Maryland 2024 Regular Session

Maryland House Bill HB316 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	hb0316
6	6
7	7	HOUSE BILL 316
8	8	E1, E5 EMERGENCY BILL 4lr1336
9	9	SB 744/23 – JPR CF SB 28
10	10	By: Delegates Valentine, Adams, Anderton, Arentz, Baker, Bouchat, Buckel,
11	11	Chisholm, Ciliberti, Fisher, Ghrist, Grammer, Griffith, Hartman,
12	12	Hinebaugh, Hornberger, Howard, Hutchinson, Jacobs, Kipke, R. Long,
13	13	Mangione, McComas, Metzgar, Miller, M. Morgan, T. Morgan, Munoz,
14	14	Nawrocki, Otto, Pippy, Reilly, Rose, Schmidt, Stonko, Szeliga, Tomlin son,
15	15	and Wivell
16	16	Introduced and read first time: January 15, 2024
17	17	Assigned to: Judiciary
18	18
19	19	A BILL ENTITLED
20	20
21	21	AN ACT concerning 1
22	22
23	23	Crimes and Corrections – Penalties and Procedures 2
24	24	(Violent Firearms Offender Act of 2024) 3
25	25
26	26	FOR the purpose of establishing that a violation of a condition of probation, parole, or 4
27	27	mandatory supervision that involves the use or possession of a firearm is not a 5
28	28	technical violation for certain purposes; requiring the Commissioner of Correction to 6
29	29	provide a certain incarcerated individual with a certain reentry kit and assistance 7
30	30	in obtaining Medicaid benefits under certain circumstances; altering the elements of 8
31	31	certain prohibitions against using a certain firearm in the commission of a certain 9
32	32	crime; providing that the use of a firearm in the commission of the offense of 10
33	33	possession with intent to distribute a controlled dangerous substance is a crime of 11
34	34	violence for certain purposes; altering the penalties for unlawful possession of a 12
35	35	regulated firearm; prohibiting a dealer or other person from selling, renting, loaning, 13
36	36	or transferring a regulated firearm to a purchaser, lessee, borrower, or transferee if 14
37	37	the dealer or other person has actual knowledge that the purchaser, lessee, borrower, 15
38	38	or transferee intends to use the regulated firearm for a certain purpose; and 16
39	39	generally relating to criminal and correctional penalties and procedures. 17
40	40
41	41	BY renumbering 18
42	42	Article – Public Safety 19
43	43	Section 5–134(c) and (d) 20
44	44	to be Section 5–134(d) and (e), respectively 21
45	45	Annotated Code of Maryland 22
46	46	(2022 Replacement Volume and 2023 Supplement) 23
47	47
48	48	BY repealing and reenacting, without amendments, 24 2 HOUSE BILL 316
49	49
50	50
51	51	Article – Correctional Services 1
52	52	Section 6–101(a) 2
53	53	Annotated Code of Maryland 3
54	54	(2017 Replacement Volume and 2023 Supplement) 4
55	55
56	56	BY repealing and reenacting, with amendments, 5
57	57	Article – Correctional Services 6
58	58	Section 6–101(m) 7
59	59	Annotated Code of Maryland 8
60	60	(2017 Replacement Volume and 2023 Supplement) 9
61	61
62	62	BY adding to 10
63	63	Article – Correctional Services 11
64	64	Section 9–609.2 12
65	65	Annotated Code of Maryland 13
66	66	(2017 Replacement Volume and 2023 Supplement) 14
67	67
68	68	BY repealing and reenacting, with amendments, 15
69	69	Article – Criminal Law 16
70	70	Section 4–204, 4–306(b), 4–404, and 14–101(a) 17
71	71	Annotated Code of Maryland 18
72	72	(2021 Replacement Volume and 2023 Supplement) 19
73	73
74	74	BY repealing and reenacting, with amendments, 20
75	75	Article – Public Safety 21
76	76	Section 5–133(b) 22
77	77	Annotated Code of Maryland 23
78	78	(2022 Replacement Volume and 2023 Supplement) 24
79	79
80	80	BY repealing and reenacting, with amendments, 25
81	81	Article – Public Safety 26
82	82	Section 5–133(b–1) 27
83	83	Annotated Code of Maryland 28
84	84	(2022 Replacement Volume and 2023 Supplement) 29
