall restore the property taken to the owner or pay the owner 15
408	408	the value of the property or services. 16
409	409
410	410	[(5)] (6) The court may not impose the penalties under paragraph [(4)] 17
411	411	(5) of this subsection unless the State’s Attorney serves notice on the defendant or the 18
412	412	defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least 19
413	413	15 days before trial that: 20
414	414
415	415	(i) the State will seek the penalties under paragraph [(4)] (5) of this 21
416	416	subsection; and 22
417	417
418	418	(ii) lists the alleged prior convictions. 23
419	419
420	420	(H) (1) A PERSON CONVICTED OF THEFT OF A FIREARM , INCLUDING AN 24
421	421	ANTIQUE FIREARM OR A REPLICA OF AN ANTIQU E FIREARM, IS GUILTY OF A FELON Y 25
422	422	AND: 26
423	423
424	424	(I) 1. FOR A FIRST CONVICTI ON, IS SUBJECT TO 27
425	425	IMPRISONMENT FOR NOT LESS THAN 2 YEARS AND NOT EXCEED ING 10 YEARS AND A 28
426	426	FINE NOT EXCEEDING $2,500; AND 29
427	427
428	428	2. FOR A SECOND OR SUBS EQUENT CONVICTION , IS 30
429	429	SUBJECT TO IMPRISONM ENT FOR NOT LESS THA N 5 YEARS AND NOT EXCEEDING 15 31
430	430	YEARS AND A FINE NOT EXCEEDING $10,000; AND 32
431	431	10 HOUSE BILL 423
432	432
433	433
434	434	(II) SHALL RESTORE THE FI REARM TO THE OWNER O R PAY THE 1
435	435	OWNER THE VALUE OF T HE FIREARM. 2
436	436
437	437	(2) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT MAY 3
438	438	NOT IMPOSE LESS THAN THE MANDATORY MINIMU M SENTENCE OF : 4
439	439
440	440	(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 5
441	441
442	442	(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 6
443	443
444	444	(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 7
445	445	MINIMUM SENTENCE OF : 8
446	446
447	447	(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 9
448	448
449	449	(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 10
450	450
451	451	(4) A SENTENCE IMPOSED UND ER PARAGRAPH (1) OF THIS 11
452	452	SUBSECTION SHALL BE SEPARATE FROM AND CONSEC UTIVE TO A SENTENCE FOR 12
453	453	ANY OTHER OFFENSE . 13
454	454
455	455	(j) An action or prosecution for a violation of subsection [(g)(2) or (3)] (G)(3) OR 14
456	456	(4) of this section shall be commenced within 2 years after the commission of the crime. 15
457	457
458	458	Article – Criminal Procedure 16
459	459
460	460	5–202. 17
461	461
462	462	(c) (1) A District Court commissioner may not authorize the pretrial release of 18
463	463	a defendant charged with a crime of violence if the defendant has been previously convicted: 19
464	464
465	465	(i) in this State of a crime of violence; 20
466	466
467	467	(ii) in any other jurisdiction of a crime that would be a crime of 21
468	468	violence if committed in this State; or 22
469	469
470	470	(iii) of an offense listed in subsection (f)(1) of this section. 23
471	471
472	472	(d) (1) A District Court commissioner may not authorize the pretrial release of 24
473	473	a defendant charged with committing one of the following crimes while the defendant was 25
474	474	released on bail or personal recognizance for a pending prior charge of committing one of 26
475	475	the following crimes: 27
476	476
477	477	(i) aiding, counseling, or procuring arson in the first degree under § 28
478	478	6–102 of the Criminal Law Article; 29 HOUSE BILL 423 11
479	479
480	480
481	481
482	482	(ii) arson in the second degree or attempting, aiding, counseling, or 1
483	483	procuring arson in the second degree under § 6–103 of the Criminal Law Article; 2
484	484
485	485	(iii) burglary in the first degree under § 6–202 of the Criminal Law 3
486	486	Article; 4
487	487
488	488	(iv) burglary in the second degree under § 6–203 of the Criminal Law 5
489	489	Article; 6
490	490
491	491	(v) burglary in the third degree under § 6–204 of the Criminal Law 7
492	492	Article; 8
493	493
494	494	(vi) causing abuse to a child under § 3–601 or § 3–602 of the Criminal 9
