Maryland 2025 Regular Session

Maryland Senate Bill SB207 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0207*
96
107 SENATE BILL 207
118 R4 5lr0211
129 (PRE–FILED) CF HB 70
1310 By: Chair, Judicial Proceedings Committee (By Request – Departmental –
1411 Transportation)
1512 Requested: October 9, 2024
1613 Introduced and read first time: January 8, 2025
1714 Assigned to: Judicial Proceedings
18-Committee Report: Favorable with amendments
19-Senate action: Adopted
20-Read second time: February 24, 2025
2115
22-CHAPTER ______
16+A BILL ENTITLED
2317
2418 AN ACT concerning 1
2519
2620 Drunk and Drug–Impaired Driving and Failure to Remain at the Scene – 2
2721 Revocation of Driver’s License 3
2822
2923 FOR the purpose of requiring the Motor Vehicle Administration to revoke the driver’s 4
3024 license of a person who has been convicted of, or been granted probation before 5
3125 judgment for, impaired driving that contributes to an accident, or fails to remain at 6
3226 the scene of an accident, that results in the death or life–threatening injury to 7
3327 another person; authorizing a person whose driver’s license is revoked under this Act 8
3428 or for homicide by motor vehicle while impaired to apply for license reinstatement 9
3529 after a certain period of time; requiring a person whose driver’s license is revoked for 10
3630 failure to remain at the scene of an accident that results in the death or bodily injury 11
3731 of another person to participate in the Ignition Interlock System Program; and 12
3832 generally relating to driver’s license revocation for drunk and drug–impaired driving 13
3933 and failure to remain at the scene of an accident. 14
4034
4135 BY repealing and reenacting, with amendments, 15
4236 Article – Transportation 16
43- Section 16–205(b), 16–208(b), and 16–404.1(d)(1)(i) 16–205(b) and 16–208(b) 17
37+ Section 16–205(b), 16–208(b), and 16–404.1(d)(1)(i) 17
4438 Annotated Code of Maryland 18
4539 (2020 Replacement Volume and 2024 Supplement) 19
4640
4741 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
48-That the Laws of Maryland read as follows: 21 2 SENATE BILL 207
42+That the Laws of Maryland read as follows: 21
43+
44+Article – Transportation 22
45+
46+16–205. 23
47+
48+ (b) The Administration: 24 2 SENATE BILL 207
4949
5050
5151
52-Article – Transportation 1
52+ (1) Shall revoke the license of any person who has been convicted OF, OR 1
53+GRANTED PROBATION BE FORE JUDGMENT UNDER § 6–220 OF THE CRIMINAL 2
54+PROCEDURE ARTICLE FOR, A VIOLATION under: 3
5355
54-16–205. 2
56+ (I) Title 2, Subtitle 5 of the Criminal Law Article[, of] FOR homicide 4
57+by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by 5
58+any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a 6
59+controlled dangerous substance; 7
5560
56- (b) The Administration: 3
61+ (II) § 21–902(A), (B), (C), OR (D) OF THIS ARTICLE FOR DRIVING 8
62+WHILE UNDER THE INFL UENCE OF ALCOHOL OR ALCOHOL PER SE , IMPAIRED BY 9
63+ALCOHOL, OR IMPAIRED BY ANY D RUG, ANY COMBINATION OF D RUGS, A 10
64+COMBINATION OF ONE O R MORE DRUGS AND ALC OHOL, OR A CONTROLLED 11
65+DANGEROUS SUBSTANCE THAT CONTRIBUTES TO AN AC CIDENT THAT RESULTS IN 12
66+THE DEATH OR LIFE –THREATENING INJURY O F ANOTHER PERSON ; OR 13
5767
58- (1) Shall revoke the license of any person who has been convicted OF, OR 4
59-GRANTED PROBATION BE FORE JUDGMENT UNDER § 6–220 OF THE CRIMINAL 5
60-PROCEDURE ARTICLE FOR, A VIOLATION under: 6
68+ (III) § 20–102 OF THIS ARTICLE FOR FAILURE TO REMAIN AT THE 14
69+SCENE OF AN ACCIDENT THAT RESULTS IN THE DEATH OR BODILY INJURY OF 15
70+ANOTHER PERSON ; and 16
6171
62- (I) Title 2, Subtitle 5 of the Criminal Law Article[, of] FOR homicide 7
63-by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by 8
64-any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a 9
65-controlled dangerous substance; 10
72+ (2) May not issue a temporary license to drive for any person whose license 17
73+has been revoked under item (1) of this subsection during an administrative appeal of the 18
74+revocation. 19
