From WABA<\/p>\n
Here is an explanation of the Senate Committee\u2019s amendment to House Bill 363.<\/p>\n
H.B. 363 is based on the Model Penal Code, a suggested criminal code developed by the American Law Institute. Senator Brian Frosh (D\u2013Montgomery) has consistently maintained that he is concerned that the proposed version of House Bill 363 might unintentionlly subject relatively ordinary behavior to criminal penalties. WABA\u2019s testimony before his committee showed<\/span><\/a> that the states that have enacted some variation of the Model Penal Code have only upheld convictions for egregious conduct resulting in death, not ordinary negligence. (Our testimony before the House<\/span><\/a> focussed on the inadequacies of the existing law in Maryland.)<\/p>\n Mr. Frosh noticed that H.B. 363 used different adjectives than the Model Penal Code. The original version of House Bill 363 included the following language<\/p>\n SECTION 1\u2026. \u00a7 210 (c). For purposes of this section, a person acts in a criminally negligent manner\u2026 when\u2026 (2) [t]he failure to perceive constitutes a substantial deviation from the standard of care that would be excercised by a reasonable person.<\/p>\n SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General Assembly that the term \u201csubstantial deviation from the standard of care\u201d in \u00a7 2\u2013210(c)(2) of the Criminal Law Article, as enacted by After some negotiation, the Senate Committee changed one word:<\/p>\n SECTION 1\u2026. \u00a7 210 (c). For purposes of this section, a person acts in a criminally negligent manner\u2026when\u2026 (2) [t]he failure to perceive constitutes a substantial<\/span> gross deviation from the standard of care that would Because Section 2 of the bill already defined \u201csubstantial deviation\u201d as \u201cgross deviation\u201d this amendment does not seem to change the bill\u2019s meaning. If the Senate passes the amended H.B. 363, then sponsors in the House should be able to explain that the Senate\u2019s amendment is purely technical.<\/p>\n Maryland Residents: Please CLICK HERE<\/strong><\/a> to email your state senator expressing your support for House Bill 363, as amended. [Don’t forget your full name and address. You have till midnight on Monday.]<\/b><\/em><\/p>\n\n
\nSection 1 of this Act, be interpreted synonymously with the term \u201cgross deviation from the standard of care\u201d under \u00a7 2.02(2)(d) of the Model Penal Code of the American Law Institute.<\/p>\n<\/blockquote>\n\n
\nbe excercised by a reasonable person.<\/p>\n<\/blockquote>\n