HB 855
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 855 (Delegate Hartman)
Judiciary Judicial Proceedings
Criminal Law - Life-Threatening Injury Involving a Motor Vehicle or Vessel -
Criminal Negligence (Wade's Law)
This bill establishes the offense of life-threatening injury by motor vehicle or vessel –
criminal negligence. A person is prohibited from causing a life-threatening injury to
another as a result of driving, operating, or controlling a motor vehicle or vessel in a
criminally negligent manner. A violator is guilty of a misdemeanor and on conviction is
subject to maximum penalties of imprisonment for one year and/or a fine of $5,000.
Fiscal Summary
State Effect: Minimal increase in general fund revenues and expenditures due to the bill’s
penalty provision. Otherwise, enforcement can be handled with existing resources.
Local Effect: Minimal increase in revenues and expenditures due to the bill’s
penalty provision. Otherwise, enforcement can be handled with existing resources.
Small Business Effect: None.
Analysis
Bill Summary: For purposes of this offense, a person acts in a criminally negligent manner
with respect to a result or a circumstance when (1) the person should be aware, but fails to
perceive, that the person’s conduct creates a substantial and unjustifiable risk that such a
result will occur and (2) the failure to perceive constitutes a gross deviation from the
standard of care that would be exercised by a reasonable person. The bill does not apply to
simple negligence.
With the exception of a seaplane, a “vessel” is any watercraft that is used or is capable of
being used as a means of transportation on water or ice.
Current Law:
Definitions
“Life-threatening injury” is not defined in statute. “Vessel,” as it applies to homicide and
life-threatening injury by vehicle or vessel offenses, means any watercraft that is used or
is capable of being used as a means of transportation on water or ice but does not include
a seaplane. The Criminal Law Article does not contain a universal definition of “motor
vehicle.” However, § 3-204 (reckless endangerment) and § 3-405 (carjacking) of the
Criminal Law Article incorporate the definition of motor vehicle under § 11-135 of the
Transportation Article (Maryland Vehicle Law). “Motor vehicle,” as it applies to the
Maryland Vehicle Law, is a vehicle that is self-propelled or propelled by electric power
obtained from overhead electrical wires and is not operated on rails.
Vehicle or Vessel Offenses Involving Criminal or Gross Negligence
Manslaughter by Vehicle or Vessel – Gross Negligence: A person is prohibited from
committing manslaughter by vehicle or vessel by causing the death of another as a result
of driving, operating, or controlling a vehicle or vessel in a grossly negligent manner. The
standard of “gross negligence” is established in common law and requires that evidence
show, beyond a reasonable doubt, that the offender had a wanton or reckless disregard for
human life in the operation of an automobile. The conduct must be extraordinary or
outrageous to meet this standard.
Manslaughter by Vehicle or Vessel – Criminal Negligence: Chapter 334 of 2011 created
the misdemeanor offense of criminally negligent manslaughter by vehicle or vessel. A
person is prohibited from causing the death of another due to driving, operating, or
controlling a vehicle or vessel in “a criminally negligent manner.” A person acts in a
criminally negligent manner when the person should be aware, but fails to perceive, that
the person’s conduct creates a substantial and unjustifiable risk that manslaughter will
occur and the failure to perceive is a gross deviation from the standard of care that is
exercised by a reasonable person.
Chapter 334 contained uncodified language that expressed the intent of the
General Assembly that the term “gross deviation from the standard of care”
(1) be interpreted synonymously with the term “gross deviation from the standard of care”
as contained in the Model Penal Code of the American Law Institute and (2) is a separate
and distinct standard from the gross negligence standard that is used for the crime of
manslaughter by vehicle or vessel. Chapter 334 also established that a person who causes
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the death of another as a result of driving, operating, or controlling a vehicle in a negligent
manner has not committed the offense of criminally negligent manslaughter by vehicle or
vessel. In an opinion dated December 21, 2011, the Attorney General concluded that (1) the
“criminal negligence” standard applicable to criminally negligent manslaughter by vehicle
or vessel sets forth a lower degree of culpability than the gross negligence standard
applicable to manslaughter by vehicle or vessel and (2) “the distinction between the
two crimes lies in the defendant’s consciousness of the risk associated with his or her
conduct” (96 Opinions of the Attorney General 128 (2011)).
Exhibit 1 displays penalties for first and subsequent offenses of manslaughter, homicide,
and life-threatening injury by vehicle or vessel offenses. Offenses related to
life-threatening injury by motor vehicle or vessel involve drunk or drugged driving.
Administrative Penalties
In addition to the maximum penalties noted in Exhibit 1, all of the listed offenses are
subject to points assessment by the Motor Vehicle Administration (MVA), which makes
the driver subject to either suspension or revocation of the driver’s license.
For all convictions of manslaughter by vehicle or vessel, homicide by motor vehicle or
vessel, and life-threatening injury by motor vehicle or vessel offenses, MVA must assess
12 points against the driver’s license, and the license is subject to revocation. A driver who
accumulates 8 or 12 points against his or her driver’s license within a two-year period is
subject to license suspension or revocation, respectively.
