MD
Maryland House Bill HB1385

Maryland 2022 Regular Session

Maryland House Bill HB1385 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1385*
66
77 HOUSE BILL 1385
88 R3 2lr2027
99
1010 By: Delegate Shoemaker
1111 Introduced and read first time: February 11, 2022
1212 Assigned to: Judiciary
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Drunk and Drugged Driving – Testing – Warrants and Authorized Police 2
1919 Officers 3
2020
2121 FOR the purpose of establishing an exception to the prohibition on compelling a person to 4
2222 undergo a certain test of the person’s breath or blood for the purpose of enforcing 5
2323 prohibitions against drunk and drugged driving for a test that is required by a valid 6
2424 warrant; authorizing a police officer who has successfully completed a certain 7
2525 program of training in advanced roadside impaired driving enforcement to request, 8
2626 require, or direct that a person take a certain test for drug or controlled dangerous 9
2727 substance content under certain circumstances; repealing a provision of law 10
2828 authorizing a police officer who is a trainee, or is participating directly or indirectly 11
2929 in a certain program of training, for certification as a drug recognition expert to 12
3030 request, require, or direct that a person take a certain test for drug or controlled 13
3131 dangerous substance content under certain circumstances; and generally relating to 14
3232 drunk and drugged driving. 15
3333
3434 BY repealing and reenacting, with amendments, 16
3535 Article – Courts and Judicial Proceedings 17
3636 Section 10–309(a)(1)(i) 18
3737 Annotated Code of Maryland 19
3838 (2020 Replacement Volume and 2021 Supplement) 20
3939
4040 BY repealing and reenacting, without amendments, 21
4141 Article – Transportation 22
4242 Section 16–205.1(a) 23
4343 Annotated Code of Maryland 24
4444 (2020 Replacement Volume and 2021 Supplement) 25
4545
4646 BY repealing and reenacting, with amendments, 26
4747 Article – Transportation 27
4848 Section 16–205.1(b)(1) and (j) 28 2 HOUSE BILL 1385
4949
5050
5151 Annotated Code of Maryland 1
5252 (2020 Replacement Volume and 2021 Supplement) 2
5353
5454 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF M ARYLAND, 3
5555 That the Laws of Maryland read as follows: 4
5656
5757 Article – Courts and Judicial Proceedings 5
5858
5959 10–309. 6
6060
6161 (a) (1) (i) Except as provided in § 16–205.1(c) of the Transportation Article 7
6262 [or], § 8–738.1 of the Natural Resources Article, OR AS REQUIRED BY A VALID WARRANT, 8
6363 a person may not be compelled to submit to a test or tests provided for in this subtitle. 9
6464
6565 Article – Transportation 10
6666
6767 16–205.1. 11
6868
6969 (a) (1) (i) In this section the following words have the meanings indicated. 12
7070
7171 (ii) “Specimen of blood” and “1 specimen of blood” means 1 sample of 13
7272 blood that is taken, in a single procedure, in 2 or more portions in 2 or more separate vials. 14
7373
7474 (iii) “Test” means, unless the context requires otherwise: 15
7575
7676 1. A test of a person’s breath or of 1 specimen of a person’s 16
7777 blood to determine alcohol concentration; 17
7878
7979 2. A test or tests of 1 specimen of a person’s blood to 18
8080 determine the drug or controlled dangerous substance content of the person’s blood; or 19
8181
8282 3. Both: 20
8383
8484 A. A test of a person’s breath or a test of 1 specimen of a 21
8585 person’s blood, to determine alcohol concentration; and 22
8686
8787 B. A test or tests of 1 specimen of a person’s blood to 23
8888 determine the drug or controlled dangerous substance content of the person’s blood. 24
8989
9090 (iv) “Under the influence of alcohol” includes under the influence of 25
9191 alcohol per se as defined by § 11–174.1 of this article. 26
9292
9393 (2) Any person who drives or attempts to drive a motor vehicle on a 27
9494 highway or on any private property that is used by the public in general in this State is 28
9595 deemed to have consented, subject to the provisions of §§ 10–302 through 10–309, inclusive, 29
9696 of the Courts and Judicial Proceedings Article, to take a test if the person should be 30
