Ch. 373

1997 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

388.

Every person causing the death of another as the result of the driving, operation or
control of an automobile, motor vehicle, locomotive, engine, car, streetcar, train, vessel,
or other vehicle in a grossly negligent manner, shall be guilty of a [ misdemeanor]
FELONY to be known as "manslaughter by automobile, motor vehicle, locomotive, engine,
car, streetcar, train, vessel, or other vehicle," and the person so convicted shall be
sentenced to jail or the house of correction for not more than 10 years, or be fined not
more than $5,000 or be both fined and imprisoned.

In any indictment or other charging document for manslaughter by automobile,
motor vehicle, locomotive, engine, car, streetcar, train, vessel, or other vehicle, it shall not
be necessary to set forth the manner and means of death. 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, in a grossly negligent manner
did kill and slay C-D."

388A.

(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) 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] FELONY 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 $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

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