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PARRIS N. GLENDENING, Governor
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Ch. 26
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(1) TO BE FOUND GUILTY OF RECKLESS ENDANGERMENT UNDER § 3-204
OF THIS SUBTITLE, A DEFENDANT MUST BE CHARGED SPECIFICALLY WITH
RECKLESS ENDANGERMENT.
(2) IF MORE THAN ONE INDIVIDUAL IS ENDANGERED BY THE CONDUCT
OF THE DEFENDANT, A SEPARATE CHARGE MAY BE BROUGHT FOR EACH INDIVIDUAL
ENDANGERED.
(3) A CHARGING DOCUMENT CONTAINING A CHARGE OF RECKLESS
ENDANGERMENT UNDER § 3-204 OF THIS SUBTITLE MAY:
(I) INCLUDE A COUNT FOR EACH INDIVIDUAL ENDANGERED BY
THE CONDUCT OF THE DEFENDANT; OR
(II) CONTAIN A SINGLE COUNT BASED ON THE CONDUCT OF THE
DEFENDANT, REGARDLESS OF THE NUMBER OF INDIVIDUALS ENDANGERED BY THE
CONDUCT OF THE DEFENDANT.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 12A-2(c) and 12A-4.
In subsections (a) and (b) of this section, the word "crime" is substituted for
the former word "offense". See General Revisor's Note to article.
In subsection (a) of this section, the reference to "a crime described in §
3-202, § 3-203, § 3-204, or § 3-205 of this subtitle" is substituted for the
former reference to "assault or any other offense under this subheading"
since the only crimes included under the former "Assault" subheading were
assault in the first degree, assault in the second degree, reckless
endangerment, and prison employee contact with a bodily fluid, which
have been revised in 3-202, 3-203, 3-204, and 3-205, respectively.
Correspondingly, in subsection (b) of this section, the reference to a crime
"described in § 3-202, § 3-203, § 3-204, or § 3-205 of this subtitle" is
substituted for the former reference to a crime "under this subheading".
Also in subsection (a) of this section, the former archaic phrase "contrary to
the form of the Act of the Assembly in such case made and provided" is
deleted as surplusage.
In subsection (d)(2) and (3) of this section, the references to an "individual"
are substituted for the former references to a "person" because only an
individual, and not the other kinds of entities included in the definition of
"person", may be subject to reckless endangerment under § 3-204 of this
subtitle.
For specific time limits relating to a bill of particulars, see Md. Rule 4-241.
Defined terms: "Assault" § 3-201
"County" § 1-101
3-207. DISMISSAL OF ASSAULT CHARGE.
(A) DISMISSAL.
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- 245 -
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