495	495	Law Article; 10
496	496
497	497	(vii) a crime that relates to a destructive device under § 4–503 of the 11
498	498	Criminal Law Article; 12
499	499
500	500	(viii) a crime that relates to a controlled dangerous substance under 13
501	501	§§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article; 14
502	502
503	503	(ix) manslaughter by vehicle or vessel under § 2–209 of the Criminal 15
504	504	Law Article; and 16
505	505
506	506	(x) a crime of violence. 17
507	507
508	508	(f) (1) (I) A District Court commissioner may not authorize the pretrial 18
509	509	release of a defendant charged with [one of the following crimes] A CRIME LISTED IN 19
510	510	SUBPARAGRAPH (II) OF THIS PARAGRAPH if the defendant: 20
511	511
512	512	1. has previously been convicted of a crime of violence or [one 21
513	513	of the following crimes:] A CRIME LISTED IN SU BPARAGRAPH (II) OF THIS PARAGRAPH ; 22
514	514	OR 23
515	515
516	516	2. IS ON PRETRIAL RELEASE FOR A CRIME OF VIOLE NCE 24
517	517	OR A CRIME LISTED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH . 25
518	518
519	519	(II) THIS SUBSECTION APPLI ES TO THE FOLLOWING CRIMES: 26
520	520
521	521	[(i)] 1. wearing, carrying, or transporting a handgun under § 27
522	522	4–203 of the Criminal Law Article; 28
523	523
524	524	[(ii)] 2. use of a handgun or an antique firearm in commission of a 29
525	525	crime under § 4–204 of the Criminal Law Article; 30
526	526	12 HOUSE BILL 423
527	527
528	528
529	529	[(iii)] 3. violating prohibitions relating to assault weapons under § 1
530	530	4–303 of the Criminal Law Article; 2
531	531
532	532	[(iv)] 4. use of a machine gun in a crime of violence under § 4–404 3
533	533	of the Criminal Law Article; 4
534	534
535	535	[(v)] 5. use of a machine gun for an aggressive purpose under § 5
536	536	4–405 of the Criminal Law Article; 6
537	537
538	538	[(vi)] 6. use of a weapon as a separate crime under § 5–621 of the 7
539	539	Criminal Law Article; 8
540	540
541	541	7. POSSESSING, USING, OWNING, CARRYING, OR 9
542	542	TRANSPORTING A FIREA RM BY A PERSON WITH A PRIOR DRUG CONVICT ION UNDER 10
543	543	§ 5–622 OF THE CRIMINAL LAW ARTICLE; 11
544	544
545	545	[(vii)] 8. possession of a regulated firearm under § 5–133 of the 12
546	546	Public Safety Article; 13
547	547
548	548	9. SALE, RENTAL, OR TRANSFER OF A REG ULATED 14
549	549	FIREARM UNDER § 5–134 OF THE PUBLIC SAFETY ARTICLE; 15
550	550
551	551	10. STRAW PURCHASE OF A REGULATED FIREARM UN DER 16
552	552	§ 5–136 OF THE PUBLIC SAFETY ARTICLE; 17
553	553
554	554	11. SALE, TRANSFER, OR DISPOSAL OF A STO LEN 18
555	555	REGULATED FIREARM UN DER § 5–138 OF THE PUBLIC SAFETY ARTICLE; 19
556	556
557	557	[(viii)] 12. transporting a regulated firearm for unlawful sale or 20
558	558	trafficking under § 5–140 of the Public Safety Article; [or] 21
559	559
560	560	13. KNOWING PARTICIPATIO N IN A STRAW PURCHAS E OF 22
561	561	A REGULATED FIREARM UNDER § 5–141 OF THE PUBLIC SAFETY ARTICLE; 23
562	562
563	563	14. REMOVAL OR ALTERATIO N OF THE MANUFACTURE R’S 24
564	564	IDENTIFICATION MARK OR NUMBER ON A FIREA RM UNDER § 5–142 OF THE PUBLIC 25
565	565	SAFETY ARTICLE; 26
566	566
567	567	[(ix)] 15. possession of a rifle or shotgun by a person with a mental 27
568	568	disorder under § 5–205 of the Public Safety Article; 28
569	569
570	570	16. POSSESSION OF A RIFL E OR SHOTGUN BY A PE RSON 29
571	571	WITH A PRIOR CONVICT ION UNDER § 5–206 OF THE PUBLIC SAFETY ARTICLE; OR 30
572	572
573	573	17. A CRIME IN ANY OTHER JURISDICTION THAT WO ULD 31 HOUSE BILL 423 13
574	574
575	575
576	576	BE A CRIME UNDER ITEMS 1 THROUGH 16 OF THIS SUBPARAGRAPH IF COMMITTED 1
577	577	IN THIS STATE. 2
578	578
579	579	(2) (i) A judge may authorize the pretrial release of a defendant 3
580	580	described in paragraph (1) of this subsection on: 4
581	581
582	582	1. suitable bail; 5
583	583
