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PARRIS N. GLENDENING, Governor
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Ch. 26
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standard language used to state a prohibition.
In subsections (c)(1), (d)(1), (e)(1), and (f)(2) of this section, the references
to a crime occurring while "[the] person" is under the influence of alcohol,
under the influence of alcohol per se, impaired by alcohol, impaired by
drugs, or a controlled dangerous substance are added for clarity.
In subsection (e) of this section, the Criminal Law Article Review
Committee notes, for the consideration of the General Assembly, that the
former law did not define the term "drug". However, at the time of the
adoption of former Art. 27, § 388B in 1996, the Senate Judicial Proceedings
Committee and the House Judiciary Committee were provided with
written testimony from the Maryland Judicial Conference urging the
Committees to "give consideration to clarification of ... 'drug' ... as [this
term is] used in these measures". Bill File, SB277/HB32 of 1996, letter
from George B. Riggin, Jr., Executive Secretary, Maryland Judicial
Conference, to Chairman Walter M. Baker and Chairman Joseph F.
Vallario, Jr., February 1, 1996. The General Assembly may wish to clarify
the use of the term "drug" in subsection (e) of this section.
Subsection (f)(1) of this section is revised as a scope provision relating to
the crime of "life-threatening injury by motor vehicle or vessel while
impaired by a controlled dangerous substance" and is substituted for the
former limitation "if the person is not entitled to use the controlled
dangerous substance under the laws of this State", which modified the
former defined term "[i]mpaired by a controlled dangerous substance", for
clarity.
Defined terms: "Controlled dangerous substance" § 5-101
"Person" § 1-101
3-212. SAME — CHARGING DOCUMENTS.
(A) CONTENTS.
AN INDICTMENT, INFORMATION, OR OTHER CHARGING DOCUMENT FOR A
CRIME DESCRIBED IN § 3-211 OF THIS SUBTITLE IS SUFFICIENT IF IT SUBSTANTIALLY
STATES:
(1) "(NAME OF DEFENDANT) ON (DATE) IN (COUNTY), CAUSED A
LIFE-THREATENING INJURY TO (NAME OF VICTIM) WHILE UNDER THE INFLUENCE
OF ALCOHOL, IN VIOLATION OF § 3-211(C) OF THE CRIMINAL LAW ARTICLE AGAINST
THE PEACE, GOVERNMENT, AND DIGNITY OF THE STATE.";
(2) "(NAME OF DEFENDANT) ON (DATE) IN (COUNTY), CAUSED A
LIFE-THREATENING INJURY TO (NAME OF VICTIM) WHILE IMPAIRED BY ALCOHOL, IN
VIOLATION OF § 3-211(D) OF THE CRIMINAL LAW ARTICLE AGAINST THE PEACE,
GOVERNMENT, AND DIGNITY OF THE STATE.";
(3) "(NAME OF DEFENDANT) ON (DATE) IN (COUNTY), CAUSED A
LIFE-THREATENING INJURY TO (NAME OF VICTIM) WHILE IMPAIRED BY DRUGS, IN
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- 251 -
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