6675
67- (II) § 21–902(A), (B), (C), OR (D) OF THIS ARTICLE FOR DRIVING 11
68-WHILE UNDER THE INFL UENCE OF ALCOHOL OR ALCOHOL PER SE , IMPAIRED BY 12
69-ALCOHOL, OR IMPAIRED BY ANY D RUG, ANY COMBINATION OF D RUGS, A 13
70-COMBINATI ON OF ONE OR MORE DR UGS AND ALCOHOL , OR A CONTROLLED 14
71-DANGEROUS SUBSTANCE THAT CONTRIBUTES TO AN ACCIDENT THAT RES ULTS IN 15
72-THE DEATH OR LIFE –THREATENING INJURY O F ANOTHER PERSON ; OR 16
76+16–208. 20
7377
74- (III) § 20–102 OF THIS ARTICLE FOR FAILURE TO REMAIN AT THE 17
75-SCENE OF AN ACCIDENT THAT RESULTS IN THE DEATH OR SERIOUS BODILY INJURY 18
76-OF ANOTHER PERSON ; and 19
78+ (b) (1) Any individual whose license or privilege to drive has been revoked may 21
79+apply for reinstatement of the individual’s license or privilege as provided in this 22
80+subsection. 23
7781
78- (2) May not issue a temporary license to drive for any person whose license 20
79-has been revoked under item (1) of this subsection during an administrative appeal of the 21
80-revocation. 22
82+ (2) (i) If it is the individual’s first revocation, the individual may file a 24
83+reinstatement application at any time after the day the revoked license is surrendered to 25
84+and received by the Administration or, in the case of an individual who does not have a 26
85+license issued under this title, after the effective date of the revocation. 27
8186
82-16–208. 23
87+ (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 28
88+receipt of the application, the Administration may reinstate the license or privilege 6 29
89+months after the revoked license is received by the Administration or, in the case of an 30
90+individual who does not have a license issued under this title, 6 months after the effective 31
91+date of revocation. 32
8392
84- (b) (1) Any individual whose license or privilege to drive has been revoked may 24
85-apply for reinstatement of the individual’s license or privilege as provided in this 25
86-subsection. 26
87-
88- (2) (i) If it is the individual’s first revocation, the individual may file a 27
89-reinstatement application at any time after the day the revoked license is surrendered to 28
90-and received by the Administration or, in the case of an individual who does not have a 29
91-license issued under this title, after the effective date of the revocation. 30
92-
93- (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 31
94-receipt of the application, the Administration may reinstate the license or privilege 6 32
95-months after the revoked license is received by the Administration or, in the case of an 33 SENATE BILL 207 3
96-
97-
98-individual who does not have a license issued under this title, 6 months after the effective 1
99-date of revocation. 2
100-
101- (3) (i) If it is the individual’s second revocation, the individual may file 3
102-a reinstatement application at any time after 1 year from the day the revoked license is 4
103-surrendered to and received by the Administration or, in the case of an individual who does 5
104-not have a license issued under this title, after 1 year from the effective date of revocation. 6
105-
106- (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 7
107-receipt of the application, the Administration may reinstate the license or privilege. 8
108-
109- (4) (i) If it is the individual’s third revocation, the individual may file a 9
110-reinstatement application at any time after 18 months from the day the revoked license is 10
111-surrendered to and received by the Administration or, in the case of an individual who does 11
112-not have a license issued under this title, after 18 months from the effective date of 12
113-revocation. 13
114-
115- (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 14
116-receipt of the application, the Administration may reinstate the license or privilege. 15
117-
118- (5) (i) If it is the individual’s fourth or subsequent revocation, the 16
119-individual may file a reinstatement application at any time after 2 years from the day the 17