85	85	(As enacted by Chapter 622 of the Acts of the General Assembly of 2023) 30
86	86
87	87	BY repealing and reenacting, without amendments, 31
88	88	Article – Public Safety 32
89	89	Section 5–134(b) 33
90	90	Annotated Code of Maryland 34
91	91	(2022 Replacement Volume and 2023 Supplement) 35
92	92
93	93	BY adding to 36
94	94	Article – Public Safety 37
95	95	Section 5–134(c) 38
96	96	Annotated Code of Maryland 39
97	97	(2022 Replacement Volume and 2023 Supplement) 40 HOUSE BILL 316 3
98	98
99	99
100	100
101	101	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
102	102	That Section(s) 5–134(c) and (d) of Article – Public Safety of the Annotated Code of 2
103	103	Maryland be renumbered to be Section(s) 5–134(d) and (e), respectively. 3
104	104
105	105	SECTION 2. AND BE IT FURTHER ENACT ED, That the Laws of Maryland read 4
106	106	as follows: 5
107	107
108	108	Article – Correctional Services 6
109	109
110	110	6–101. 7
111	111
112	112	(a) In this subtitle the following words have the meanings indicated. 8
113	113
114	114	(m) “Technical violation” means a violation of a condition of probation, parole, or 9
115	115	mandatory supervision that does not involve: 10
116	116
117	117	(1) an arrest or a summons issued by a commissioner on a statement of 11
118	118	charges filed by a law enforcement officer; 12
119	119
120	120	(2) a violation of a criminal prohibition other than a minor traffic offense; 13
121	121
122	122	(3) a violation of a no–contact or stay–away order; [or] 14
123	123
124	124	(4) absconding; OR 15
125	125
126	126	(5) USE OR POSSESSION OF A FIREARM. 16
127	127
128	128	9–609.2. 17
129	129
130	130	BEFORE RELEASE OF AN INCARCERATED INDIVID UAL FROM A STATE 18
131	131	CORRECTIONAL FACILIT Y, THE COMMISSIONER OF CORRECTION SHALL PROV IDE 19
132	132	THE INCARCERATED INDIVIDUAL WITH : 20
133	133
134	134	(1) A REENTRY KIT, INCLUDING: 21
135	135
136	136	(I) AT LEAST 1 WEEK OF SUPPLIES FOR BASIC HUMAN NEEDS , 22
137	137	INCLUDING TOILETRIES AND CLOTHING ; 23
138	138
139	139	(II) THE IDENTIFICATION C ARD REQUIRED TO BE I SSUED 24
140	140	UNDER § 9–609.1 OF THIS SUBTITLE; 25
141	141
142	142	(III) 1. CONTACT IN FORMATION FOR ENTITI ES THAT 26
143	143	SPECIALIZE IN PROVID ING REENTRY SERVICES , HOUSING ASSISTANCE , SUBSTANCE 27
144	144	USE DISORDER TREATME NT, AND MENTAL HEALTH SE RVICES; AND 28
145	145	4 HOUSE BILL 316
146	146
147	147
148	148	2. IF THE INCARCERATED INDIVIDUAL IS NOT EL IGIBLE 1
149	149	FOR MEDICAID BENEFITS , CONTACT INFORMATION FOR THE MARYLAND HEALTH 2
150	150	BENEFIT EXCHANGE; AND 3
151	151
152	152	(IV) PUBLIC TRANSPORTATIO N INFORMATION , INCLUDING 4
153	153	LOCAL PUBLIC TRANSPO RTATION SCHEDULES AN D MAPS; AND 5
154	154
155	155	(2) IF THE INCARCERATED INDIVIDUAL IS ELIGIB LE FOR MEDICAID 6
156	156	BENEFITS, ASSISTANCE IN OBTAIN ING MEDICAID BENEFITS . 7
157	157
158	158	Article – Criminal Law 8
159	159
160	160	4–204. 9
161	161
162	162	(a) (1) In this section[, “firearm”] THE FOLLOWING WORDS HAVE THE 10
163	163	MEANINGS INDICATED . 11
164	164
165	165	(2) (I) “FIREARM” means: 12
166	166
167	167	[(i)] 1. a weapon that expels, is designed to expel, or may readily 13
168	168	be converted to expel a projectile by the action of an explosive; or 14
169	169
170	170	[(ii)] 2. the frame or receiver of such a weapon. 15
171	171
172	172	[(2)] (II) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 16
173	173	short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 17
174	174	loaded or unloaded. 18
175	175
176	176	(3) “USE A FIREARM” DOES NOT INCLUDE THE MERE POSSESSION OF 19
177	177	A FIREARM. 20
178	178
179	179	(b) A person may not use a firearm in the commission of a crime of violence, as 21
180	180	defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 22
