1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0364* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 364 |
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8 | 8 | | E1 5lr1979 |
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9 | 9 | | SB 26/24 – JPR CF 5lr1980 |
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10 | 10 | | By: Senator Bailey |
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11 | 11 | | Introduced and read first time: January 17, 2025 |
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12 | 12 | | Assigned to: Judicial Proceedings |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Criminal Law – Manslaughter by Vehicle or Vessel – Increased Penalties 2 |
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19 | 19 | | (Jamari’s Law) 3 |
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20 | 20 | | |
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21 | 21 | | FOR the purpose of increasing the maximum periods of imprisonment for an individual 4 |
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22 | 22 | | convicted of manslaughter by vehicle or vessel; and generally relating to penalties 5 |
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23 | 23 | | for manslaughter by vehicle or vessel. 6 |
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24 | 24 | | |
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25 | 25 | | BY repealing and reenacting, with amendments, 7 |
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26 | 26 | | Article – Criminal Law 8 |
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27 | 27 | | Section 2–209 9 |
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28 | 28 | | Annotated Code of Maryland 10 |
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29 | 29 | | (2021 Replacement Volume and 2024 Supplement) 11 |
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30 | 30 | | |
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31 | 31 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 |
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32 | 32 | | That the Laws of Maryland read as follows: 13 |
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33 | 33 | | |
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34 | 34 | | Article – Criminal Law 14 |
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35 | 35 | | |
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36 | 36 | | 2–209. 15 |
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37 | 37 | | |
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38 | 38 | | (a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, 16 |
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39 | 39 | | engine, and train. 17 |
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40 | 40 | | |
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41 | 41 | | (b) A person may not cause the death of another as a result of the person’s driving, 18 |
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42 | 42 | | operating, or controlling a vehicle or vessel in a grossly negligent manner. 19 |
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43 | 43 | | |
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44 | 44 | | (c) A violation of this section is manslaughter by vehicle or vessel. 20 |
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45 | 45 | | 2 SENATE BILL 364 |
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46 | 46 | | |
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47 | 47 | | |
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48 | 48 | | (d) (1) Except as provided in paragraph (2) of this subsection, a person who 1 |
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49 | 49 | | violates this section is guilty of a felony and on conviction is subject to imprisonment not 2 |
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50 | 50 | | exceeding [10] 20 years or a fine not exceeding $5,000 or both. 3 |
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51 | 51 | | |
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52 | 52 | | (2) (i) A person who violates this section, having previously been 4 |
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53 | 53 | | convicted under this section, § 2–210, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this 5 |
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54 | 54 | | article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is 6 |
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55 | 55 | | subject to imprisonment not exceeding [15] 30 years or a fine not exceeding $10,000 or 7 |
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56 | 56 | | both. 8 |
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57 | 57 | | |
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58 | 58 | | (ii) For the purposes of application of subsequent offender penalties 9 |
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59 | 59 | | under subparagraph (i) of this paragraph, a conviction for a crime committed in another 10 |
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60 | 60 | | state or federal jurisdiction that, if committed in this State would constitute a violation of 11 |
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61 | 61 | | this section, § 2–210, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 12 |
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62 | 62 | | 21–902 of the Transportation Article, shall be considered a violation of this section. 13 |
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63 | 63 | | |
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64 | 64 | | (e) (1) An indictment or other charging document for manslaughter by vehicle 14 |
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65 | 65 | | or vessel is sufficient if it substantially states: 15 |
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66 | 66 | | |
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67 | 67 | | “(name of defendant) on (date) in (county) killed (name of victim) in a grossly 16 |
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68 | 68 | | negligent manner against the peace, government, and dignity of the State.”. 17 |
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69 | 69 | | |
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70 | 70 | | (2) An indictment or other charging document for manslaughter by vehicle 18 |
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71 | 71 | | or vessel need not set forth the manner or means of death. 19 |
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72 | 72 | | |
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73 | 73 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 |
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74 | 74 | | October 1, 2025. 21 |
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75 | 75 | | |
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