EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0967*
HOUSE BILL 967
R3 2lr1464
HB 675/21 – JUD CF 2lr3018
By: Delegate Valentino–Smith
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Grossly Negligent or Drunk or Drugged Operation of Vehicle or Vessel – 2
Penalties and Prior Convictions 3
FOR the purpose of increasing the penalties for certain offenses of manslaughter and 4
homicide by vehicle or vessel; establishing that certain previous convictions for 5
drunk or drugged operation of a vehicle or vessel and grossly negligent manslaughter 6
by vehicle or vessel under certain provisions of law constitute prior convictions for 7
the purpose of determining certain enhanced subsequent offender penalties; and 8
generally relating to penalties and prior convictions for the grossly negligent or 9
drunk or drugged operation of a vehicle or vessel. 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Law 12
Section 2–209 and 2–503 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Natural Resources 17
Section 8–738(a) and (g) 18
Annotated Code of Maryland 19
(2012 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Natural Resources 22
Section 8–738(e)(1) and (2) 23
Annotated Code of Maryland 24
(2012 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Transportation 27 2 HOUSE BILL 967
Section 21–902(a)(1), (b)(1), (c)(1), (d)(1), (e), (h), and (i) 1
Annotated Code of Maryland 2
(2020 Replacement Volume and 2021 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Criminal Law 6
2–209. 7
(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, 8
engine, and train. 9
(b) A person may not cause the death of another as a result of the person’s driving, 10
operating, or controlling a vehicle or vessel in a grossly negligent manner. 11
(c) A violation of this section is manslaughter by vehicle or vessel. 12
(d) (1) Except as provided in paragraph (2) of this subsection, a person who 13
violates this section is guilty of a felony and on conviction is subject to imprisonment not 14
exceeding [10] 20 years or a fine not exceeding [$5,000] $10,000 or both. 15
(2) (i) A person who violates this section, having previously been 16
convicted under this section, § 2–210, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this 17
article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is 18
subject to imprisonment not exceeding [15] 30 years or a fine not exceeding [$10,000] 19
$25,000 or both. 20
(ii) For the purposes of application of subsequent offender penalties 21
under subparagraph (i) of this paragraph, a conviction for a crime committed in another 22
state or federal jurisdiction that, if committed in this State would constitute a violation of 23
this section, § 2–210, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 24
21–902 of the Transportation Article, shall be considered a violation of this section. 25
(e) (1) An indictment or other charging document for manslaughter by vehicle 26
or vessel is sufficient if it substantially states: 27
“(name of defendant) on (date) in (county) killed (name of victim) in a grossly 28
negligent manner against the peace, government, and dignity of the State.”. 29
(2) An indictment or other charging document for manslaughter by vehicle 30
or vessel need not set forth the manner or means of death. 31
2–503. 32
(a) A person may not cause the death of another as a result of the person’s 33 HOUSE BILL 967 3
negligently driving, operating, or controlling a motor vehicle or vessel while: 1
(1) under the influence of alcohol; or 2
(2) under the influence of alcohol per se. 3
(b) A violation of this section is: 4
(1) homicide by motor vehicle or vessel while under the influence of alcohol; 5
or 6
(2) homicide by motor vehicle or vessel while under the influence of alcohol 7
per se. 8
(c) (1) Except as provided in paragraph (2) of this subsection, a person who 9
violates this section is guilty of a felony and on conviction is subject to imprisonment not 10
exceeding [5] 10 years or a fine not exceeding [$5,000] $10,000 or both. 11
(2) (i) A person who violates this section, having previously been 12
convicted under this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this 13
article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is 14
subject to imprisonment not exceeding [10] 20 years or a fine not exceeding [$10,000] 15
$20,000 or both. 16
(ii) For the purposes of application of subsequent offender penalties 17
under subparagraph (i) of this paragraph, a conviction for a crime committed in another 18
state or federal jurisdiction that, if committed in this State would constitute a violation of 19
this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 20
21–902 of the Transportation Article, shall be considered a violation of this section. 21
Article – Natural Resources 22
8–738. 23
(a) Subject to subsection (g) of this section, a person may not operate or attempt 24
to operate a vessel while the person: 25
(1) Is under the influence of alcohol; 26
(2) Is impaired by alcohol; 27
(3) Is so far impaired by any drug, combination of drugs, or combination of 28
one or more drugs and alcohol that the person cannot operate a vessel safely; or 29
(4) Is impaired by any controlled dangerous substance, as defined in § 30
5–101 of the Criminal Law Article, unless the person is entitled to use the controlled 31
dangerous substance under the laws of the State. 32 4 HOUSE BILL 967
(e) (1) (I) Notwithstanding any other provision of this title, a person who 1
violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction: 2
[(i)] 1. For a first offense, shall be subject to a fine of not more 3
than $1,000 or imprisonment for not more than 1 year or both; 4
[(ii)] 2. For a second offense, shall be subject to a fine of not more 5
than $2,000 or imprisonment for not more than 2 years or both; and 6
[(iii)] 3. For a third or subsequent offense, shall be subject to a fine 7
of not more than $3,000 or imprisonment for not more than 3 years or both. 8
(II) FOR THE PURPOSE OF DE TERMINING SUBSEQUENT 9
OFFENDER PENALTIES F OR A VIOLATION OF TH IS SECTION, A PRIOR CONVICTION 10
UNDER SUBSECTION (A) OF THIS SECTION OR § 21–902 OF THE TRANSPORTATION 11
ARTICLE SHALL B E CONSIDERED A PRIOR CONVICTION. 12
(2) (I) Notwithstanding any other provision of this title, a person who 13
violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon 14
conviction: 15
[(i)] 1. For a first offense, shall be subject to a fine of not more 16
