PARRIS N. GLENDENING, Governor

Ch. 373

influence of alcohol is guilty of a [misdemeanor] FELONY 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 3 years or a fine of not more than $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] FELONY 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] FELONY 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.

(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.";

(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.";

(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.".

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