EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0207* SENATE BILL 207 R4 5lr0211 (PRE–FILED) CF HB 70 By: Chair, Judicial Proceedings Committee (By Request – Departmental – Transportation) Requested: October 9, 2024 Introduced and read first time: January 8, 2025 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 24, 2025 CHAPTER ______ AN ACT concerning 1 Drunk and Drug–Impaired Driving and Failure to Remain at the Scene – 2 Revocation of Driver’s License 3 FOR the purpose of requiring the Motor Vehicle Administration to revoke the driver’s 4 license of a person who has been convicted of, or been granted probation before 5 judgment for, impaired driving that contributes to an accident, or fails to remain at 6 the scene of an accident, that results in the death or life–threatening injury to 7 another person; authorizing a person whose driver’s license is revoked under this Act 8 or for homicide by motor vehicle while impaired to apply for license reinstatement 9 after a certain period of time; requiring a person whose driver’s license is revoked for 10 failure to remain at the scene of an accident that results in the death or bodily injury 11 of another person to participate in the Ignition Interlock System Program; and 12 generally relating to driver’s license revocation for drunk and drug–impaired driving 13 and failure to remain at the scene of an accident. 14 BY repealing and reenacting, with amendments, 15 Article – Transportation 16 Section 16–205(b), 16–208(b), and 16–404.1(d)(1)(i) 16–205(b) and 16–208(b) 17 Annotated Code of Maryland 18 (2020 Replacement Volume and 2024 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 2 SENATE BILL 207 Article – Transportation 1 16–205. 2 (b) The Administration: 3 (1) Shall revoke the license of any person who has been convicted OF, OR 4 GRANTED PROBATION BE FORE JUDGMENT UNDER § 6–220 OF THE CRIMINAL 5 PROCEDURE ARTICLE FOR, A VIOLATION under: 6 (I) Title 2, Subtitle 5 of the Criminal Law Article[, of] FOR homicide 7 by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by 8 any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a 9 controlled dangerous substance; 10 (II) § 21–902(A), (B), (C), OR (D) OF THIS ARTICLE FOR DRIVING 11 WHILE UNDER THE INFL UENCE OF ALCOHOL OR ALCOHOL PER SE , IMPAIRED BY 12 ALCOHOL, OR IMPAIRED BY ANY D RUG, ANY COMBINATION OF D RUGS, A 13 COMBINATI ON OF ONE OR MORE DR UGS AND ALCOHOL , OR A CONTROLLED 14 DANGEROUS SUBSTANCE THAT CONTRIBUTES TO AN ACCIDENT THAT RES ULTS IN 15 THE DEATH OR LIFE –THREATENING INJURY O F ANOTHER PERSON ; OR 16 (III) § 20–102 OF THIS ARTICLE FOR FAILURE TO REMAIN AT THE 17 SCENE OF AN ACCIDENT THAT RESULTS IN THE DEATH OR SERIOUS BODILY INJURY 18 OF ANOTHER PERSON ; and 19 (2) May not issue a temporary license to drive for any person whose license 20 has been revoked under item (1) of this subsection during an administrative appeal of the 21 revocation. 22 16–208. 23 (b) (1) Any individual whose license or privilege to drive has been revoked may 24 apply for reinstatement of the individual’s license or privilege as provided in this 25 subsection. 26 (2) (i) If it is the individual’s first revocation, the individual may file a 27 reinstatement application at any time after the day the revoked license is surrendered to 28 and received by the Administration or, in the case of an individual who does not have a 29 license issued under this title, after the effective date of the revocation. 30 (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 31 receipt of the application, the Administration may reinstate the license or privilege 6 32 months after the revoked license is received by the Administration or, in the case of an 33 SENATE BILL 207 3 individual who does not have a license issued under this title, 6 months after the effective 1 date of revocation. 2 (3) (i) If it is the individual’s second revocation, the individual may file 3 a reinstatement application at any time after 1 year from the day the revoked license is 4 surrendered to and received by the Administration or, in the case of an individual who does 5 not have a license issued under this title, after 1 year from the effective date of revocation. 6 (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 7 receipt of the application, the Administration may reinstate the license or privilege. 8 (4) (i) If it is the individual’s third revocation, the individual may file a 9 reinstatement application at any time after 18 months from the day the revoked license is 10 surrendered to and received by the Administration or, in the case of an individual who does 11 not have a license issued under this title, after 18 months from the effective date of 12 revocation. 13 (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 14 receipt of the application, the Administration may reinstate the license or privilege. 15 (5) (i) If it is the individual’s fourth or subsequent revocation, the 16 individual may file a reinstatement application at any time after 2 years from the day the 17 revoked license is surrendered to and received by the Administration or, in the case of an 18 individual who does not have a license issued under this title, after 2 years from the 19 effective date of revocation. 