181	181	operable or inoperable at the time of the crime. 23
182	182
183	183	(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 24
184	184	FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 25
185	185	shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 26
186	186
187	187	(ii) The court may not impose less than the minimum sentence of 5 27
188	188	years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the 28
189	189	person is not eligible for parole in less than 5 years. 29
190	190
191	191	(2) For each subsequent violation, the sentence shall be consecutive to and 30
192	192	not concurrent with any other sentence imposed for the crime of violence or felony. 31
193	193	HOUSE BILL 316 5
194	194
195	195
196	196	4–306. 1
197	197
198	198	(b) (1) IN THIS SUBSECTION , “USES” DOES NOT INCLUDE MER E 2
199	199	POSSESSION. 3
200	200
201	201	(2) A person who uses an assault weapon, a rapid fire trigger activator, or 4
202	202	a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 5
203	203	of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 6
204	204	of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 7
205	205	for the felony or crime of violence, shall be sentenced under this subsection. 8
206	206
207	207	[(2)] (3) (i) For a first violation, the person shall be sentenced to 9
208	208	imprisonment for not less than 5 years and not exceeding 20 years. 10
209	209
210	210	(ii) The court may not impose less than the minimum sentence of 5 11
211	211	years. 12
212	212
213	213	(iii) The mandatory minimum sentence of 5 years may not be 13
214	214	suspended. 14
215	215
216	216	(iv) Except as otherwise provided in § 4–305 of the Correctional 15
217	217	Services Article, the person is not eligible for parole in less than 5 years. 16
218	218
219	219	[(3)] (4) (i) For each subsequent violation, the person shall be 17
220	220	sentenced to imprisonment for not less than 10 years and not exceeding 20 years. 18
221	221
222	222	(ii) The court may not impose less than the minimum sentence of 10 19
223	223	years. 20
224	224
225	225	(iii) A sentence imposed under this paragraph shall be consecutive to 21
226	226	and not concurrent with any other sentence imposed for the felony or crime of violence. 22
227	227
228	228	4–404. 23
229	229
230	230	(a) A person may not use or possess a machine gun in the commission or 24
231	231	attempted commission of a FELONY OR crime of violence. 25
232	232
233	233	(b) A person who violates this section is guilty of a felony and on conviction is 26
234	234	subject to imprisonment not exceeding 20 years. 27
235	235
236	236	14–101. 28
237	237
238	238	(a) In this section, “crime of violence” means: 29
239	239
240	240	(1) abduction; 30
241	241	6 HOUSE BILL 316
242	242
243	243
244	244	(2) arson in the first degree; 1
245	245
246	246	(3) kidnapping; 2
247	247
248	248	(4) manslaughter, except involuntary manslaughter; 3
249	249
250	250	(5) mayhem; 4
251	251
252	252	(6) maiming, as previously proscribed under former Article 27, §§ 385 and 5
253	253	386 of the Code; 6
254	254
255	255	(7) murder; 7
256	256
257	257	(8) rape; 8
258	258
259	259	(9) robbery under § 3–402 or § 3–403 of this article; 9
260	260
261	261	(10) carjacking; 10
262	262
263	263	(11) armed carjacking; 11
264	264
265	265	(12) sexual offense in the first degree; 12
266	266
267	267	(13) sexual offense in the second degree; 13
268	268
269	269	(14) use of a firearm in the commission of a felony [except possession with 14
270	270	intent to distribute a controlled dangerous substance under § 5–602(2) of this article,] or 15
271	271	other crime of violence; 16
272	272
273	273	(15) child abuse in the first degree under § 3–601 of this article; 17
274	274
