Md. Code Ann., Elec. Law § 13-604
Citations and prosecution of civil offenses
Effective Jul 1, 2015Added by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2013, c. 136, § 1, eff. Oct. 1, 2013; Acts 2015, c. 312, § 1, eff. July 1, 2015.State of Maryland
(a)
- (1) A person who violates a provision of this title without knowing that the act is illegal shall pay a civil penalty in accordance with subsections (b) through (g) of this section.
- (2) The penalty imposed under this section may not exceed $5,000.
- (3) An infraction described in paragraph (1) of this subsection is a civil offense.
- (4) This section does not apply to a violation of another section in which a penalty is expressly provided.
(b)
(1) If the State Prosecutor or the State's Attorney with jurisdiction determines that a person unintentionally, and without criminal intent, has violated a provision of this title, the State Prosecutor, the State's Attorney, or both, shall issue to the person a civil citation that contains:
- (i) the name and address of the person cited;
- (ii) the nature, time, and place of the violation;
- (iii) the manner in which the violation occurred;
- (iv) the maximum penalty for the violation;
- (v) the manner and time in which to pay the penalty;
- (vi) where to pay the penalty; and
- (vii) a statement that the person receiving the citation has a right to a trial in the District Court.
- (2) The prosecuting authority who issues a citation under paragraph (1) of this subsection shall file it in the District Court.
- (c) The citation shall be served in accordance with the Maryland Rules.
(d)
- (1) On receipt of the return of service, the District Court shall schedule the case for trial and notify the person named in the citation of the trial date.
- (2) The trial in the District Court shall be conducted in the same manner as set forth for municipal infractions under §§ 6-108, 6-109, and 6-111 through 6-115 of the Local Government Article.
- (3) The District Court shall distribute all late fees collected to the Fair Campaign Financing Fund established under § 15-103 of this article.
(4) An adjudication of a violation under this subsection:
- (i) is not a criminal conviction; and
- (ii) does not carry with it any of the civil disabilities that arise from a criminal conviction.
- (e) A person who is adjudicated in violation as set forth in a citation issued under subsection (b) of this section is liable for the cost of the District Court proceedings.
(f) If a person who has been served with a citation fails to appear for trial, the court, at the request of the prosecutor, may dismiss the citation or enter a civil judgment against the person:
- (1) in favor of the State Board;
- (2) in accordance with the Maryland Rules; and
- (3) in an amount not exceeding the maximum fine set forth in subsection (a) of this section and any late fees owed to the State Board.
- (g) A civil penalty imposed under this section shall be distributed to the Fair Campaign Financing Fund established under § 15-103 of this article.
Added by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2013, c. 136, § 1, eff. Oct. 1, 2013; Acts 2015, c. 312, § 1, eff. July 1, 2015.
Formerly Art. 33, § 13-604.