Ch. 258

2004 LAWS OF MARYLAND

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 5-106 and 5-107
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

5-106.

(a)     Except as provided by this section, a prosecution for a misdemeanor shall
be instituted within 1 year after the offense was committed.

(b)     Notwithstanding § 9-103(a)(3) of the Correctional Services Article or any
other provision of the Code, if a statute provides that a misdemeanor is punishable by
imprisonment in the penitentiary or that a person is subject to this subsection:

(1)     The State may institute a prosecution for the misdemeanor at any
time; and

(2)     For purposes of the Maryland Constitution, the person:

(i) Shall be deemed to have committed a misdemeanor whose
punishment is confinement in the penitentiary; and

(ii) May reserve a point or question for in banc review as provided
under Article IV, § 22 of the Maryland Constitution.

(c)     A prosecution under the vehicle code shall be instituted within 2 years
after the offense was committed if the charge is:

(1)     Unlawfully using a driver's license; or

(2)     Fraudulently using a false or fictitious name when applying for a
driver's license.

(d)     A prosecution for Sabbath breaking or drunkenness shall be instituted
within 30 days after the offense was committed.

(e)     In Allegany County, a prosecution for selling alcoholic beverages to a
person under the legal age for drinking such alcoholic beverages or for selling
alcoholic beverages after hours shall be instituted within 30 days after the offense
was committed.

(f)      A prosecution for the commission of or the attempt to commit a
misdemeanor constituting: (1) except as provided in subsection (h) of this section, a
criminal offense under the State election laws; or (2) a criminal offense under the
Maryland Public Ethics Law; or (3) criminal malfeasance, misfeasance, or
nonfeasance in office committed by an officer of the State, or of an agency of the State,

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