Criminal Law - Motor Vehicle - Criminal Negligence (Sergeant Patrick Keep Act)
Summary
SB 710 creates two new criminal offenses in Maryland for operating a motor vehicle or vessel in a “criminally negligent manner.” One section applies to both motor vehicles and vessels, and a second section applies specifically to motor vehicles. In both cases, the bill defines criminal negligence as failing to perceive a substantial and unjustifiable risk when a reasonable person would have recognized it, and that failure must be a gross deviation from reasonable care. The bill also makes clear that ordinary negligence, as defined elsewhere in the Transportation Article, is not enough to trigger these new offenses.
The bill further provides enhanced penalties when criminally negligent driving or vessel operation causes a life-threatening injury to another person. For the general motor vehicle/vessel offense, a violation is a misdemeanor punishable by up to 6 months in jail and/or a $5,000 fine; if a life-threatening injury results, the penalty increases to up to 1 year in jail and/or a $5,000 fine. The motor-vehicle-only offense carries the same 6-month maximum jail term and $5,000 fine. The act is named the Sergeant Patrick Keep Act and takes effect October 1, 2025.
Impact
SB 710 adds new provisions to the Criminal Law Article, creating separate misdemeanor offenses for criminally negligent operation of a motor vehicle and of a motor vehicle or vessel, while expressly preserving existing negligent-driving standards under the Transportation Article. It expands potential criminal liability for dangerous conduct on roads and waterways, and it establishes a higher penalty tier when such conduct causes life-threatening injury. The bill affects drivers, vessel operators, prosecutors, and courts by providing a new criminal standard distinct from ordinary negligence.
Sentiment
The available legislative history suggests strong support for the bill. It received a favorable committee report with amendments, was adopted by the Senate, and passed third reading unanimously with 44 yeas and 0 nays. No committee transcript excerpts were provided, but the voting record indicates broad bipartisan agreement and little visible opposition in the recorded proceedings.
Contention
The main legal distinction in the bill is between criminal negligence and ordinary negligence. The bill explicitly excludes conduct that is merely negligent under the Transportation Article, which suggests the threshold for prosecution was an important drafting issue. Another point of potential concern is the scope of the new offenses, especially the inclusion of vessels and the separate motor-vehicle-only provision, but no recorded opposition or debate is available in the provided materials. The unanimous vote indicates that any contention was likely limited or resolved through amendments.