PARRIS N. GLENDENING, Governor

Ch. 625

WHEREAS, The General Assembly has expressed its intent in Article 27, § 641 of
the Annotated Code of Maryland that a probation before judgment may not be
considered a conviction for purposes of any disqualification or disability imposed by law
because of a conviction; and

WHEREAS, A court may only impose a probation before judgment for an offense
if it finds that the best interests of the person and the welfare of the people of the State
would be served by such an order; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

641.

(a) (1) (i) 1. Whenever a person accused of a crime pleads guilty or nolo
contendere or is found guilty of an offense, a court exercising criminal jurisdiction, if
satisfied that the best interests of the person and the welfare of the people of the State
would be served thereby, and with the written consent of the person after determination
of guilt or acceptance of a nolo contendere plea, may stay the entering of judgment, defer
further proceedings, and place the person on probation subject to reasonable terms and
conditions as appropriate. The terms and conditions may include ordering the person to
pay a fine or pecuniary penalty to the State, or to make restitution, but before the court
orders a fine, pecuniary penalty, or restitution the person is entitled to notice and a
hearing to determine the amount of the fine, pecuniary penalty, or restitution, what
payment will be required, and how payment will be made. The terms and conditions also
may include any type of rehabilitation program or clinic, or similar program, or the parks
program or voluntary hospital program.

(2)     Notwithstanding paragraph (1) of this subsection, a court may not stay
the entering of judgment and place a person on probation for a violation of any provision
of § 21-902 of the Transportation Article if the person has been convicted under, or has
been placed on probation under this section after being charged with a violation of, §
21-902 of the Transportation Article within the preceding 5 years.

(3)     Notwithstanding paragraph (1) of this subsection, a court may not stay
the entering of judgment and place a person on probation for a second or subsequent
controlled dangerous substance offense under §§ 276 through 303 of this article.

(c) Upon fulfillment of the terms and conditions of probation, the court shall
discharge the person from probation. The discharge is final disposition of the matter.
Discharge of a person under this section shall be without judgment of conviction and is
not a conviction for purposes of any disqualification or disability imposed by law because
of conviction of crime.

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