20 (ii) Except as provided in paragraph [(6)] (7) of this subsection, on 21 receipt of the application, the Administration may reinstate the license or privilege. 22 (6) (I) IF EXCEPT AS PROVIDED IN SUBPA RAGRAPH (II) OF THIS 23 PARAGRAPH , IF THE INDIVIDUAL ’S LICENSE IS REVOKED UNDER § 24 16–205(B) OF THIS SUBTITLE , THE INDIVIDUAL MAY F ILE A REINSTATEMENT 25 APPLICATION AT ANY T IME AFTER 5 YEARS FROM THE DAY T HE REVOKED LICENSE 26 IS SURRENDERED TO AND RECEIVED BY THE ADMINISTRATION OR , IN THE CASE OF 27 AN INDIVIDUAL WHO DO ES NOT HAVE A LICENS E ISSUED UNDER THIS TITLE, AFTER 28 5 YEARS FROM THE EFFEC TIVE DATE OF REVOCAT ION. 29 (II) THE INDIVIDUAL MAY FI LE A REINSTATEMENT 30 APPLICATION AT ANY T IME AFTER 2 YEARS FROM THE DAY T HE REVOKED LICENSE 31 IS SURRENDERED TO AN D RECEIVED BY THE ADMINISTRATION OR , IN THE CASE OF 32 AN INDIVIDUAL WHO DO ES NOT HAVE A LICENS E ISSUED UNDER THIS TITLE, AFTER 33 2 YEARS FROM THE EFFEC TIVE DATE OF REVOCAT ION IF THE ADMINISTRATION 34 FINDS THAT: 35 4 SENATE BILL 207 1. NOT ALLOWING THE INDI VIDUAL TO FILE A 1 REINSTATEMENT APPLIC ATION WILL CAUSE UND UE HARDSHIP; OR 2 2. EXTENUATING CIRCUMSTA NCES EXIST JUSTIFYIN G 3 THE FILING OF A REIN STATEMENT APPLICATIO N. 4 (II) (III) EXCEPT AS PROVIDED IN PARAGRAPH (7) OF THIS 5 SUBSECTION, ON RECEIPT OF THE AP PLICATION, THE ADMINISTRATION MAY 6 REINSTATE THE LICENS E OR PRIVILEGE. 7 (7) (i) The Administration may not reinstate a license or privilege to 8 drive under this subsection if the license or privilege has been refused, revoked, suspended, 9 or canceled under any other provision of the Maryland Vehicle Law. 10 (ii) 1. In this subparagraph, “alcohol–related or drug–related 11 driving incident” means a: 12 A. Conviction or probation before judgment for a violation of 13 § 21–902(a), (b), (c), or (d) of this article or a substantially similar law of another 14 jurisdiction; 15 B. Refusal to submit to a test under § 16–205.1 of this subtitle 16 or a substantially similar law of another jurisdiction; or 17 C. Test result that indicates an alcohol concentration of 0.10 18 or more at the time of testing under § 16–205.1 of this subtitle or a substantially similar 19 law of another jurisdiction. 20 2. Alcohol–related or drug–related driving incidents 21 committed at the same time or arising out of the same circumstances may not be considered 22 separate alcohol–related or drug–related driving incidents for the purpose of this 23 subparagraph. 24 3. Notwithstanding paragraphs (1) through [(5)] (6) of this 25 subsection, the Administration may reinstate a license or privilege to drive only if, after an 26 investigation of an individual’s habits and driving ability, the Administration is satisfied it 27 will be safe to reinstate the license or privilege of an individual who has been: 28 A. Involved in any combination of three or more separate 29 alcohol–related or drug–related driving incidents; 30 B. Involved in a vehicular accident resulting in the death of 31 another person; or 32 C. Convicted of a violation for failing to stop after a vehicular 33 accident resulting in bodily injury or death. 34 SENATE BILL 207 5 [(7)] (8) Except as otherwise provided in this title, before issuing a new 1 license, the Administration shall require the applicant to submit to the examinations that 2 it considers appropriate. 3 16–404.1. 4 (d) (1) (i) Notwithstanding subsection (c) of this section, an individual 5 shall be a participant if: 6 1. The individual is convicted of, or is granted probation 7 before judgment under § 6–220 of the Criminal Procedure Article for, a violation of § 8 21–902(a) or (b) of this article; 9 2. The individual’s license is suspended or revoked under § 10 16–205 of this title for a violation of § 21–902(b) of this article or under § 16–404 of this 11 subtitle for an accumulation of points under § 16–402(a)(29) of this subtitle for driving while 12 impaired by alcohol; 13 3. The individual’s license is suspended or revoked under § 14 16–205 of this title or § 16–402(a)(38) of this subtitle for a violation of § 21–902(a) of this 15 article; 16 4. The individual’s license is revoked under § 16–205(b) of 17 this title or suspended or revoked for an accumulation of points under § 16–402(a)(37) of 18 this subtitle for: 19 A. Homicide by motor vehicle while under the influence of 20 alcohol or alcohol per se, homicide by motor vehicle while impaired by alcohol, or homicide 21 by motor vehicle while impaired by a combination of one or more drugs and alcohol; [or] 22 B. Life–threatening injury by motor vehicle while under the 23 influence of alcohol or alcohol per se, life–threatening injury by motor vehicle while 24 impaired by alcohol, or life–threatening injury by motor vehicle while impaired by one or 25 more drugs and alcohol; or 26 C. FAILURE TO REMAIN AT THE SCENE OF AN ACCI DENT 27 THAT RESULTS IN THE DEATH OR BODILY INJURY OF ANOTHER PERSON ; OR 28 5. The individual is required to be a participant by a court 29 order under § 27–107.1 of this article. 30 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 October 1, 2025. 32