(a) (1) In this section the following words have the meanings indicated. (2) "Sexual offense" means: (i) a violation of: 1. § 3-305 or § 3-306 of the Criminal Law Article as the sections existed before October 1, 2017; or 2. § 3-307, § 3-308, § 3-309, or § 3-310 of the Criminal Law Article or the former § 3-311 or § 3-312 of the Criminal Law Article as the sections existed on September 30, 2017; or (ii) an attempt to violate: 1. § 3-305 or § 3-306 of the Criminal Law Article, as the sections existed before October 1, 2017, as a principal or an aider or abettor; or 2. § 3-307 or § 3-308 of the Criminal Law Article as a principal or an aider or abettor. (3) "State correctional facility" does not include: (i) the Patuxent Institution; or (ii) the Baltimore City Detention Center. (b) If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was serving a sentence in a State or local correctional facility, the sentence for the sexual offense shall run consecutive to the sentence that the incarcerated individual was serving at the time of the sexual offense. (c) (1) If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, before the imposition of the sentence for the sexual offense, the incarcerated individual was sentenced to a term of imprisonment for the charge for which the incarcerated individual was being held at the time of the sexual offense, the sentence imposed for the sexual offense shall run consecutive to the sentence imposed for the charge for which the incarcerated individual was being held at the time of the sexual offense. (2) If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, at the time that the sentence for the sexual offense is imposed, the incarcerated individual has not been sentenced on the other charge, any sentence of imprisonment eventually imposed for the other charge shall run consecutive to the sentence imposed for the sexual offense.
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