Maryland 2022 Regular Session

Maryland House Bill HB967 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0967
6	6
7	7	HOUSE BILL 967
8	8	R3 2lr1464
9	9	HB 675/21 – JUD CF 2lr3018
10	10	By: Delegate Valentino–Smith
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Grossly Negligent or Drunk or Drugged Operation of Vehicle or Vessel – 2
19	19	Penalties and Prior Convictions 3
20	20
21	21	FOR the purpose of increasing the penalties for certain offenses of manslaughter and 4
22	22	homicide by vehicle or vessel; establishing that certain previous convictions for 5
23	23	drunk or drugged operation of a vehicle or vessel and grossly negligent manslaughter 6
24	24	by vehicle or vessel under certain provisions of law constitute prior convictions for 7
25	25	the purpose of determining certain enhanced subsequent offender penalties; and 8
26	26	generally relating to penalties and prior convictions for the grossly negligent or 9
27	27	drunk or drugged operation of a vehicle or vessel. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Criminal Law 12
31	31	Section 2–209 and 2–503 13
32	32	Annotated Code of Maryland 14
33	33	(2021 Replacement Volume and 2021 Supplement) 15
34	34
35	35	BY repealing and reenacting, without amendments, 16
36	36	Article – Natural Resources 17
37	37	Section 8–738(a) and (g) 18
38	38	Annotated Code of Maryland 19
39	39	(2012 Replacement Volume and 2021 Supplement) 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Article – Natural Resources 22
43	43	Section 8–738(e)(1) and (2) 23
44	44	Annotated Code of Maryland 24
45	45	(2012 Replacement Volume and 2021 Supplement) 25
46	46
47	47	BY repealing and reenacting, with amendments, 26
48	48	Article – Transportation 27 2 HOUSE BILL 967
49	49
50	50
51	51	Section 21–902(a)(1), (b)(1), (c)(1), (d)(1), (e), (h), and (i) 1
52	52	Annotated Code of Maryland 2
53	53	(2020 Replacement Volume and 2021 Supplement) 3
54	54
55	55	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56	56	That the Laws of Maryland read as follows: 5
57	57
58	58	Article – Criminal Law 6
59	59
60	60	2–209. 7
61	61
62	62	(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, 8
63	63	engine, and train. 9
64	64
65	65	(b) A person may not cause the death of another as a result of the person’s driving, 10
66	66	operating, or controlling a vehicle or vessel in a grossly negligent manner. 11
67	67
68	68	(c) A violation of this section is manslaughter by vehicle or vessel. 12
69	69
70	70	(d) (1) Except as provided in paragraph (2) of this subsection, a person who 13
71	71	violates this section is guilty of a felony and on conviction is subject to imprisonment not 14
72	72	exceeding [10] 20 years or a fine not exceeding [$5,000] $10,000 or both. 15
73	73
74	74	(2) (i) A person who violates this section, having previously been 16
75	75	convicted under this section, § 2–210, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this 17
76	76	article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is 18
77	77	subject to imprisonment not exceeding [15] 30 years or a fine not exceeding [$10,000] 19
78	78	$25,000 or both. 20
79	79
80	80	(ii) For the purposes of application of subsequent offender penalties 21
81	81	under subparagraph (i) of this paragraph, a conviction for a crime committed in another 22
82	82	state or federal jurisdiction that, if committed in this State would constitute a violation of 23
83	83	this section, § 2–210, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 24
84	84	21–902 of the Transportation Article, shall be considered a violation of this section. 25
85	85
86	86	(e) (1) An indictment or other charging document for manslaughter by vehicle 26
87	87	or vessel is sufficient if it substantially states: 27
88	88
89	89	“(name of defendant) on (date) in (county) killed (name of victim) in a grossly 28
90	90	negligent manner against the peace, government, and dignity of the State.”. 29
91	91
92	92	(2) An indictment or other charging document for manslaughter by vehicle 30
93	93	or vessel need not set forth the manner or means of death. 31
94	94
95	95	2–503. 32
96	96
97	97	(a) A person may not cause the death of another as a result of the person’s 33 HOUSE BILL 967 3
98	98
99	99
100	100	negligently driving, operating, or controlling a motor vehicle or vessel while: 1
101	101
102	102	(1) under the influence of alcohol; or 2
103	103
104	104	(2) under the influence of alcohol per se. 3
105	105
106	106	(b) A violation of this section is: 4
107	107
108	108	(1) homicide by motor vehicle or vessel while under the influence of alcohol; 5
109	109	or 6
110	110
111	111	(2) homicide by motor vehicle or vessel while under the influence of alcohol 7
112	112	per se. 8
113	113
114	114	(c) (1) Except as provided in paragraph (2) of this subsection, a person who 9
115	115	violates this section is guilty of a felony and on conviction is subject to imprisonment not 10
116	116	exceeding [5] 10 years or a fine not exceeding [$5,000] $10,000 or both. 11
117	117
118	118	(2) (i) A person who violates this section, having previously been 12
119	119	convicted under this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this 13