275	275	(16) sexual abuse of a minor under § 3–602 of this article if: 18
276	276
277	277	(i) 1. the victim is under the age of 13 years and the offender is 19
278	278	an adult at the time of the offense; or 20
279	279
280	280	2. the offender is at least 21 years old and the victim is under 21
281	281	the age of 16 years; and 22
282	282
283	283	(ii) the offense involved: 23
284	284
285	285	1. vaginal intercourse, as defined in § 3–301 of this article; 24
286	286
287	287	2. a sexual act, as defined in § 3–301 of this article; 25
288	288
289	289	3. an act in which a part of the offender’s body penetrates, 26
290	290	however slightly, into the victim’s genital opening or anus; or 27 HOUSE BILL 316 7
291	291
292	292
293	293
294	294	4. the intentional touching of the victim’s or the offender’s 1
295	295	genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 2
296	296
297	297	(17) home invasion under § 6–202(b) of this article; 3
298	298
299	299	(18) a felony offense under Title 3, Subtitle 11 of this article; 4
300	300
301	301	(19) an attempt to commit any of the crimes described in items (1) through 5
302	302	(18) of this subsection; 6
303	303
304	304	(20) continuing course of conduct with a child under § 3–315 of this article; 7
305	305
306	306	(21) assault in the first degree; 8
307	307
308	308	(22) assault with intent to murder; 9
309	309
310	310	(23) assault with intent to rape; 10
311	311
312	312	(24) assault with intent to rob; 11
313	313
314	314	(25) assault with intent to commit a sexual offense in the first degree; and 12
315	315
316	316	(26) assault with intent to commit a sexual offense in the second degree. 13
317	317
318	318	Article – Public Safety 14
319	319
320	320	5–133. 15
321	321
322	322	(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 16
323	323	regulated firearm if the person: 17
324	324
325	325	[(1)] (I) has been convicted of a disqualifying crime; 18
326	326
327	327	[(2)] (II) has been convicted of a violation classified as a common law 19
328	328	crime and received a term of imprisonment of more than 2 years; 20
329	329
330	330	[(3) (i)] (III) 1. has been convicted on or after October 1, 2023, of a 21
331	331	second or subsequent violation of § 4–104 of the Criminal Law Article; or 22
332	332
333	333	[(ii)] 2. has been convicted on or after October 1, 2023, of a 23
334	334	violation of § 4–104 of the Criminal Law Article if the violation resulted in the use of a 24
335	335	loaded firearm by a minor causing death or serious bodily injury to the minor or another 25
336	336	person; 26
337	337	8 HOUSE BILL 316
338	338
339	339
340	340	[(4)] (IV) subject to subsection (b–1) of this section, is on supervised 1
341	341	probation after being convicted: 2
342	342
343	343	[(i)] 1. of a crime punishable by imprisonment for 1 year or more; 3
344	344
345	345	[(ii)] 2. for a violation of § 21–902(b) or (c) of the Transportation 4
346	346	Article; or 5
347	347
348	348	[(iii)] 3. for violating a protective order under § 4–509 of the Family 6
349	349	Law Article; 7
350	350
351	351	[(5)] (V) is a fugitive from justice; 8
352	352
353	353	[(6)] (VI) is a habitual drunkard; 9
354	354
355	355	[(7)] (VII) is addicted to a controlled dangerous substance or is a habitual 10
356	356	user; 11
357	357
358	358	[(8)] (VIII) suffers from a mental disorder as defined in § 10–101(i)(2) of the 12
359	359	Health – General Article and has a history of violent behavior against the person or 13
360	360	another; 14
361	361
362	362	[(9)] (IX) has been found incompetent to stand trial under § 3–106 of the 15
363	363	Criminal Procedure Article; 16
364	364
365	365	[(10)] (X) has been found not criminally responsible under § 3–110 of the 17
366	366	Criminal Procedure Article; 18
367	367