120-revoked license is surrendered to and received by the Administration or, in the case of an 18
121-individual who does not have a license issued under this title, after 2 years from the 19
122-effective date of revocation. 20
123-
124- (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 21
125-receipt of the application, the Administration may reinstate the license or privilege. 22
126-
127- (6) (I) IF EXCEPT AS PROVIDED IN SUBPA RAGRAPH (II) OF THIS 23
128-PARAGRAPH , IF THE INDIVIDUAL ’S LICENSE IS REVOKED UNDER § 24
129-16–205(B) OF THIS SUBTITLE , THE INDIVIDUAL MAY F ILE A REINSTATEMENT 25
130-APPLICATION AT ANY T IME AFTER 5 YEARS FROM THE DAY T HE REVOKED LICENSE 26
131-IS SURRENDERED TO AND RECEIVED BY THE ADMINISTRATION OR , IN THE CASE OF 27
132-AN INDIVIDUAL WHO DO ES NOT HAVE A LICENS E ISSUED UNDER THIS TITLE, AFTER 28
133-5 YEARS FROM THE EFFEC TIVE DATE OF REVOCAT ION. 29
134-
135- (II) THE INDIVIDUAL MAY FI LE A REINSTATEMENT 30
136-APPLICATION AT ANY T IME AFTER 2 YEARS FROM THE DAY T HE REVOKED LICENSE 31
137-IS SURRENDERED TO AN D RECEIVED BY THE ADMINISTRATION OR , IN THE CASE OF 32
138-AN INDIVIDUAL WHO DO ES NOT HAVE A LICENS E ISSUED UNDER THIS TITLE, AFTER 33
139-2 YEARS FROM THE EFFEC TIVE DATE OF REVOCAT ION IF THE ADMINISTRATION 34
140-FINDS THAT: 35
141- 4 SENATE BILL 207
142-
143-
144- 1. NOT ALLOWING THE INDI VIDUAL TO FILE A 1
145-REINSTATEMENT APPLIC ATION WILL CAUSE UND UE HARDSHIP; OR 2
146-
147- 2. EXTENUATING CIRCUMSTA NCES EXIST JUSTIFYIN G 3
148-THE FILING OF A REIN STATEMENT APPLICATIO N. 4
149-
150- (II) (III) EXCEPT AS PROVIDED IN PARAGRAPH (7) OF THIS 5
151-SUBSECTION, ON RECEIPT OF THE AP PLICATION, THE ADMINISTRATION MAY 6
152-REINSTATE THE LICENS E OR PRIVILEGE. 7
153-
154- (7) (i) The Administration may not reinstate a license or privilege to 8
155-drive under this subsection if the license or privilege has been refused, revoked, suspended, 9
156-or canceled under any other provision of the Maryland Vehicle Law. 10
157-
158- (ii) 1. In this subparagraph, “alcohol–related or drug–related 11
159-driving incident” means a: 12
160-
161- A. Conviction or probation before judgment for a violation of 13
162-§ 21–902(a), (b), (c), or (d) of this article or a substantially similar law of another 14
163-jurisdiction; 15
164-
165- B. Refusal to submit to a test under § 16–205.1 of this subtitle 16
166-or a substantially similar law of another jurisdiction; or 17
167-
168- C. Test result that indicates an alcohol concentration of 0.10 18
169-or more at the time of testing under § 16–205.1 of this subtitle or a substantially similar 19
170-law of another jurisdiction. 20
171-
172- 2. Alcohol–related or drug–related driving incidents 21
173-committed at the same time or arising out of the same circumstances may not be considered 22
174-separate alcohol–related or drug–related driving incidents for the purpose of this 23
175-subparagraph. 24
176-
177- 3. Notwithstanding paragraphs (1) through [(5)] (6) of this 25
178-subsection, the Administration may reinstate a license or privilege to drive only if, after an 26
179-investigation of an individual’s habits and driving ability, the Administration is satisfied it 27
180-will be safe to reinstate the license or privilege of an individual who has been: 28
181-
182- A. Involved in any combination of three or more separate 29
183-alcohol–related or drug–related driving incidents; 30
184-
185- B. Involved in a vehicular accident resulting in the death of 31
186-another person; or 32
187-
188- C. Convicted of a violation for failing to stop after a vehicular 33
189-accident resulting in bodily injury or death. 34 SENATE BILL 207 5
93+ (3) (i) If it is the individual’s second revocation, the individual may file 33
94+a reinstatement application at any time after 1 year from the day the revoked license is 34
95+surrendered to and received by the Administration or, in the case of an individual who does 35
96+not have a license issued under this title, after 1 year from the effective date of revocation. 36 SENATE BILL 207 3
19097
19198
19299