than $500 or imprisonment for not more than 2 months or both; and 17
[(ii)] 2. For a second or subsequent offense, shall be subject to a 18
fine of not more than $1,000 or imprisonment of not more than 1 year or both. 19
(II) FOR THE PURPOSE OF DE TERMINING SUBSEQUENT 20
OFFENDER PENALTIES F OR A VIOLATION OF TH IS SECTION, A PRIOR CONVICTION 21
UNDER SUBSECTION (A) OF THIS SECTION OR § 21–902 OF THE TRANSPORTATION 22
ARTICLE SHALL BE CONS IDERED A PRIOR CONVI CTION. 23
(g) This section applies to the following: 24
(1) A vessel required to be registered with the Department under this 25
subtitle; 26
(2) A vessel required to have a valid number awarded in accordance with a 27
federal law or a federally approved numbering system of another state; and 28
(3) A vessel from a foreign country using the waters of this State. 29
Article – Transportation 30
21–902. 31 HOUSE BILL 967 5
(a) (1) (i) A person may not drive or attempt to drive any vehicle while 1
under the influence of alcohol. 2
(ii) A person may not drive or attempt to drive any vehicle while the 3
person is under the influence of alcohol per se. 4
(iii) A person convicted of a violation of this paragraph is subject to: 5
1. For a first offense, imprisonment not exceeding 1 year or 6
a fine not exceeding $1,000 or both; and 7
2. For a second offense, imprisonment not exceeding 2 years 8
or a fine not exceeding $2,000 or both. 9
(iv) For the purpose of determining subsequent offender penalties for 10
a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 11
OR § 8–738 OF THE NATURAL RESOURCES ARTICLE, within 5 years before the 12
conviction for a violation of this paragraph, shall be considered a prior conviction. 13
(b) (1) (i) A person may not drive or attempt to drive any vehicle while 14
impaired by alcohol. 15
(ii) A person convicted of a violation of this paragraph is subject to: 16
1. For a first offense, imprisonment not exceeding 2 months 17
or a fine not exceeding $500 or both; and 18
2. For a second offense, imprisonment not exceeding 1 year 19
or a fine not exceeding $500 or both. 20
(iii) For the purpose of determining subsequent offender penalties for 21
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 22
or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE shall be 23
considered a prior conviction. 24
(c) (1) (i) A person may not drive or attempt to drive any vehicle while so 25
far impaired by any drug, any combination of drugs, or a combination of one or more drugs 26
and alcohol that the person cannot drive a vehicle safely. 27
(ii) A person convicted of a violation of this paragraph is subject to: 28
1. For a first offense, imprisonment not exceeding 2 months 29
or a fine not exceeding $500 or both; and 30
2. For a second offense, imprisonment not exceeding 1 year 31
or a fine not exceeding $500 or both. 32 6 HOUSE BILL 967
(iii) For the purpose of determining subsequent offender penalties for 1
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 2
or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE shall be 3
considered a prior conviction. 4
(iv) It is not a defense to any charge of violating this subsection that 5
the person charged is or was entitled under the laws of this State to use the drug, 6
combination of drugs, or combination of one or more drugs and alcohol, unless the person 7
was unaware that the drug or combination would make the person incapable of safely 8
driving a vehicle. 9
(d) (1) (i) A person may not drive or attempt to drive any vehicle while the 10
person is impaired by any controlled dangerous substance, as that term is defined in § 11
5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 12
dangerous substance under the laws of this State. 13
(ii) A person convicted of a violation of this paragraph is subject to: 14
1. For a first offense, imprisonment not exceeding 1 year or 15
a fine not exceeding $1,000 or both; and 16
2. For a second offense, imprisonment not exceeding 2 years 17
or a fine not exceeding $2,000 or both. 18
(iii) For the purpose of determining subsequent offender penalties for 19
a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 20
OR UNDER § 8–738 OF THE NATURAL RESOURCES ARTICLE, within 5 years before the 21
conviction for a violation of this paragraph, shall be considered a prior conviction. 22
(e) For purposes of the application of subsequent offender penalties under this 23
section, a conviction for a crime committed in another state or federal jurisdiction that, if 24
committed in this State, would constitute a violation of subsection (a)(1) or (2), (b)(1) or (2), 25
(c)(1) or (2), or (d)(1) or (2) of this section OR § 8–738 OF THE NATURAL RESOURCES 26
ARTICLE shall be considered a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), 27
or (d)(1) or (2) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE. 28
(h) (1) A person may not violate subsection (a), (b), (c), or (d) of this section if 29
the person previously has been convicted of two violations of any provision of subsection 30
(a), (b), (c), or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE. 31
(2) For purposes of this subsection, a conviction for a crime under the laws 32
of the United States that would be a crime included in paragraph (1) of this subsection if 33
committed in this State shall be considered a prior conviction under this subsection. 34
(3) A person who violates this subsection is guilty of a misdemeanor and 35 HOUSE BILL 967 7
on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding 1
$5,000 or both. 2
(i) (1) A person may not violate subsection (a), (b), (c), or (d) of this section if 3
the person previously has been convicted of: 4
(i) Three or more violations of any provision of subsection (a), (b), 5
(c), or (d) of this section OR § 8–738 OF THE NATURAL RESOURCES ARTICLE; or 6
(ii) A violation of § 2–209, § 2–503, § 2–504, § 2–505, § 2–506, or § 7
3–211 of the Criminal Law Article. 8
(2) For purposes of this subsection, a conviction for a crime under the laws 9
of the United States that would be a crime included in paragraph (1) of this subsection if 10
committed in this State shall be considered a prior conviction under this subsection. 11
(3) A person who violates this subsection is guilty of a misdemeanor and 12
on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 13
$10,000 or both. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2022. 16