120	120	article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is 14
121	121	subject to imprisonment not exceeding [10] 20 years or a fine not exceeding [$10,000] 15
122	122	$20,000 or both. 16
123	123
124	124	(ii) For the purposes of application of subsequent offender penalties 17
125	125	under subparagraph (i) of this paragraph, a conviction for a crime committed in another 18
126	126	state or federal jurisdiction that, if committed in this State would constitute a violation of 19
127	127	this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 20
128	128	21–902 of the Transportation Article, shall be considered a violation of this section. 21
129	129
130	130	Article – Natural Resources 22
131	131
132	132	8–738. 23
133	133
134	134	(a) Subject to subsection (g) of this section, a person may not operate or attempt 24
135	135	to operate a vessel while the person: 25
136	136
137	137	(1) Is under the influence of alcohol; 26
138	138
139	139	(2) Is impaired by alcohol; 27
140	140
141	141	(3) Is so far impaired by any drug, combination of drugs, or combination of 28
142	142	one or more drugs and alcohol that the person cannot operate a vessel safely; or 29
143	143
144	144	(4) Is impaired by any controlled dangerous substance, as defined in § 30
145	145	5–101 of the Criminal Law Article, unless the person is entitled to use the controlled 31
146	146	dangerous substance under the laws of the State. 32 4 HOUSE BILL 967
147	147
148	148
149	149
150	150	(e) (1) (I) Notwithstanding any other provision of this title, a person who 1
151	151	violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction: 2
152	152
153	153	[(i)] 1. For a first offense, shall be subject to a fine of not more 3
154	154	than $1,000 or imprisonment for not more than 1 year or both; 4
155	155
156	156	[(ii)] 2. For a second offense, shall be subject to a fine of not more 5
157	157	than $2,000 or imprisonment for not more than 2 years or both; and 6
158	158
159	159	[(iii)] 3. For a third or subsequent offense, shall be subject to a fine 7
160	160	of not more than $3,000 or imprisonment for not more than 3 years or both. 8
161	161
162	162	(II) FOR THE PURPOSE OF DE TERMINING SUBSEQUENT 9
163	163	OFFENDER PENALTIES F OR A VIOLATION OF TH IS SECTION, A PRIOR CONVICTION 10
164	164	UNDER SUBSECTION (A) OF THIS SECTION OR § 21–902 OF THE TRANSPORTATION 11
165	165	ARTICLE SHALL B E CONSIDERED A PRIOR CONVICTION. 12
166	166
167	167	(2) (I) Notwithstanding any other provision of this title, a person who 13
168	168	violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon 14
169	169	conviction: 15
170	170
171	171	[(i)] 1. For a first offense, shall be subject to a fine of not more 16
172	172	than $500 or imprisonment for not more than 2 months or both; and 17
173	173
174	174	[(ii)] 2. For a second or subsequent offense, shall be subject to a 18
175	175	fine of not more than $1,000 or imprisonment of not more than 1 year or both. 19
176	176
177	177	(II) FOR THE PURPOSE OF DE TERMINING SUBSEQUENT 20
178	178	OFFENDER PENALTIES F OR A VIOLATION OF TH IS SECTION, A PRIOR CONVICTION 21
179	179	UNDER SUBSECTION (A) OF THIS SECTION OR § 21–902 OF THE TRANSPORTATION 22
180	180	ARTICLE SHALL BE CONS IDERED A PRIOR CONVI CTION. 23
181	181
182	182	(g) This section applies to the following: 24
183	183
184	184	(1) A vessel required to be registered with the Department under this 25
185	185	subtitle; 26
186	186
187	187	(2) A vessel required to have a valid number awarded in accordance with a 27
188	188	federal law or a federally approved numbering system of another state; and 28
189	189
190	190	(3) A vessel from a foreign country using the waters of this State. 29
191	191
192	192	Article – Transportation 30
193	193
194	194	21–902. 31 HOUSE BILL 967 5
195	195
196	196
197	197
198	198	(a) (1) (i) A person may not drive or attempt to drive any vehicle while 1
199	199	under the influence of alcohol. 2
200	200
201	201	(ii) A person may not drive or attempt to drive any vehicle while the 3
202	202	person is under the influence of alcohol per se. 4
203	203
204	204	(iii) A person convicted of a violation of this paragraph is subject to: 5
205	205
206	206	1. For a first offense, imprisonment not exceeding 1 year or 6
207	207	a fine not exceeding $1,000 or both; and 7
208	208
209	209	2. For a second offense, imprisonment not exceeding 2 years 8
210	210	or a fine not exceeding $2,000 or both. 9
211	211
212	212	(iv) For the purpose of determining subsequent offender penalties for 10
213	213	a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 11
214	214	OR § 8–738 OF THE NATURAL RESOURCES ARTICLE, within 5 years before the 12
215	215	conviction for a violation of this paragraph, shall be considered a prior conviction. 13
216	216
217	217	(b) (1) (i) A person may not drive or attempt to drive any vehicle while 14
218	218	impaired by alcohol. 15
219	219
220	220	(ii) A person convicted of a violation of this paragraph is subject to: 16
221	221
222	222	1. For a first offense, imprisonment not exceeding 2 months 17
223	223	or a fine not exceeding $500 or both; and 18
224	224