584	584	2. any other conditions that will reasonably ensure that the 6
585	585	defendant will not flee or pose a danger to another person or the community; or 7
586	586
587	587	3. both bail and other conditions described under item 2 of 8
588	588	this subparagraph. 9
589	589
590	590	(ii) When a defendant described in paragraph (1) of this subsection 10
591	591	is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 11
592	592	detention of the defendant if the judge determines that neither suitable bail nor any 12
593	593	condition or combination of conditions will reasonably ensure that the defendant will not 13
594	594	flee or pose a danger to another person or the community before the trial. 14
595	595
596	596	(3) There is a rebuttable presumption that a defendant described in 15
597	597	paragraph (1) of this subsection will flee and pose a danger to another person or the 16
598	598	community. 17
599	599
600	600	Article – Public Safety 18
601	601
602	602	5–133. 19
603	603
604	604	(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 20
605	605	regulated firearm if the person: 21
606	606
607	607	[(1)] (I) has been convicted of a disqualifying crime; 22
608	608
609	609	[(2)] (II) has been convicted of a violation classified as a common law 23
610	610	crime and received a term of imprisonment of more than 2 years; 24
611	611
612	612	[(3)] (III) is a fugitive from justice; 25
613	613
614	614	[(4)] (IV) is a habitual drunkard; 26
615	615
616	616	[(5)] (V) is addicted to a controlled dangerous substance or is a habitual 27
617	617	user; 28
618	618
619	619	[(6)] (VI) suffers from a mental disorder as defined in § 10–101(i)(2) of the 29
620	620	Health – General Article and has a history of violent behavior against the person or 30
621	621	another; 31 14 HOUSE BILL 423
622	622
623	623
624	624
625	625	[(7)] (VII) has been found incompetent to stand trial under § 3–106 of the 1
626	626	Criminal Procedure Article; 2
627	627
628	628	[(8)] (VIII) has been found not criminally responsible under § 3–110 of the 3
629	629	Criminal Procedure Article; 4
630	630
631	631	[(9)] (IX) has been voluntarily admitted for more than 30 consecutive days 5
632	632	to a facility as defined in § 10–101 of the Health – General Article; 6
633	633
634	634	[(10)] (X) has been involuntarily committed to a facility as defined in § 7
635	635	10–101 of the Health – General Article; 8
636	636
637	637	[(11)] (XI) is under the protection of a guardian appointed by a court under 9
638	638	§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 10
639	639	appointment of a guardian is solely a result of a physical disability; 11
640	640
641	641	[(12)] (XII) except as provided in subsection (e) of this section, is a 12
642	642	respondent against whom: 13
643	643
644	644	[(i)] 1. a current non ex parte civil protective order has been 14
645	645	entered under § 4–506 of the Family Law Article; or 15
646	646
647	647	[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 16
648	648	Family Law Article, has been issued by a court of another state or a Native American tribe 17
649	649	and is in effect; or 18
650	650
651	651	[(13)] (XIII) if under the age of 30 years at the time of possession, has been 19
652	652	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 20
653	653	committed by an adult. 21
654	654
655	655	(2) (I) EXCEPT AS PROVID ED IN SUBSECTION (C) OF THIS SECTION, 22
656	656	A PERSON WHO VIOLATE S THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON 23
657	657	CONVICTION IS SUBJEC T TO: 24
658	658
659	659	1. FOR A FIRST OFFENSE , IMPRISONMENT NOT 25
660	660	EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND 26
661	661
662	662	2. FOR A SECOND OR SUBSEQUE NT OFFENSE , 27
663	663	IMPRISONMENT NOT EXC EEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR 28
664	664	BOTH. 29
665	665
666	666	(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 30
