S.B. 277

VETOES

(b)     Any person causing the death of another as the result of the person's negligent
driving, operation, or control of a motor vehicle or vessel while intoxicated or intoxicated
per se is guilty of a misdemeanor to be known as "homicide by motor vehicle or vessel
while intoxicated", and the person so convicted shall be punished by imprisonment for not
more than 5 years, or by fine of not more than [$3,000] $5,000 or both fine and
imprisonment.

(c)     A person who causes the death of another as the result of the person's
negligent driving, operation, or control of a motor vehicle or vessel while under the
influence of alcohol is guilty of a misdemeanor to be known as "homicide by motor vehicle
or vessel while under the influence", and on conviction shall be punished by
imprisonment for not more than [1 year] 3 YEARS or a fine of not more than [$1,000]
$5,000 or both.

(D)     (1) A PERSON WHO CAUSES THE DEATH OF ANOTHER AS THE RESULT
OF THE PERSON'S NEGLIGENT DRIVING, OPERATION, OR CONTROL OF A MOTOR
VEHICLE OR VESSEL WHILE UNDER THE INFLUENCE OF DRUGS IS GUILTY OF A
MISDEMEANOR TO BE KNOWN AS "HOMICIDE BY MOTOR VEHICLE OR VESSEL
WHILE UNDER THE INFLUENCE OF DRUGS", AND ON CONVICTION SHALL BE
PUNISHED BY IMPRISONMENT FOR NOT MORE THAN 3 YEARS OR A FINE OF NOT
MORE THAN $5,000 OR BOTH.

(2) IT IS NOT A DEFENSE TO ANY CHARGE OF VIOLATING THIS
SUBSECTION THAT THE PERSON CHARGED IS OR WAS ENTITLED UNDER THE LAWS
OF THIS STATE TO USE THE DRUG, COMBINATION OF DRUGS, OR COMBINATION OF
ONE OR MORE DRUGS AND ALCOHOL, UNLESS THE PERSON WAS UNAWARE THAT
THE DRUG OR COMBINATION WOULD MAKE THE PERSON INCAPABLE OF SAFELY
DRIVING, OPERATING, OR CONTROLLING A MOTOR VEHICLE OR VESSEL.

(E)     A PERSON WHO CAUSES THE DEATH OF ANOTHER AS THE RESULT OF THE
PERSON'S NEGLIGENT DRIVING, OPERATION, OR CONTROL OF A MOTOR VEHICLE
OR VESSEL WHILE UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS
SUBSTANCE IS GUILTY OF A MISDEMEANOR TO BE KNOWN AS "HOMICIDE BY
MOTOR VEHICLE OR VESSEL WHILE UNDER THE INFLUENCE OF A CONTROLLED
DANGEROUS SUBSTANCE", AND ON CONVICTION SHALL BE PUNISHED BY
IMPRISONMENT FOR NOT MORE THAN 3 YEARS OR A FINE OF NOT MORE THAN $5,000
OR BOTH

[(d)](F) (1) In any indictment, information, or other charging document under
this section, it is not necessary to set forth the manner and means of death.

(2) It shall be sufficient to use a formula substantially to the following
effect:

(i) "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."; [or]

(ii) "That A-B on the.........day of..............., nineteen hundred and

..............at the County (City) aforesaid, unlawfully, while under the influence of alcohol,

did kill C-D, against the peace, government, and dignity of the State.";

- 3970 -