368	368	[(11)] (XI) has been voluntarily admitted for more than 30 consecutive days 19
369	369	to a facility as defined in § 10–101 of the Health – General Article; 20
370	370
371	371	[(12)] (XII) has been involuntarily committed to a facility as defined in § 21
372	372	10–101 of the Health – General Article; 22
373	373
374	374	[(13)] (XIII) is under the protection of a guardian appointed by a court under 23
375	375	§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 24
376	376	appointment of a guardian is solely a result of a physical disability; 25
377	377
378	378	[(14)] (XIV) except as provided in subsection (e) of this section, is a 26
379	379	respondent against whom: 27
380	380
381	381	[(i)] 1. a current non ex parte civil protective order has been 28
382	382	entered under § 4–506 of the Family Law Article; or 29
383	383	HOUSE BILL 316 9
384	384
385	385
386	386	[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 1
387	387	Family Law Article, has been issued by a court of another state or a Native American tribe 2
388	388	and is in effect; or 3
389	389
390	390	[(15)] (XV) if under the age of 30 years at the time of possession, has been 4
391	391	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 5
392	392	committed by an adult. 6
393	393
394	394	(2) (I) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 7
395	395	A PERSON WHO VIOLATE S THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON 8
396	396	CONVICTION IS SUBJEC T TO: 9
397	397
398	398	1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 10
399	399	SUBPARAGRAPH , IMPRISONMENT NOT EXC EEDING 5 YEARS OR A F INE NOT 11
400	400	EXCEEDING $10,000 OR BOTH; AND 12
401	401
402	402	2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 13
403	403	FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT NOT EXC EEDING 10 14
404	404	YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 15
405	405
406	406	(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 16
407	407	CRIME. 17
408	408
409	409	(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 18
410	410	PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 19
411	411	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 20
412	412	SENTENCE. 21
413	413
414	414	(3) THE COURT MAY NOT IMP OSE THE PENALTIES UNDER 22
415	415	PARAGRAPH (2)(I)2 OF THIS SUBSECTION U NLESS THE STATE’S ATTORNEY SERVES 23
416	416	NOTICE ON THE DEFEND ANT OR THE DEFENDANT ’S COUNSEL BEFORE THE 24
417	417	ACCEPTANCE OF A PLEA OF GUILTY OR NOLO CO NTENDERE OR AT LEAST 15 DAYS 25
418	418	BEFORE TRIAL THAT : 26
419	419
420	420	(I) THE STATE WILL SEEK THE PENALT IES UNDER PARAGRAPH 27
421	421	(2)(I)2 OF THIS SUBSECTION ; AND 28
422	422
423	423	(II) LISTS THE ALLEGED PR IOR CONVICTIONS . 29
424	424
425	425	(b–1) Subsection [(b)(4)] (B)(1)(IV) of this section may not be construed to prohibit 30
426	426	possession of a regulated firearm by a person who was not convicted of but received only 31
427	427	probation before judgment for an offense listed in subsection [(b)(4)] (B)(1)(IV) of this 32
428	428	section. 33
429	429
430	430	5–134. 34 10 HOUSE BILL 316
431	431
432	432
433	433
434	434	(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 1
435	435	firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 2
436	436	or has reasonable cause to believe: 3
437	437
438	438	(1) is under the age of 21 years, unless the regulated firearm is loaned to a 4
439	439	borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 5
440	440
441	441	(2) has been convicted of a disqualifying crime; 6
442	442
443	443	(3) has been convicted of a conspiracy to commit a felony; 7
444	444
445	445	(4) has been convicted of a violation classified as a common law crime and 8
446	446	received a term of imprisonment of more than 2 years; 9