9797 detained on suspicion of driving or attempting to drive while under the influence of alcohol, 31 HOUSE BILL 1385 3
9898
9999
100100 while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or 1
101101 a combination of one or more drugs and alcohol that the person could not drive a vehicle 2
102102 safely, while impaired by a controlled dangerous substance, in violation of an alcohol 3
103103 restriction, or in violation of § 16–813 of this title. 4
104104
105105 (b) (1) Except as provided in subsection (c) of this section OR AS REQUIRED 5
106106 BY A VALID WARRANT , a person may not be compelled to take a test. However, the 6
107107 detaining officer shall advise the person that, on receipt of a sworn statement from the 7
108108 officer that the person was so charged and refused to take a test, or was tested and the 8
109109 result indicated an alcohol concentration of 0.08 or more, the Administration shall: 9
110110
111111 (i) In the case of a person licensed under this title: 10
112112
113113 1. Except as provided in items 2, 3, and 4 of this item, for a 11
114114 test result indicating an alcohol concentration of 0.08 or more at the time of testing: 12
115115
116116 A. For a first offense, suspend the driver’s license for 180 13
117117 days; or 14
118118
119119 B. For a second or subsequent offense, suspend the driver’s 15
120120 license for 180 days; 16
121121
122122 2. Except as provided in item 4 of this item, for a test result 17
123123 indicating an alcohol concentration of 0.15 or more at the time of testing: 18
124124
125125 A. For a first offense, suspend the person’s driving privilege 19
126126 for 180 days; or 20
127127
128128 B. For a second or subsequent offense, suspend the person’s 21
129129 driving privilege for 270 days; 22
130130
131131 3. Except as provided in item 4 of this item, for a test result 23
132132 indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was 24
133133 involved in a motor vehicle accident that resulted in the death of another person: 25
134134
135135 A. For a first offense, suspend the person’s driving privilege 26
136136 for 6 months; or 27
137137
138138 B. For a second or subsequent offense, suspend the person’s 28
139139 driving privilege for 1 year; 29
140140
141141 4. For a test result indicating an alcohol concentration of 0.15 30
142142 or more at the time of testing, if the person was involved in a motor vehicle accident that 31
143143 resulted in the death of another person: 32
144144
145145 A. For a first offense, suspend the person’s driving privilege 33
146146 for 1 year; or 34 4 HOUSE BILL 1385
147147
148148
149149
150150 B. For a second or subsequent offense, revoke the person’s 1
151151 driving privilege; or 2
152152
153153 5. For a test refusal: 3
154154
155155 A. For a first offense, suspend the driver’s license for 270 4
156156 days; or 5
157157
158158 B. For a second or subsequent offense, suspend the driver’s 6
159159 license for 2 years; 7
160160
161161 (ii) In the case of a nonresident or unlicensed person: 8
162162
163163 1. Except as provided in items 2, 3, and 4 of this item, for a 9
164164 test result indicating an alcohol concentration of 0.08 or more at the time of testing: 10
165165
166166 A. For a first offense, suspend the person’s driving privilege 11
167167 for 180 days; or 12
168168
169169 B. For a second or subsequent offense, suspend the person’s 13
170170 driving privilege for 180 days; 14
171171
172172 2. Except as provided in item 4 of this item, for a test result 15
173173 indicating an alcohol concentration of 0.15 or more at the time of testing: 16
174174
175175 A. For a first offense, suspend the person’s driving privilege 17
176176 for 180 days; or 18
177177
178178 B. For a second or subsequent offense, suspend the person’s 19
179179 driving privilege for 270 days; 20
180180
181181 3. Except as provided in item 4 of this item, for a test result 21
182182 indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was 22
183183 involved in a motor vehicle accident that resulted in the death of another person: 23
184184
185185 A. For a first offense, suspend the person’s driving privilege 24