667	667	CRIME. 31
668	668	HOUSE BILL 423 15
669	669
670	670
671	671	(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 1
672	672	PROHIBITED FROM PART ICIPATING IN A DRUG TREA TMENT PROGRAM UNDER § 2
673	673	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 3
674	674	SENTENCE. 4
675	675
676	676	(c) (1) A person may not possess a regulated firearm if the person was 5
677	677	previously convicted of: 6
678	678
679	679	(i) a crime of violence; 7
680	680
681	681	(ii) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 8
682	682	5–613, § 5–614, § 5–621, [or] § 5–622, § 9–803, § 9–804, OR § 9–805 of the Criminal Law 9
683	683	Article; or 10
684	684
685	685	(iii) an offense under the laws of another state or the United States 11
686	686	that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed 12
687	687	in this State. 13
688	688
689	689	(2) (i) Subject to paragraph (3) of this subsection, a person who violates 14
690	690	this subsection is guilty of a felony and on conviction is subject to imprisonment for not less 15
691	691	than 5 years and not exceeding 15 years. 16
692	692
693	693	(ii) The court may not suspend any part of the mandatory minimum 17
694	694	sentence of 5 years. 18
695	695
696	696	(iii) Except as otherwise provided in § 4–305 of the Correctional 19
697	697	Services Article, the person is not eligible for parole during the mandatory minimum 20
698	698	sentence. 21
699	699
700	700	(3) At the time of the commission of the offense, if a period of more than 5 22
701	701	years has elapsed since the person completed serving the sentence for the most recent 23
702	702	conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, 24
703	703	mandatory supervision, probation, and parole: 25
704	704
705	705	(i) the imposition of the mandatory minimum sentence is within the 26
706	706	discretion of the court; and 27
707	707
708	708	(ii) the mandatory minimum sentence may not be imposed unless 28
709	709	the State’s Attorney notifies the person in writing at least 30 days before trial of the State’s 29
710	710	intention to seek the mandatory minimum sentence. 30
711	711
712	712	(4) Each violation of this subsection is a separate crime. 31
713	713
714	714	(5) A person convicted under this subsection is not prohibited from 32
715	715	participating in a drug treatment program under § 8–507 of the Health – General Article 33
716	716	because of the length of the sentence. 34
717	717	16 HOUSE BILL 423
718	718
719	719
720	720	5–134. 1
721	721
722	722	(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 2
723	723	firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 3
724	724	or has reasonable cause to believe: 4
725	725
726	726	(1) is under the age of 21 years, unless the regulated firearm is loaned to a 5
727	727	borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 6
728	728
729	729	(2) has been convicted of a disqualifying crime; 7
730	730
731	731	(3) has been convicted of a conspiracy to commit a felony; 8
732	732
733	733	(4) has been convicted of a violation classified as a common law crime and 9
734	734	received a term of imprisonment of more than 2 years; 10
735	735
736	736	(5) is a fugitive from justice; 11
737	737
738	738	(6) is a habitual drunkard; 12
739	739
740	740	(7) is addicted to a controlled dangerous substance or is a habitual user; 13
741	741
742	742	(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 14
743	743	– General Article, and has a history of violent behavior against the purchaser, lessee, 15
744	744	borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 16
745	745	possesses a physician’s certificate that the recipient is capable of possessing a regulated 17
746	746	firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 18
747	747	another; 19
748	748
749	749	(9) has been confined for more than 30 consecutive days to a facility as 20
