PARRIS N. GLENDENING, Governor

S.B. 277

(III) "THAT A-B ON THE...... DAY OF..........., NINETEEN HUNDRED

AND..........AT THE COUNTY (CITY) AFORESAID, UNLAWFULLY, WHILE UNDER THE

INFLUENCE OF DRUGS, DID KILL C-D, AGAINST THE PEACE, GOVERNMENT, AND
DIGNITY OF THE STATE"; OR

(IV) "THAT A-B ON THE.........DAY OF..............., NINETEEN HUNDRED

AND..............AT THE COUNTY (CITY) AFORESAID, UNLAWFULLY, WHILE UNDER THE

INFLUENCE OF A CONTROLLED DANGEROUS SUBSTANCE, DID KILL C-D, AGAINST
THE PEACE, GOVERNMENT, AND DIGNITY OF THE STATE.".

388B.

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)     "INTOXICATED PER SE" MEANS AN ALCOHOL CONCENTRATION AT
THE TIME OF TESTING OF 0.10 OR MORE AS MEASURED BY GRAMS OF ALCOHOL PER
100 MILLILITERS OF BLOOD OR GRAMS OF ALCOHOL PER 210 LITERS OF BREATH.

(3)     "UNDER THE INFLUENCE OF ALCOHOL" HAS THE MEANING
INDICATED IN AND IS SUBJECT TO THE SAME PRESUMPTIONS AND EVIDENTIARY
RULES OF § 10-307 OF THE COURTS ARTICLE REGARDING DRIVING WHILE UNDER
THE INFLUENCE OF ALCOHOL UNDER § 21-902(B) OF THE TRANSPORTATION
ARTICLE.

(4)     "UNDER THE INFLUENCE OF DRUGS" MEANS SO FAR UNDER THE
INFLUENCE OF A DRUG, A COMBINATION OF DRUGS, OR A COMBINATION OF ONE
OR MORE DRUGS AND ALCOHOL THAT A PERSON CANNOT DRIVE, OPERATE, OR
CONTROL A MOTOR VEHICLE OR VESSEL SAFELY.

(5)     "UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS
SUBSTANCE" MEANS UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS
SUBSTANCE, AS THAT TERM IS DEFINED IN § 279 OF THIS ARTICLE, IF THE PERSON IS
NOT ENTITLED TO USE THE CONTROLLED DANGEROUS SUBSTANCE UNDER THE
LAWS OF THIS STATE

(B)     A PERSON WHO CAUSES A LIFE THREATENING INJURY TO ANOTHER AS A
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 "LIFE THREATENING INJURY BY
MOTOR VEHICLE OR VESSEL WHILE INTOXICATED OR INTOXICATED PER SE", AND
ON CONVICTION THE PERSON SHALL BE PUNISHED BY IMPRISONMENT FOR NOT
MORE THAN 3 YEARS OR A FINE OF NOT MORE THAN $5,000 OR BOTH.

(C)     A PERSON WHO CAUSES A LIFE THREATENING INJURY TO ANOTHER AS A
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 "LIFE THREATENING INJURY BY MOTOR
VEHICLE OR VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL", AND ON
CONVICTION THE PERSON SHALL BE PUNISHED BY IMPRISONMENT FOR NOT MORE
THAN 2 YEARS OR A FINE OF NOT MORE THAN $3,000 OR BOTH.

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