193- [(7)] (8) Except as otherwise provided in this title, before issuing a new 1
194-license, the Administration shall require the applicant to submit to the examinations that 2
195-it considers appropriate. 3
100+ (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 1
101+receipt of the application, the Administration may reinstate the license or privilege. 2
196102
197-16–404.1. 4
103+ (4) (i) If it is the individual’s third revocation, the individual may file a 3
104+reinstatement application at any time after 18 months from the day the revoked license is 4
105+surrendered to and received by the Administration or, in the case of an individual who does 5
106+not have a license issued under this title, after 18 months from the effective date of 6
107+revocation. 7
198108
199- (d) (1) (i) Notwithstanding subsection (c) of this section, an individual 5
200-shall be a participant if: 6
109+ (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 8
110+receipt of the application, the Administration may reinstate the license or privilege. 9
201111
202- 1. The individual is convicted of, or is granted probation 7
203-before judgment under § 6–220 of the Criminal Procedure Article for, a violation of § 8
204-21–902(a) or (b) of this article; 9
112+ (5) (i) If it is the individual’s fourth or subsequent revocation, the 10
113+individual may file a reinstatement application at any time after 2 years from the day the 11
114+revoked license is surrendered to and received by the Administration or, in the case of an 12
115+individual who does not have a license issued under this title, after 2 years from the 13
116+effective date of revocation. 14
205117
206- 2. The individual’s license is suspended or revoked under § 10
207-16–205 of this title for a violation of § 21–902(b) of this article or under § 16–404 of this 11
208-subtitle for an accumulation of points under § 16–402(a)(29) of this subtitle for driving while 12
209-impaired by alcohol; 13
118+ (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 15
119+receipt of the application, the Administration may reinstate the license or privilege. 16
210120
211- 3. The individual’s license is suspended or revoked under § 14
212-16–205 of this title or § 16–402(a)(38) of this subtitle for a violation of § 21–902(a) of this 15
213-article; 16
121+ (6) (I) IF THE INDIVIDUAL’S LICENSE IS REVOKED UNDER § 17
122+16–205(B) OF THIS SUBTITLE , THE INDIVIDUAL MAY F ILE A REINSTATEMENT 18
123+APPLICATION AT ANY T IME AFTER 5 YEARS FROM THE DAY T HE REVOKED LICENSE 19
124+IS SURRENDERED TO AN D RECEIVED BY THE ADMINISTRATION OR , IN THE CASE OF 20
125+AN INDIVIDUAL WHO DO ES NOT HAVE A LICENS E ISSUED UNDER THIS TITLE, AFTER 21
126+5 YEARS FROM THE EFFEC TIVE DATE OF REVOCATION . 22
214127
215- 4. The individual’s license is revoked under § 16–205(b) of 17
216-this title or suspended or revoked for an accumulation of points under § 16–402(a)(37) of 18
217-this subtitle for: 19
128+ (II) EXCEPT AS PROVIDED IN PARAGRAPH (7) OF THIS 23
129+SUBSECTION, ON RECEIPT OF THE AP PLICATION, THE ADMINISTRATION MAY 24
130+REINSTATE THE LICENS E OR PRIVILEGE. 25
218131
219- A. Homicide by motor vehicle while under the influence of 20
220-alcohol or alcohol per se, homicide by motor vehicle while impaired by alcohol, or homicide 21
221-by motor vehicle while impaired by a combination of one or more drugs and alcohol; [or] 22
132+ (7) (i) The Administration may not reinstate a license or privilege to 26
133+drive under this subsection if the license or privilege has been refused, revoked, suspended, 27
134+or canceled under any other provision of the Maryland Vehicle Law. 28
222135
223- B. Life–threatening injury by motor vehicle while under the 23
224-influence of alcohol or alcohol per se, life–threatening injury by motor vehicle while 24
225-impaired by alcohol, or life–threatening injury by motor vehicle while impaired by one or 25
226-more drugs and alcohol; or 26
136+ (ii) 1. In this subparagraph, “alcohol–related or drug–related 29
137+driving incident” means a: 30
227138