750	750	defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 21
751	751	or transferee possesses a physician’s certificate that the recipient is capable of possessing 22
752	752	a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 23
753	753	or to another; 24
754	754
755	755	(10) is a respondent against whom a current non ex parte civil protective 25
756	756	order has been entered under § 4–506 of the Family Law Article; 26
757	757
758	758	(11) if under the age of 30 years at the time of the transaction, has been 27
759	759	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 28
760	760	committed by an adult; 29
761	761
762	762	(12) is visibly under the influence of alcohol or drugs; 30
763	763
764	764	(13) is a participant in a straw purchase; 31
765	765
766	766	(14) subject to subsection [(c)] (D) of this section for a transaction under this 32 HOUSE BILL 423 17
767	767
768	768
769	769	subsection that is made on or after January 1, 2002, has not completed a certified firearms 1
770	770	safety training course conducted free of charge by the Police Training and Standards 2
771	771	Commission or that meets standards established by the Police Training and Standards 3
772	772	Commission under § 3–207 of this article; or 4
773	773
774	774	(15) intends to use the regulated firearm to: 5
775	775
776	776	(i) commit a crime; or 6
777	777
778	778	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 7
779	779	another person. 8
780	780
781	781	(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 9
782	782	TRANSFER A REGULATED FIREARM TO A PURCHASER , LESSEE, BORROWER , OR 10
783	783	TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 11
784	784	THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE : 12
785	785
786	786	(I) WAS PREVIOUSLY CONVI CTED OF: 13
787	787
788	788	1. A CRIME OF VIOLENCE ; 14
789	789
790	790	2. A VIOLATION OF § 5–602, § 5–603, § 5–604, § 5–605, § 15
791	791	5–612, § 5–613, § 5–614, § 5–621, § 5–622, § 9–803, § 9–804, OR § 9–805 OF THE 16
792	792	CRIMINAL LAW ARTICLE; OR 17
793	793
794	794	3. AN OFFENSE UNDER THE LAWS OF ANOTHER STAT E 18
795	795	OR THE UNITED STATES THAT WOULD CON STITUTE ONE OF THE C RIMES LISTED IN 19
796	796	ITEM 1 OR 2 OF THIS ITEM IF COMM ITTED IN THIS STATE; OR 20
797	797
798	798	(II) INTENDS TO USE THE R EGULATED FIREARM TO : 21
799	799
800	800	1. COMMIT A CRIME ; OR 22
801	801
802	802	2. CAUSE HARM TO THE PU RCHASER, LESSEE, 23
803	803	TRANSFEREE , OR RECIPIENT OR ANOT HER PERSON. 24
804	804
805	805	(2) A PERSON WHO VIOLATES THIS SUBSEC TION IS GUILTY OF A 25
806	806	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 15 26
807	807	YEARS. 27
808	808
809	809	(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME . 28
810	810
811	811	(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 29
812	812	PROHIBITED FROM PART ICIPATING IN A DRUG TR EATMENT PROGRAM UNDE R § 30 18 HOUSE BILL 423
813	813
814	814
815	815	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 1
816	816	SENTENCE. 2
817	817
818	818	(5) A CHARGE OF VIOLATING THIS SUBSECTION ALSO CHARGES A 3
819	819	DEFENDANT WITH VIOLA TING SUBSECTION (B) OF THIS SECTION. 4
820	820
821	821	5–138. 5
822	822
823	823	(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 6
824	824	regulated firearm if the person knows or has reasonable cause to believe that the regulated 7
825	825	firearm has been stolen. 8
826	826
827	827	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND : 9
828	828
829	829	(1) (I) FOR A FIRST CONVICTI ON, IS SUBJECT TO IMPRIS ONMENT 10
830	830	FOR NOT LESS THAN 2 YEARS AND NOT EXCEED ING 10 YEARS AND A FINE NOT 11
831	831	EXCEEDING $2,500; AND 12
832	832
833	833	(II) FOR A SECOND OR SUBS EQUENT CONVICTION , IS SUBJECT 13
834	834	TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS AND NOT EXCEEDING 15 YEARS 14
835	835	AND A FINE NOT EXCEE DING $10,000; AND 15
836	836
