EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0940* SENATE BILL 940 R5 4lr3195 CF 4lr3196 By: Senator King Introduced and read first time: February 2, 2024 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning 1 Motor Vehicles – Allowing Unauthorized Use of a Motor Vehicle and Reckless, 2 Negligent, and Aggressive Driving 3 FOR the purpose of altering the penalties for the offenses of allowing the unauthorized use 4 of a motor vehicle and reckless, negligent, and aggressive driving; adding certain 5 motor vehicle offenses as elements that may contribute to charges for reckless or 6 aggressive driving; and generally relating to motor vehicle offenses. 7 BY repealing and reenacting, with amendments, 8 Article – Transportation 9 Section 16–305, 21–901.1, and 21–901.2 10 Annotated Code of Maryland 11 (2020 Replacement Volume and 2023 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Transportation 15 16–305. 16 (a) A person may not knowingly permit a motor vehicle owned by him to be driven 17 on any highway by any person: 18 (1) If the person is not authorized by this title to drive; or 19 (2) Otherwise in violation of any of the provisions of this title. 20 (b) A person may not knowingly permit a motor vehicle under the person’s control 21 to be driven on any highway by any person: 22 2 SENATE BILL 940 (1) If the person is not authorized by this title to drive; or 1 (2) Otherwise in violation of any of the provisions of this title. 2 (C) A PERSON CONVICTED OF A VIOLA TION OF THIS SECTION IS SUBJ ECT TO 3 A FINE NOT EXCEEDING $1,000. 4 21–901.1. 5 (a) A person is guilty of reckless driving if [he] THE PERSON drives a motor 6 vehicle: 7 (1) In wanton or willful disregard for the safety of persons or property; [or] 8 (2) In a manner that indicates a wanton or willful disregard for the safety 9 of persons or property; OR 10 (3) AT A SPEED EXCEEDING 90 MILES PER HOUR . 11 (b) A person is guilty of negligent driving if [he] THE PERSON drives a motor 12 vehicle in a careless or imprudent manner that endangers any property or the life or person 13 of any individual. 14 (c) (1) A person convicted of a violation of subsection (a) of this section is 15 subject to IMPRISONMENT NOT EXCE EDING 1 YEAR OR a fine not exceeding [$1,000] 16 $5,000 OR BOTH. 17 (2) A PERSON CONVICTED OF A VIOLATION OF SUBSE CTION (B) OF 18 THIS SECTION IS SUBJ ECT TO IMPRISONMENT NOT EXCEEDING 2 MONTHS OR A FINE 19 NOT EXCEEDING $3,000 OR BOTH. 20 21–901.2. 21 (A) A person is guilty of aggressive driving if the person commits three or more of 22 the following offenses at the same time or during a single and continuous period of driving 23 in violation of: 24 (1) § 21–201 OF THIS TITLE (FAILURE TO OBEY TRAFF IC CONTROL 25 DEVICE OR LEAVING ROADWAY TO A VOID TRAFFIC CONTROL DEVICE); 26 (2) § 21–202 of this title (Traffic lights with steady indication); 27 [(2)] (3) § 21–303 of this title (Overtaking and passing vehicles); 28 [(3)] (4) § 21–304 of this title (Passing on right); 29 SENATE BILL 940 3 (5) § 21–305 OF THIS TITLE (DRIVING LEFT OF CENTE R OF ROADWAY 1 IN OVERTAKING AND PA SSING VEHICLE); 2 (6) § 21–307 OF THIS TITLE (DRIVING ON LEFT IN NO–PASSING ZONE); 3 [(4)] (7) § 21–309 of this title (Driving on laned roadways); 4 [(5)] (8) § 21–310 of this title (Following too closely); 5 [(6)] (9) § 21–403 of this title (Failure to yield right–of–way); [or] 6 (10) § 21–502(A)(2) OF THIS TITLE (FAILURE TO STOP FOR 7 PEDESTRIAN IN CROSSWALK ); 8 (11) § 21–502(C) OF THIS TITLE (OVERTAKING AND PASSING VEHICLE 9 STOPPED FOR PEDESTRIAN IN CROSSWALK ); 10 (12) § 21–706 OF THIS TITLE (OVERTAKING AND PASSIN G SCHOOL 11 VEHICLE STOPPED AND OPERATIN G ALTERNATELY FLASHI NG RED LIGHTS); 12 (13) § 21–707 OF THIS TITLE (STOP SIGNS AND YIELD SIGNS); 13 [(7)] (14) § 21–801.1 of this title (Exceeding [a] maximum speed limit or 14 posted maximum speed limit); 15 (15) § 21–1117 OF THIS TITLE (SKIDDING, SPINNING WHEELS , AND 16 EXCESSIVE NOISE ); 17 (16) § 21–1131 OF THIS TITLE (DISCHARGING DIESEL EMISSIONS ONT O 18 ANOTHER); 19 (17) § 21–1209(A) OF THIS TITLE (AVOIDING COLLISION AND 20 OVERTAKING AND PASSING BICYCLE , EPAMD, OR MOTOR SCOOTER ); 21 (18) § 21–1303(C) OF THIS TITLE (MOTORCYCLE OVERTAKING AND 22 PASSING IN SAME LANE AS ANOTHER VEHICLE); OR 23 (19) § 21–1303(D) OF THIS TITLE (MOTORCYCLE OPERATING 24 BETWEEN LANES OF TRA FFIC OR VEHICLES). 25 (B) A PERSON IS GUILTY OF AGGRESSIVE DRIVIN G IF THE PERSON COMMITS 26 TWO OR MORE OF THE O FFENSES ENUMERATED IN SUBSECTION (A) OF THIS 27 SECTION AT THE SAME TIME OR DUR ING A SINGLE AND CONTINUOUS PERIO D OF 28 4 SENATE BILL 940 DRIVING IN A HIGHWAY WORK ZONE, AS DEFINED IN § 21–802.1 OF THIS TITLE, OR A 1 SCHOOL ZONE , AS DEFINED IN § 21–809 OF THIS TITLE. 2 (C) A PERSON CHARGED WITH A FIRST OFFENSE FOR A VIOLATION OF THIS 3 SECTION: 4 (1) MUST APPEAR IN COURT ; AND 5 (2) MAY NOT PREPAY THE FI NE. 6 (D) A PERSON CONVICTED OF A VIOLATION OF THIS SE CTION IS SUBJECT 7 TO: 8 (1) FOR A FIRST OFFENSE , A FINE NOT EXCEEDING $1,000; 9 (2) FOR A SECOND OFFENSE , IMPRISONMENT NOT EXC EEDING 2 10 MONTHS OR A FINE NOT EXCEEDING $2,000 OR BOTH; AND 11 (3) FOR A THIRD OR SUBSEQUENT OFFENSE , IMPRISONMENT NOT 12 EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $3,000 OR BOTH. 13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 October 1, 2024. 15