186186 for 6 months; or 25
187187
188188 B. For a second or subsequent offense, suspend the person’s 26
189189 driving privilege for 1 year; 27
190190
191191 4. For a test result indicating an alcohol concentration of 0.15 28
192192 or more at the time of testing, if the person was involved in a motor vehicle accident that 29
193193 resulted in the death of another person: 30
194194
195195 A. For a first offense, suspend the person’s driving privilege 31 HOUSE BILL 1385 5
196196
197197
198198 for 1 year; or 1
199199
200200 B. For a second or subsequent offense, revoke the person’s 2
201201 driving privilege; or 3
202202
203203 5. For a test refusal: 4
204204
205205 A. For a first offense, suspend the person’s driving privilege 5
206206 for 270 days; or 6
207207
208208 B. For a second or subsequent offense, suspend the person’s 7
209209 driving privilege for 2 years; and 8
210210
211211 (iii) In addition to any applicable driver’s license suspensions 9
212212 authorized under this section, in the case of a person operating a commercial motor vehicle 10
213213 or who holds a commercial instructional permit or a commercial driver’s license who refuses 11
214214 to take a test: 12
215215
216216 1. Disqualify the person’s commercial instructional permit or 13
217217 commercial driver’s license for a period of 1 year for a first offense, 3 years for a first offense 14
218218 which occurs while transporting hazardous materials required to be placarded, and 15
219219 disqualify for life if the person’s commercial instructional permit or commercial driver’s 16
220220 license has been previously disqualified for at least 1 year under: 17
221221
222222 A. § 16–812(a) or (b) of this title; 18
223223
224224 B. A federal law; or 19
225225
226226 C. Any other state’s law; or 20
227227
228228 2. If the person holds a commercial instructional permit or a 21
229229 commercial driver’s license issued by another state, disqualify the person’s privilege to 22
230230 operate a commercial motor vehicle and report the refusal and disqualification to the 23
231231 person’s resident state which may result in further penalties imposed by the person’s 24
232232 resident state. 25
233233
234234 (j) Notwithstanding any other provision of this section, a test for drug or 26
235235 controlled dangerous substance content under this section: 27
236236
237237 (1) May not be requested as described under subsection (b) of this section, 28
238238 required as described under subsection (c) of this section, or directed as described under 29
239239 subsection (d) of this section, by a police officer unless the law enforcement agency of which 30
240240 the officer is a member has the capacity to have such tests conducted; AND 31
241241
242242 (2) May only be requested as described under subsection (b) of this section, 32
243243 required as described under subsection (c) of this section, or directed as described under 33
244244 subsection (d) of this section, by a police officer who [is a trainee, has been trained, or is 34 6 HOUSE BILL 1385
245245
246246
247247 participating directly or indirectly in a program of training that is]: 1
248248
249249 [(i) Designed to train and certify police officers as drug recognition 2
250250 experts; and] 3
251251
252252 (I) 1. IS A MEMBER OF , AND HAS BEEN CERTIFI ED AS A 4
253253 DRUG RECOGNITION EXP ERT BY THE HEAD OF : 5
254254
255255 A. THE DEPARTMENT OF STATE POLICE; 6
256256
257257 B. THE BALTIMORE CITY POLICE DEPARTMENT ; 7
258258
259259 C. A POLICE DEPARTMENT , BUREAU, OR FORCE OF A 8
260260 COUNTY; 9
261261
262262 D. A POLICE DEPARTMENT , BUREAU, OR FORCE OF AN 10
263263 INCORPORATED CITY OR TOWN; 11
264264
265265 E. THE MARYLAND TRANSIT ADMINISTRATION POLICE 12
266266 FORCE; 13
267267
268268 F. THE MARYLAND TRANSPORTATION AUTHORITY 14
269269 POLICE FORCE; 15
270270
271271 G. THE POLICE FORCE OF MORGAN STATE UNIVERSITY; 16
272272
273273 H. THE POLICE FORCE OF A N INSTITUTION WITHIN T HE 17
274274 UNIVERSITY SYSTEM OF MARYLAND; 18
275275
276276 I. A SHERIFF’S DEPARTMENT OF ANY COUNTY OR 19
277277 BALTIMORE CITY; 20
278278
279279 J. THE NATURAL RESOURCES POLICE FORCE OR THE 21