837	837	(2) SHALL RESTORE THE FI REARM TO THE OWNER O R PAY THE 16
838	838	OWNER THE VALUE OF T HE FIREARM. 17
839	839
840	840	(C) (1) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 18
841	841	THE COURT MAY NOT IM POSE LESS THAN T HE MANDATORY MINIMUM SENTENCE OF: 19
842	842
843	843	(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 20
844	844
845	845	(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 21
846	846
847	847	(2) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 22
848	848	MINIMUM SENTENCE OF : 23
849	849
850	850	(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 24
851	851
852	852	(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 25
853	853
854	854	(3) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE SEPARATE 26
855	855	FROM AND CONSECUTIVE TO A SENTENCE FOR AN Y OTHER OFFENSE . 27
856	856
857	857	5–141. 28
858	858	HOUSE BILL 423 19
859	859
860	860
861	861	(a) A dealer or other person may not be a knowing participant in a straw purchase 1
862	862	of a regulated firearm for a minor or for a person prohibited by law from possessing a 2
863	863	regulated firearm. 3
864	864
865	865	(b) (1) A person who violates this section is guilty of a [misdemeanor] FELONY 4
866	866	and on conviction is subject to imprisonment FOR NOT LESS THAN 5 YEARS AND not 5
867	867	exceeding [10] 15 years [or] AND a fine not exceeding $25,000 [or both]. 6
868	868
869	869	(2) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 7
870	870	THE COURT MAY NOT IM POSE LESS THAN THE M ANDATORY MINIMUM SEN TENCE 8
871	871	UNDER PAR AGRAPH (1) OF THIS SUBSECTION . 9
872	872
873	873	(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 10
874	874	MINIMUM SENTENCE REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 11
875	875
876	876	(4) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 12
877	877	CORRECTIONAL SERVICES ARTICLE, THE PERSON IS N OT ELIGIBLE FOR PARO LE 13
878	878	DURING THE MANDATORY MINIMUM SENTENCE . 14
879	879
880	880	(c) Each violation of this section is a separate crime. 15
881	881
882	882	5–142. 16
883	883
884	884	(a) A person may not obliterate, remove, change, or alter the manufacturer’s 17
885	885	identification mark or number on a firearm. 18
886	886
887	887	(b) If on trial for a violation of this section possession of the firearm by the 19
888	888	defendant is established, the defendant is presumed to have obliterated, removed, changed, 20
889	889	or altered the manufacturer’s identification mark or number on the firearm. 21
890	890
891	891	(C) A PERSON WHO VIOLATES THI S SECTION IS GUILTY OF A MISDEMEANOR 22
892	892	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 10 YEARS OR 23
893	893	A FINE NOT EXCEEDING $10,000 OR BOTH. 24
894	894
895	895	5–144. 25
896	896
897	897	(a) Except as otherwise provided in this subtitle, a dealer or other person [may 26
898	898	not: 27
899	899
900	900	(1) knowingly participate in the illegal sale, rental, transfer, purchase, 28
901	901	possession, or receipt of a regulated firearm in violation of] WHO KNOWINGLY VIOLAT ES 29
902	902	A PROVISION OF this subtitle[; or 30
903	903
904	904	(2) knowingly violate § 5–142 of this subtitle. 31
905	905	20 HOUSE BILL 423
906	906
907	907
908	908	(b) A person who violates this section] is guilty of a misdemeanor and on 1
909	909	conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 2
910	910	or both. 3
911	911
912	912	[(c)] (B) Each violation of this [section] SUBTITLE is a separate crime. 4
913	913
914	914	SECTION 4. AND BE IT FURTHER ENACTED, That this Act is an emergency 5
915	915	measure, is necessary for the immediate preservation of the public health or safety, has 6
916	916	been passed by a yea and nay vote supported by three–fifths of all the members elected to 7
917	917	each of the two Houses of the General Assembly, and shall take effect from the date it is 8
918	918	enacted. 9
919	919