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HARRY HUGHES, Governor 2317
Sincerely,
Harry Hughes
Governor
Senate Bill No. 104
AN ACT concerning
Homicide by Motor Vehicle While Intoxicated - Penalty
FOR the purpose of increasing the penalty for homicide by motor
vehicle while intoxicated.
BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 388A
Annotated Code of Maryland
(1982 Replacement Volume and 1982 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
388A.
(a) In this section "intoxicated" has the same meaning as
indicated in and is subject to the same presumptions and
evidentiary rules of § 10-307 of the Courts Article regarding
intoxication under the vehicle laws of this State.
(b) Any person causing the death of another as the result
of his negligent driving, operation or control of a motor vehicle
while intoxicated is guilty of a misdemeanor to be known as
"homicide by motor vehicle while intoxicated," and the person so
convicted shall be punished by imprisonment for not more than
[two] 3 years, or by fine of not more than $1,000 or both fine
and imprisonment.
In any indictment, information, or warrant for homicide by
motor vehicle while intoxicated, it is not necessary to set forth
the manner and means of death.
(c) It shall be sufficient to use a formula substantially
to the following effect: "That A-B on the........day of .
.......nineteen hundred and......at the County
(City) aforesaid, unlawfully, while intoxicated did kill C-D,
against the peace, government, and dignity of the State.
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