447	447
448	448	(5) is a fugitive from justice; 10
449	449
450	450	(6) is a habitual drunkard; 11
451	451
452	452	(7) is addicted to a controlled dangerous substance or is a habitual user; 12
453	453
454	454	(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 13
455	455	– General Article, and has a history of violent behavior against the purchaser, lessee, 14
456	456	borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 15
457	457	possesses a physician’s certificate that the recipient is capable of possessing a regulated 16
458	458	firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 17
459	459	another; 18
460	460
461	461	(9) has been confined for more than 30 consecutive days to a facility as 19
462	462	defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 20
463	463	or transferee possesses a physician’s certificate that the recipient is capable of possessing 21
464	464	a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 22
465	465	or to another; 23
466	466
467	467	(10) is a respondent against whom a current non ex parte civil protective 24
468	468	order has been entered under § 4–506 of the Family Law Article; 25
469	469
470	470	(11) if under the age of 30 years at the time of the transaction, has been 26
471	471	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 27
472	472	committed by an adult; 28
473	473
474	474	(12) is visibly under the influence of alcohol or drugs; 29
475	475
476	476	(13) is a participant in a straw purchase; 30
477	477
478	478	(14) subject to subsection (c) of this section for a transaction under this 31
479	479	subsection that is made on or after January 1, 2002, has not completed a certified firearms 32 HOUSE BILL 316 11
480	480
481	481
482	482	safety training course conducted free of charge by the Maryland Police Training and 1
483	483	Standards Commission or that meets standards established by the Maryland Police 2
484	484	Training and Standards Commission under § 3–207 of this article; or 3
485	485
486	486	(15) intends to use the regulated firearm to: 4
487	487
488	488	(i) commit a crime; or 5
489	489
490	490	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 6
491	491	another person. 7
492	492
493	493	(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 8
494	494	TRANSFER A REGULATED FIREARM TO A PURCHASER , LESSEE, BORROWER , OR 9
495	495	TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 10
496	496	THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE INTEND S TO USE THE 11
497	497	REGULATED FIREARM TO : 12
498	498
499	499	(I) COMMIT A CRIME ; OR 13
500	500
501	501	(II) CAUSE HARM TO THE PURCHASER , LESSEE, TRANSFEREE , 14
502	502	OR RECIPIENT OR ANOT HER PERSON. 15
503	503
504	504	(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 16
505	505	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 17
506	506	YEARS. 18
507	507
508	508	(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME. 19
509	509
510	510	(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 20
511	511	PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 21
512	512	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 22
513	513	SENTENCE. 23
514	514
515	515	(5) A DEFENDANT CHARGED WI TH VIOLATING TH IS SUBSECTION 24
516	516	SHALL ALSO BE CHARGE D WITH VIOLATING SUB SECTION (B) OF THIS SECTION. 25
517	517
518	518	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 26
519	519	measure, is necessary for the immediate preservation of the public health or safety, has 27
520	520	been passed by a yea and nay vote supported by three–fifths of all the members elected to 28
521	521	each of the two Houses of the General Assembly, and shall take effect from the date it is 29
522	522	enacted. 30
523	523