WILLIAM DONALD SCHAEFER, Governor

Article 27 - Crimes and Punishments

Section 388 and 388A

Annotated Code of Maryland

(1987 Replacement Volume and 1988 Supplement)

BY repealing and reenacting, without amendments,

Article - Courts and Judicial Proceedings

Section 5-106(a)

Annotated Code of Maryland

(1984 Replacement Volume and 1988 Supplement)

BY adding to

Article - Courts and Judicial Proceedings

Section 5-106(m)

Annotated Code of Maryland

(1984 Replacement Volume and 1988 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

388.

Every person causing the death of another as the result of
the driving, operation or control of an automobile, motor
vehicle, motorboat, locomotive, engine, car, streetcar, train or
other vehicle in a grossly negligent manner, shall be guilty of a
misdemeanor to be known as "manslaughter by automobile, motor
vehicle, motorboat, locomotive, engine, car, streetcar, train or
other vehicle," and the person so convicted shall be sentenced to
[jail or the house of correction] THE STATE PENITENTIARY for
not more than [5] 10 years, or be fined not more than [$1,000.00]
$5,000 or be both fined and imprisoned.

In any indictment or [warrant] OTHER CHARGING DOCUMENT for
manslaughter by automobile, motor vehicle, motorboat, locomotive,
engine, car, streetcar, train or other vehicle, it shall not be
necessary to set forth the manner and means of death. 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, in a grossly
negligent manner did kill and slay C-D."

388A.

(a) In this section "intoxicated" has the same meaning as
indicated in and is subject to the same presumptions and

- 4735 -