MARVIN MANDEL, Governor                                       209

See Rule 220 and §6-401 of this article
relating to survival of actions.

SEC. 5-106. PROSECUTION FOR MISDEMEANOR.

(A)   ONE YEAR.

EXCEPT AS PROVIDED BY THIS SECTION, A PROSECUTION
FOR A MISDEMEANOR NOT MADE PUNISHABLE BY CONFINEMENT
IN THE PENITENTIARY BY STATUTE SHALL BE INSTITUTED
WITHIN ONE YEAR AFTER THE OFFENSE WAS COMMITTED.

(B)   TWO YEARS.

A PROSECUTION UNDER THE VEHICLE CODE SHALL BE
INSTITUTED WITHIN TWO 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.

(C)   THIRTY DAYS.

A PROSECUTION FOR SABBATH BREAKING OR DRUNKENNESS
SHALL BE INSTITUTED WITHIN 30 DAYS AFTER THE OFFENSE
WAS COMMITTED.

REVISOR'S NOTE: Subsections    (a) and (b) are new
language derived from Art. 57, §11. This

section applies to        all misdemeanors,

including common-law        misdemeanors but

excluding misdemeanors      made punishable by

imprisonment in the        penitentiary by
statute.

Although convicted defendants are sentenced
to the custody of the Department of
Correction rather than to "confinement in
the penitentiary", a distinction remains
between crimes "punishable by confinement
in the penitentiary", and other crimes.
The former are "misdemeanors placed along
with felonies". Art. 27, §690 ( Ch. 123,
§1, Acts of 1962) now repealed, provided
that the change in sentencing procedures is
not to be "construed to add to, alter, or
change the class of crimes as they existed
before July 1, 1943 ... or to make any