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Rule 4-340 – Procedures Required After Sentencing in Drug Crime Cases

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Applicability. This Rule applies to a defendant convicted of a drug crime, as defined in Code, Criminal Law Article, § 5-810, committed on or after January 1, 1991. Title 5 of these rules does not apply to the determinations required to be made by the court under this Rule.
(b) Definitions. As used in this Rule:

(1) “conviction includes probation on stay of entry of judgment pursuant to Code, Criminal Procedure Article, § 6-220; and
(2) “license means a State-issued license as defined in Code, Article 41, § 1-501.
(c) Preliminary Determinations by Court. Immediately after sentencing the defendant, the court shall determine from evidence in the case or from evidence or information supplied by the State’s Attorney, the Division of Parole and Probation, or the defendant:

(1) whether the defendant holds a license; and
(2) if so, whether the defendant has been previously convicted of a drug crime committed on or after January 1, 1991.
(d) Automatic Reporting Where Prior Conviction Exists. If the defendant has a license and such a prior conviction, the court shall direct the clerk to certify and report the current conviction and licensing information required by Code, Criminal Law Article, § 5-810 to the appropriate licensing authority.
(e) Determination by Court Where No Prior Conviction Exists. If the defendant holds a license but has no such prior conviction the court shall determine whether, prima facie, there is a relationship between the current conviction and the license, including:

(1) the defendant’s ability to perform the tasks authorized by the license;
(2) whether the public will be protected if the defendant continues to perform the tasks authorized by the license;
(3) whether the nature and circumstances of the drug crime warrant referral to the licensing authority; and
(4) any other facts that the court deems relevant.
(f) Reporting. If the court determines that there is a relationship between the conviction and a license, the court shall direct the clerk to certify and report the current conviction and the licensing information required by Code, Criminal Law Article, § 5-810 to the appropriate licensing authority. If the court determines that there is no relationship between the conviction and a license, no report shall be issued to the licensing authority.

Md. Crim. Causes. 4-340

This Rule is new.

Adopted May 9, 1991, eff. July 1, 1991. Amended Dec. 15, 1993, eff. July 1, 1994; Jan. 8, 2002, eff. Feb. 1, 2002; Oct. 31, 2002, eff. Jan. 1, 2003.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order, in subsec. (b)(1), substituted “Criminal Procedure Article, § 6-220 ” for “Article 27, § 641 “.

The October 31, 2002, order, in the catchline of the Rule, substituted “DRUG CRIME CASES” for “CONTROLLED DANGEROUS SUBSTANCE CASES”; in section (a), subsec. (c)(2), and subsec. (e)(3), substituted “drug crime” for “controlled dangerous substance offense”; and in sections (a), (d), and (f), substituted “Criminal Law Article, § 5-810 ” for “Article 27, § 298A “.