228- C. FAILURE TO REMAIN AT THE SCENE OF AN ACCI DENT 27
229-THAT RESULTS IN THE DEATH OR BODILY INJURY OF ANOTHER PERSON ; OR 28
139+ A. Conviction or probation before judgment for a violation of 31
140+§ 21–902(a), (b), (c), or (d) of this article or a substantially similar law of another 32
141+jurisdiction; 33
230142
231- 5. The individual is required to be a participant by a court 29
232-order under § 27–107.1 of this article. 30
143+ B. Refusal to submit to a test under § 16–205.1 of this subtitle 34
144+or a substantially similar law of another jurisdiction; or 35 4 SENATE BILL 207
233145
234- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
235-October 1, 2025. 32
236146
147+
148+ C. Test result that indicates an alcohol concentration of 0.10 1
149+or more at the time of testing under § 16–205.1 of this subtitle or a substantially similar 2
150+law of another jurisdiction. 3
151+
152+ 2. Alcohol–related or drug–related driving incidents 4
153+committed at the same time or arising out of the same circumstances may not be considered 5
154+separate alcohol–related or drug–related driving incidents for the purpose of this 6
155+subparagraph. 7
156+
157+ 3. Notwithstanding paragraphs (1) through [(5)] (6) of this 8
158+subsection, the Administration may reinstate a license or privilege to drive only if, after an 9
159+investigation of an individual’s habits and driving ability, the Administration is satisfied it 10
160+will be safe to reinstate the license or privilege of an individual who has been: 11
161+
162+ A. Involved in any combination of three or more separate 12
163+alcohol–related or drug–related driving incidents; 13
164+
165+ B. Involved in a vehicular accident resulting in the death of 14
166+another person; or 15
167+
168+ C. Convicted of a violation for failing to stop after a vehicular 16
169+accident resulting in bodily injury or death. 17
170+
171+ [(7)] (8) Except as otherwise provided in this title, before issuing a new 18
172+license, the Administration shall require the applicant to submit to the examinations that 19
173+it considers appropriate. 20
174+
175+16–404.1. 21
176+
177+ (d) (1) (i) Notwithstanding subsection (c) of this section, an individual 22
178+shall be a participant if: 23
179+
180+ 1. The individual is convicted of, or is granted probation 24
181+before judgment under § 6–220 of the Criminal Procedure Article for, a violation of § 25
182+21–902(a) or (b) of this article; 26
183+
184+ 2. The individual’s license is suspended or revoked under § 27
185+16–205 of this title for a violation of § 21–902(b) of this article or under § 16–404 of this 28
186+subtitle for an accumulation of points under § 16–402(a)(29) of this subtitle for driving while 29
187+impaired by alcohol; 30
188+
189+ 3. The individual’s license is suspended or revoked under § 31
190+16–205 of this title or § 16–402(a)(38) of this subtitle for a violation of § 21–902(a) of this 32
191+article; 33
192+ SENATE BILL 207 5
193+
194+
195+ 4. The individual’s license is revoked under § 16–205(b) of 1
196+this title or suspended or revoked for an accumulation of points under § 16–402(a)(37) of 2
197+this subtitle for: 3
198+
199+ A. Homicide by motor vehicle while under the influence of 4
200+alcohol or alcohol per se, homicide by motor vehicle while impaired by alcohol, or homicide 5
201+by motor vehicle while impaired by a combination of one or more drugs and alcohol; [or] 6
202+
203+ B. Life–threatening injury by motor vehicle while under the 7
204+influence of alcohol or alcohol per se, life–threatening injury by motor vehicle while 8
205+impaired by alcohol, or life–threatening injury by motor vehicle while impaired by one or 9
206+more drugs and alcohol; or 10
207+
208+ C. FAILURE TO REMAIN AT THE SCE NE OF AN ACCIDENT 11
209+THAT RESULTS IN THE DEATH OR BODILY INJURY OF ANOTHER PERSON ; OR 12
210+
211+ 5. The individual is required to be a participant by a court 13
212+order under § 27–107.1 of this article. 14
213+
214+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
215+October 1, 2025. 16