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Ch. 26
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2002 LAWS OF MARYLAND
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A SENTENCE IMPOSED UNDER THIS SECTION MAY NOT BE SUSPENDED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 12A-6(b), (c), and (d), and, as it related to the
employees for which an inmate who causes prison employee contact with a
bodily fluid may be charged, (a).
In subsection (a) of this section, the defined terms "State correctional
facility" and "local correctional facility" are substituted for the former
references to "the Division of Correction, the Patuxent Institution, [and]
the Baltimore City Detention Center" and "any county jail, [or] detention
center", respectively, for clarity and consistency throughout this article.
In subsection (c) of this section, the reference to a sentence that "the
inmate was serving" is substituted for the former reference to a sentence
that "was being served" for consistency with the Correctional Services
Article.
Also in subsection (c) of this section, the reference to the "crime" is
substituted for the former reference to the "offense" for consistency within
this article. See General Revisor's Note to article.
Defined terms: "Inmate" § 1-101
"Local correctional facility" § 1-101
"State correctional facility" § 1-101
3-206. CHARGING DOCUMENTS — ASSAULT AND RECKLESS ENDANGERMENT.
(A) CONTENTS — IN GENERAL.
AN INDICTMENT, INFORMATION, OTHER CHARGING DOCUMENT, OR WARRANT
FOR A CRIME DESCRIBED IN § 3-202, § 3-203, § 3-204, OR § 3-205 OF THIS SUBTITLE IS
SUFFICIENT IF IT SUBSTANTIALLY STATES: "(NAME OF DEFENDANT) ON (DATE) IN
(COUNTY) ASSAULTED (NAME OF VICTIM) IN THE........DEGREE OR (DESCRIBE OTHER
VIOLATION) IN VIOLATION OF (SECTION VIOLATED) AGAINST THE PEACE,
GOVERNMENT, AND DIGNITY OF THE STATE.".
(B) BILL OF PARTICULARS.
IF THE GENERAL FORM OF INDICTMENT OR INFORMATION DESCRIBED IN
SUBSECTION (A) OF THIS SECTION IS USED TO CHARGE A CRIME DESCRIBED IN §
3-202, § 3-203, § 3-204, OR § 3-205 OF THIS SUBTITLE IN A CASE IN THE CIRCUIT COURT,
THE DEFENDANT, ON TIMELY DEMAND, IS ENTITLED TO A BILL OF PARTICULARS.
(C) ASSAULT IN THE FIRST DEGREE — LESSER INCLUDED CRIME.
A CHARGE OF ASSAULT IN THE FIRST DEGREE ALSO CHARGES A DEFENDANT
WITH ASSAULT IN THE SECOND DEGREE.
(D) RECKLESS ENDANGERMENT.
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