PARRIS N. GLENDENING, Governor                             S.B. 618

(B)     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.

(C)     A CHARGE OF ASSAULT IN THE FIRST DEGREE ALSO CHARGES A
DEFENDANT WITH ASSAULT IN THE SECOND DEGREE

(D)    IN ORDER TO BE FOUND GUILTY OF RECKLESS ENDANGERMENT UNDER §
12A-2 OF THIS SUBHEADING, A DEFENDANT MUST BE SPECIFICALLY CHARGED WITH
RECKLESS ENDANGERMENT.

(E)     A CHARGING DOCUMENT CONTAINING A CHARGE OF RECKLESS
ENDANGERMENT UNDER § 12A-2 OF THIS SUBHEADING MAY:

(1)     INCLUDE A COUNT FOR EACH PERSON ENDANGERED BY THE
DEFENDANT'S CONDUCT; OR

(2)      CONTAIN A SINGLE COUNT BASED ON THE DEFENDANTS CONDUCT,
REGARDLESS OF THE NUMBER OF PERSONS ENDANGERED BY THE DEFENDANT'S
CONDUCT.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): Subsection (e)
is intended to be read in conjunction with § 12A-2(c) to clarify the unit of prosecution
issue. The State has the option to charge either based on the number of persons
endangered or on the occurrence. If only one charge is brought for an occurrence, a
defendant may only be convicted on one count, regardless of the number of persons that
were endangered.

12A-5. COMPROMISING ASSAULT CASES.

(A)     ON A PRETRIAL MOTION OF THE STATE'S ATTORNEY, A COURT MAY
DISMISS A CHARGE OF ASSAULT IF:

(1)     THE VICTIM AND THE ACCUSED AGREE TO THE DISMISSAL; AND

(2)     THE COURT CONSIDERS THE DISMISSAL PROPER.

(B)     THE ACCUSED SHALL PAY THE SAME COSTS AS WOULD HAVE BEEN
INCURRED IF THE ACCUSED HAD BEEN FOUND GUILTY.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): This section is
based on the former Article 10, § 37. The Committee intends that both first and second
degree assaults be covered by this section. It was felt that the requirement that all parties
must consent to any compromise adequately protects both the victim and the accused. In
addition, the Committee has introduced legislation that would provide for a District
Court assault provision, which also would be subject to the provisions of this section. In
light of this, the Committee recommended that this section refer simply to "assault", and
not to the specific degrees provided by this subheading.

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