Recklessness and Negligence
A person is guilty of reckless driving if a motor vehicle is driven in wanton or willful
disregard for the safety of persons or property or in a manner that indicates a wanton or
willful disregard for the safety of persons or property. A violation is a misdemeanor,
subject to a maximum fine of $1,000. MVA is also required to assess six points against the
driver’s license upon conviction for this offense. The District Court prepayment penalty,
including court costs, is $510 for this offense.
A person is guilty of negligent driving if the motor vehicle is driven in a careless or
imprudent manner that endangers any property or the life or safety of any individual. This
violation is a misdemeanor, subject to a maximum fine of $500. Upon conviction, MVA
must assess one point against the driver’s license, or three points if the offense contributes
to an accident. The District Court assesses a prepayment penalty of $240 for this offense
or $280 if the offense contributes to an accident.
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 Exhibit 1
Maximum Penalties for First Offenders and Maximum Penalties for Repeat Offenders
Maximum Penalties if Previously
Maximum Penalties Convicted of Any Specified Offense
Offense Imprisonment Fine Imprisonment Fine
Manslaughter by vehicle or vessel – gross negligence Felony 10 years $5,000 Felony 15 years $10,000
Manslaughter by vehicle or vessel – criminal negligence Misdemeanor 3 years 5,000 Felony 5 years 10,000
Homicide by motor vehicle or vessel while under the Felony 5 years 5,000 Felony 10 years 10,000
influence of alcohol or under the influence of alcohol per se
Homicide by motor vehicle or vessel while impaired by Felony 3 years 5,000 Felony 5 years 10,000
alcohol
Homicide by motor vehicle or vessel while impaired by drugs Felony 5 years 5,000 Felony 10 years 10,000
Homicide by motor vehicle or vessel while impaired by a Felony 5 years 5,000 Felony 10 years 10,000
CDS
Causing life-threatening injury by motor vehicle or vessel Misdemeanor 3 years 5,000 Misdemeanor 5 years 10,000
while under the influence of alcohol or under the influence
of alcohol per se or while impaired by a CDS
Causing life-threatening injury by motor vehicle or vessel Misdemeanor 2 years 3,000 Misdemeanor 5 years 10,000
while impaired by alcohol or drugs
CDS: controlled dangerous substance
Notes: Chapters 517 and 518 of 2016 established subsequent offender offenses and more stringent penalties for these offenses. Chapters 167 and 168 of 2017 increased
the maximum incarceration penalties for homicide by motor vehicle or vessel while impaired by a CDS. Chapter 20 of 2019 increased maximum incarceration penalties for
homicide by motor vehicle or vessel while impaired by drugs. Maximum penalties may be the imprisonment term noted, the fine noted, or both. Maximum penalties for
repeat offenders apply if previously convicted of the same offense, any other offense listed in this exhibit, or driving while under the influence of alcohol, while under the
influence of alcohol per se, while impaired by alcohol, while impaired by drugs or drugs and alcohol, or while impaired by a CDS.
Source: Department of Legislative Services
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State Revenues: General fund revenues increase minimally as a result of the bill’s
monetary penalty provision from cases heard in the District Court.
State Expenditures: General fund expenditures increase minimally as a result of the bill’s
incarceration penalty due to more people being committed to State correctional facilities
for convictions in Baltimore City. The number of people convicted of this proposed crime
is expected to be minimal.
Generally, persons serving a sentence of one year or less in a jurisdiction other than
Baltimore City are sentenced to a local detention facility. The Baltimore Pretrial Complex,
a State-operated facility, is used primarily for pretrial detentions.
Local Revenues: Revenues increase minimally as a result of the bill’s monetary penalty
provision from cases heard in the circuit courts.
Local Expenditures: Expenditures increase minimally as a result of the bill’s
incarceration penalty. Counties pay the full cost of incarceration for people in their
facilities for the first 12 months of the sentence. Per diem operating costs of local detention
facilities have ranged from approximately $40 to $170 per inmate in recent years.
Additional Information
Prior Introductions: SB 29 of 2020, a similar bill as introduced, passed the Senate with
amendments and was referred to the House Judiciary Committee, but no further action was
taken. Its cross file, HB 352, received a hearing in the House Judiciary Committee, but no
further action was taken. SB 248 of 2019, a similar bill, passed the Senate with amendments
and was referred to the House Rules and Executive Nominations Committee, but no further
action was taken. Its cross file, HB 368, received an unfavorable report from the
House Judiciary Committee. In addition, similar bills were introduced in the 2017 and 2018
sessions.
Designated Cross File: SB 17 (Senators Carozza and West) - Judicial Proceedings.
Information Source(s): Maryland State Commission on Criminal Sentencing Policy;
Judiciary (Administrative Office of the Courts); Department of Public Safety and
Correctional Services; Department of State Police; Maryland Department of
Transportation; Department of Legislative Services
HB 855/ Page 5
Fiscal Note History: First Reader - February 19, 2021
rh/aad Third Reader - March 23, 2021
Revised - Amendment(s) - March 23, 2021
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 855/ Page 6


Statutes affected:
Text - First - Criminal Law - Life-Threatening Injury Involving a Motor Vehicle or Vessel - Criminal Negligence (Wade's Law): 3-212.1 Criminal Law
Text - Third - Criminal Law - Life-Threatening Injury Involving a Motor Vehicle or Vessel - Criminal Negligence (Wade's Law): 3-212.1 Criminal Law