S.B. 738                                                  VETOES

(b) IN ANY INDICTMENT, INFORMATION, WARRANT, OR OTHER CHARGING
DOCUMENT FOR MOTOR VEHICLE THEFT TAKING A MOTOR VEHICLE IT IS
SUFFICIENT TO USE A FORMULA SUBSTANTIALLY TO THE FOLLOWING EFFECT:

"THAT A-B ON THE .... DAY OF......................., ...., IN THE COUNTY (CITY) AFORESAID,

DID STEAL (HERE SPECIFY INTENT: 1. WITH THE INTENT TO PERMANENTLY DEPRIVE
OR 2. FOR A B'S PRESENT USE AND NOT WITH THE INTENT OF APPROPRIATING OR
CONVERTING THE MOTOR VEHICLE) THE MOTOR VEHICLE OF C D KNOWINGLY. AND
WILLFULLY TAKE OUT OF C-D'S LAWFUL CUSTODY, CONTROL, OR USE A MOTOR
VEHICLE, WITHOUT THE CONSENT OF C-D, IN VIOLATION OF ARTICLE 27, SECTION
(HERE STATE SECTION VIOLATED) § 342A OF THE ANNOTATED CODE OF MARYLAND;
CONTRARY TO THE FORM OF THE ACT OF ASSEMBLY IN SUCH CASE MADE AND
PROVIDED AND AGAINST THE PEACE, GOVERNMENT, AND DIGNITY OF THE STATE."

(C)     The obtaining of property or services by a bad check as defined in §§ 140 to
144 shall not be prosecuted as theft as defined in this subheading unless the defendant
commits deception as provided in [§ 342] § 342 OR § 342A OF THIS SUBHEADING in
addition to any false representation or false representations that there are sufficient
funds in the drawee bank to cover the check. In any prosecution for theft, the
presumptions defined in § 142 shall apply to the same extent as if the prosecution were
under [§ 342] § 342 OR § 342A OF THIS SUBHEADING.

(D)     IN ANY CASE IN THE CIRCUIT COURT IN WHICH THIS GENERAL FORM OF
INDICTMENT OR INFORMATION IS USED TO CHARGE AN OFFENSE UNDER THIS
SUBHEADING, THE DEFENDANT ON TIMELY DEMAND IS ENTITLED TO A BILL OF
PARTICULARS.                                                                                                     

349.

Any person or persons, his or their aiders or abettors who shall enter, or being upon
the premises of any other person, body corporate or politic in the State, shall, against the
will and consent of said person or persons, body corporate or politic or their agents,
wilfully take and carry away any horse, mare, colt, gelding, mule, ass, sheep, hog, ox or
cow, or any carriage, wagon, buggy, cart, boat, craft, vessel, or any other vehicle NOT
including motor vehicle as defined in the laws of this State relating to such, or property
whatsoever, or take and carry away out of the custody or use of any person or persons,
body corporate or politic, or his or their agents, any of the above-enumerated property at
whatsoever place the same may be found, shall upon conviction thereof in any of the
courts of this State having criminal jurisdiction be adjudged guilty of a misdemeanor, and
shall restore the property so taken and carried away, or, if unable so to do, shall pay to
the owner or owners the full value thereof, and be fined not less than fifty nor more than
one hundred dollars, or be imprisoned in the county or city jail, or the house of
correction, for not less than six months nor more than four years, or be both fined and
imprisoned as aforesaid, in the discretion of the court, although it may appear from the
evidence that such person or persons, his or their aiders and abettors, took and carried
away the property or any portion of the same enumerated in this section, for his or their
present use, and not with the intent of appropriating or converting the same.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

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