280280 FOREST AND PARK SERVICE POLICE FORCE OF THE DEPARTMENT OF NATURAL 22
281281 RESOURCES; OR 23
282282
283283 K. THE MARYLAND CAPITOL POLICE OF THE 24
284284 DEPARTMENT OF GENERAL SERVICES; AND 25
285285
286286 2. HAS BEEN TRAINED AS A DRUG RECOGNITION EXP ERT 26
287287 BY A LAW ENFORCEMENT AGENCY OF THE STATE OR ANY COUNTY , MUNICIPAL, OR 27
288288 OTHER LAW ENFORCEMEN T AGENCY IN THE STATE DESCRIBED IN IT EM 1 OF THIS 28
289289 ITEM IN A PROGRAM OF TRAINING: 29 HOUSE BILL 1385 7
290290
291291
292292
293293 [(ii) Conducted by a law enforcement agency of the State, or any 1
294294 county, municipal, or other law enforcement agency in the State described in item (3)(i)1 2
295295 through 12 of this subsection:] 3
296296
297297 [1.] A. [In] ADMINISTERED IN conjunction with the 4
298298 National Highway Traffic Safety Administration; or 5
299299
300300 [2.] B. [As a program of training of police officers as drug 6
301301 recognition experts that] THAT contains requirements for successful completion of the 7
302302 training program that are the substantial equivalent of the requirements of the Drug 8
303303 Recognition Training Program developed by the National Highway Traffic Safety 9
304304 Administration; [and] OR 10
305305
306306 (II) IS A MEMBER OF, AND HAS BEEN CERTIFI ED AS HAVING 11
307307 SUCCESSFULLY COMPLET ED ADVANCED ROADSIDE IMPAIRED DRIVING 12
308308 ENFORCEMENT TRAINING BY THE HEAD OF, A LAW ENFORCEMENT AG ENCY 13
309309 DESCRIBED IN ITEM (I)1 OF THIS ITEM IN A PROGRAM OF TRAINING: 14
310310
311311 1. ADMINISTERED IN CONJUN CTION WITH THE 15
312312 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ; OR 16
313313
314314 2. THAT CONTAINS REQUIREMENTS FOR SUCCESSFUL 17
315315 COMPLETION OF THE TR AINING PROGRAM THAT ARE THE SUBSTANTIAL 18
316316 EQUIVALENT OF THE RE QUIREMENTS OF THE ADVANCED ROADSIDE IMPAIRED 19
317317 DRIVING ENFORCEMENT TRAINING DEVELOPED BY THE NATIONAL HIGHWAY 20
318318 TRAFFIC SAFETY ADMINISTRATION . 21
319319
320320 [(3) May only be requested as described under subsection (b) of this section, 22
321321 required as described under subsection (c) of this section, or directed as described under 23
322322 subsection (d) of this section: 24
323323
324324 (i) In the case of a police officer who is a trainee, or who is 25
325325 participating directly or indirectly in a program of training described in item (2) of this 26
326326 subsection, if the police officer is a member of, and is designated as a trainee or a participant 27
327327 by the head of: 28
328328
329329 1. The Department of State Police; 29
330330
331331 2. The Baltimore City Police Department; 30
332332
333333 3. A police department, bureau, or force of a county; 31
334334
335335 4. A police department, bureau, or force of an incorporated 32
336336 city or town; 33 8 HOUSE BILL 1385
337337
338338
339339
340340 5. The Maryland Transit Administration Police Force; 1
341341
342342 6. The Maryland Port Administration Police Force of the 2
343343 Department of Transportation; 3
344344
345345 7. The Maryland Transportation Authority Police Force; 4
346346
347347 8. The Police Force of a University of Maryland campus or 5
348348 another institution in the University System of Maryland or Morgan State University; 6
349349
350350 9. The police force for a State university or college under the 7
351351 direction and control of the University System of Maryland; 8
352352
353353 10. A sheriff’s department of any county or Baltimore City; 9
354354
355355 11. The Natural Resources Police Force or the Forest and Park 10
356356 Service Police Force of the Department of Natural Resources; or 11
357357
358358 12. The Maryland Capitol Police of the Department of General 12
359359 Services; or 13
360360
361361 (ii) In the case of a police officer who has been trained as a drug 14
362362 recognition expert, if the police officer is a member of, and certified as a drug recognition 15
363363 expert by the head of one of the law enforcement agencies described in item (i)1 through 12 16
364364 of this item.] 17
365365
366366 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
367367 October 1, 2022. 19