225	225	2. For a second offense, imprisonment not exceeding 1 year 19
226	226	or a fine not exceeding $500 or both. 20
227	227
228	228	(iii) For the purpose of determining subsequent offender penalties for 21
229	229	a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 22
230	230	or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE shall be 23
231	231	considered a prior conviction. 24
232	232
233	233	(c) (1) (i) A person may not drive or attempt to drive any vehicle while so 25
234	234	far impaired by any drug, any combination of drugs, or a combination of one or more drugs 26
235	235	and alcohol that the person cannot drive a vehicle safely. 27
236	236
237	237	(ii) A person convicted of a violation of this paragraph is subject to: 28
238	238
239	239	1. For a first offense, imprisonment not exceeding 2 months 29
240	240	or a fine not exceeding $500 or both; and 30
241	241
242	242	2. For a second offense, imprisonment not exceeding 1 year 31
243	243	or a fine not exceeding $500 or both. 32 6 HOUSE BILL 967
244	244
245	245
246	246
247	247	(iii) For the purpose of determining subsequent offender penalties for 1
248	248	a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 2
249	249	or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE shall be 3
250	250	considered a prior conviction. 4
251	251
252	252	(iv) It is not a defense to any charge of violating this subsection that 5
253	253	the person charged is or was entitled under the laws of this State to use the drug, 6
254	254	combination of drugs, or combination of one or more drugs and alcohol, unless the person 7
255	255	was unaware that the drug or combination would make the person incapable of safely 8
256	256	driving a vehicle. 9
257	257
258	258	(d) (1) (i) A person may not drive or attempt to drive any vehicle while the 10
259	259	person is impaired by any controlled dangerous substance, as that term is defined in § 11
260	260	5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 12
261	261	dangerous substance under the laws of this State. 13
262	262
263	263	(ii) A person convicted of a violation of this paragraph is subject to: 14
264	264
265	265	1. For a first offense, imprisonment not exceeding 1 year or 15
266	266	a fine not exceeding $1,000 or both; and 16
267	267
268	268	2. For a second offense, imprisonment not exceeding 2 years 17
269	269	or a fine not exceeding $2,000 or both. 18
270	270
271	271	(iii) For the purpose of determining subsequent offender penalties for 19
272	272	a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 20
273	273	OR UNDER § 8–738 OF THE NATURAL RESOURCES ARTICLE, within 5 years before the 21
274	274	conviction for a violation of this paragraph, shall be considered a prior conviction. 22
275	275
276	276	(e) For purposes of the application of subsequent offender penalties under this 23
277	277	section, a conviction for a crime committed in another state or federal jurisdiction that, if 24
278	278	committed in this State, would constitute a violation of subsection (a)(1) or (2), (b)(1) or (2), 25
279	279	(c)(1) or (2), or (d)(1) or (2) of this section OR § 8–738 OF THE NATURAL RESOURCES 26
280	280	ARTICLE shall be considered a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), 27
281	281	or (d)(1) or (2) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE. 28
282	282
283	283	(h) (1) A person may not violate subsection (a), (b), (c), or (d) of this section if 29
284	284	the person previously has been convicted of two violations of any provision of subsection 30
285	285	(a), (b), (c), or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE. 31
286	286
287	287	(2) For purposes of this subsection, a conviction for a crime under the laws 32
288	288	of the United States that would be a crime included in paragraph (1) of this subsection if 33
289	289	committed in this State shall be considered a prior conviction under this subsection. 34
290	290
291	291	(3) A person who violates this subsection is guilty of a misdemeanor and 35 HOUSE BILL 967 7
292	292
293	293
294	294	on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding 1
295	295	$5,000 or both. 2
296	296
297	297	(i) (1) A person may not violate subsection (a), (b), (c), or (d) of this section if 3
298	298	the person previously has been convicted of: 4
299	299
300	300	(i) Three or more violations of any provision of subsection (a), (b), 5
301	301	(c), or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE; or 6
302	302
303	303	(ii) A violation of § 2–209, § 2–503, § 2–504, § 2–505, § 2–506, or § 7
304	304	3–211 of the Criminal Law Article. 8
305	305
306	306	(2) For purposes of this subsection, a conviction for a crime under the laws 9
307	307	of the United States that would be a crime included in paragraph (1) of this subsection if 10
308	308	committed in this State shall be considered a prior conviction under this subsection. 11
309	309
310	310	(3) A person who violates this subsection is guilty of a misdemeanor and 12
311	311	on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 13
312	312	$10,000 or both. 14
313	313
314	314	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
315	315	October 1, 2022. 16
316	316