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State Statutes - Maryland - Article Home Rule for Code Counties - (g25B) - Section 13C
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Section 13C

      (a)      (1)      In this section the following words have the meanings indicated.

            (2)      (i)      "Civil infraction" means a violation of a county ordinance, resolution, or public local law which has been designated a civil infraction by the legislative body of a code home rule county.

                  (ii)      A civil infraction is a civil offense.

            (3)      "Defendant" means a person receiving a citation for a civil infraction.

      (b)      Unless a violation of a county ordinance, resolution, or public local law is declared to be a felony or a misdemeanor by law, resolution, or ordinance, the legislative body of a code county may provide that a violation of a county ordinance, resolution, or public local law shall be a civil infraction.

      (c)      (1)      An official authorized by the legislative body of a code county may deliver a citation to a person whom the official determines to be committing a civil infraction. A copy of the citation shall be retained by the issuing authority and shall bear the official's certification attesting to the truth of the matter set forth in the citation.

            (2)      The citation shall also contain:

                  (i)      Name and address of the defendant;

                  (ii)      The nature of the infraction;

                  (iii)      The location and time that the infraction occurred;

                  (iv)      The amount of the infraction fine assessed;

                  (v)      The manner, location, and time in which the fine may be paid to the county; and

                  (vi)      The defendant's right to elect to stand trial for the infraction.

      (d)      (1)      A code county may impose a fine not to exceed $500 for each commission of a civil infraction. The defendant may pay the fine to the county within 20 calendar days of receipt of the citation.

            (2)      For each repeat offense a code county may assess against the defendant a fine not to exceed $1,000.

      (e)      (1)      A defendant may elect to stand trial for the offense by notifying the county of the defendant's intention to stand trial. The defendant shall give the notice at least 5 days before the date of payment in the citation.

            (2)      Upon receipt of the notice of the intention to stand trial, the county shall forward to the District Court having venue a copy of the citation.

            (3)      Upon receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trial date.

            (4)      The District Court shall remit to the county any fine, penalty, or forfeiture the court collects.

      (f)      (1)      If a defendant fails to file a notice of his intention to stand trial for the offense within the time required by subsection (e) of this section, and fails to pay the fine for the infraction by the date of payment in the citation, the county shall send a formal notice of the infraction to the defendant's last known address.

            (2)      If the citation has not been satisfied within 15 days from the date of the notice, the county shall assess an additional fine not to exceed twice the original fine.

            (3)      If after 35 days the citation has not been satisfied, the county may request adjudication of the case through the District Court.

            (4)      Upon receipt of a request from the county, the District Court shall promptly schedule the case for trial and summons the defendant to appear. The defendant's failure to respond to such summons shall be contempt of court.

      (g)      Adjudication of a civil infraction is not a criminal conviction for any purpose, and does not impose any of the civil disabilities imposed by a criminal conviction.

      (h)      In a proceeding for a civil infraction, the burden of proof shall be the same as required by law in the trial of criminal cases, and the court shall apply the evidentiary standards prescribed by law or rule for the trial of criminal cases.

      (i)      (1)      In a proceeding for a civil infraction, the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands the charges.

            (2)      The defendant may:

                  (i)      Cross-examine a witness who appears against the defendant;

                  (ii)      Produce evidence or witnesses in the defendant's behalf; or

                  (iii)      Testify in the defendant's behalf.

      (j)      In a proceeding for a civil infraction, a defendant may be represented by counsel of the defendant's selection and at the defendant's expense.

      (k)      (1)      In a proceeding for a civil infraction a defendant may enter a plea of guilty or not guilty.

            (2)      The court may:

                  (i)      Render a verdict of:

                        1.      Guilty of a civil infraction; or

                        2.      Not guilty of a civil infraction; or

                  (ii)      Before rendering judgment, place the defendant on probation, in the same manner and to the same extent as is permitted by law in the trial of a criminal case.

      (l)      (1)      If a defendant is found by the District Court to have committed a civil infraction, the defendant shall pay:

                  (i)      The fine imposed under this section; and

                  (ii)      Court costs of $5.

            (2)      A defendant is not liable for payment of costs under the Criminal Injuries Compensation Act.

      (m)      (1)      When a defendant has been found guilty of a civil infraction and a fine has been imposed by the court, the court may direct that the payment of the fine be suspended or deferred under such conditions as the court may establish.

            (2)      When a defendant has been found guilty of a civil infraction and willfully fails to pay the fine imposed by the court, the court may treat the failure as a criminal contempt of court.

      (n)      (1)      A defendant who has been found guilty of a civil infraction has the same rights to file a motion for a new trial or a motion for a revision of a judgment as are now provided by law or rule in the trial of a criminal case.

            (2)      The defendant shall make the motions in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motions, has the same authority as provided in the trial of criminal cases.

      (o)      (1)      In a proceeding for a civil infraction:

                  (i)      Subject to the provisions of paragraph (2) of this subsection, the State's Attorney for a county shall prosecute the civil infraction in the same manner as a violation of the criminal laws of this State; and

                  (ii)      The State's Attorney may enter a nolle prosequi or place the case on the stet docket in the same manner as is now prescribed by law or rule for violation of the criminal laws of this State.

            (2)      (i)      Subject to the approval of the county commissioners, the State's Attorney for a county may designate in writing the county attorney or any assistant county attorney in a county to exercise the power to prosecute civil infractions.

                  (ii)      Upon a designation described under this paragraph of the county attorney or any assistant county attorney, the designated county attorney or assistant county attorney shall have, and be authorized to exercise, the power and authority of the State's Attorney with respect to the prosecution of a civil infraction.


 
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