VETOES

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 the person's 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 [3] 5 years, or by fine of not more than [$1,000]
$3,000 or both fine and imprisonment.

In any indictment, information, or [warrant] OTHER CHARGING
DOCUMENT 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."

Article - Courts and Judicial Proceedings

5-106.

(a) 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.

(M) A PROSECUTION FOR AN OFFENSE UNDER ARTICLE 27, § 388 OR
§ 388A OF THE CODE SHALL BE INSTITUTED WITHIN 3 YEARS AFTER THE
OFFENSE WAS COMMITTED.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

May 25, 1989

The Honorable Thomas V. Mike Miller, Jr.

President of the Senate

State House

Annapolis, Maryland 21401

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 524.

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