§ 5-106. Prosecution for misdemeanors; manslaughter by automobile, motorboat, etc.; homicide by motor vehicle (Amendment effective January 1, 2015.)

   (a) In general. -- Except as provided by this section and § 1-303 of the Environment Article, a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed.

(b) Misdemeanor punishable by imprisonment in penitentiary. -- Notwithstanding § 9-103(a)(3) of the Correctional Services Article or any other provision of the Code, if a statute provides that a misdemeanor is punishable by imprisonment in the penitentiary or that a person is subject to this subsection:

   (1) The State may institute a prosecution for the misdemeanor at any time; and

   (2) For purposes of the Maryland Constitution, the person:

      (i) Shall be deemed to have committed a misdemeanor whose punishment is confinement in the penitentiary; and

      (ii) May reserve a point or question for in banc review as provided under Article IV, § 22 of the Maryland Constitution.

** REVISOR'S NOTE
 
   Chapter 10, Acts of 2001, which enacted the Criminal Procedure Article, also enacted this subsection, which repeals and reenacts, with amendments, CJ § 5-106(b).

** REVISOR'S NOTE
 
   Item (2) of this subsection is added to ensure that if a person is made subject to this subsection by cross-reference: (1) the misdemeanor is not subject to a limitations period; and (2) the person charged has a right to an in banc review.

(c) Violation of vehicle code. -- A prosecution under the vehicle code shall be instituted within 2 years after the offense was committed if the charge is:

   (1) Unlawfully using a driver's license; or

   (2) Fraudulently using a false or fictitious name when applying for a driver's license.

(d) Sabbath breaking or drunkenness. -- A prosecution for Sabbath breaking or drunkenness shall be instituted within 30 days after the offense was committed.

(e) Selling alcoholic beverages to minor in Allegany County. -- In Allegany County, a prosecution for selling alcoholic beverages to a person under the legal age for drinking such alcoholic beverages or for selling alcoholic beverages after hours shall be instituted within 30 days after the offense was committed.

(f) Offenses under election laws or conflict of interest laws, criminal malfeasance, misfeasance or nonfeasance. -- A prosecution for the commission of or the attempt to commit a misdemeanor constituting: (1) except as provided in subsection (h) of this section, a criminal offense under the State election laws; or (2) a criminal offense under the Maryland Public Ethics Law; or (3) criminal malfeasance, misfeasance, or nonfeasance in office committed by an officer of the State, or of an agency of the State, or of a political subdivision of the State, or of a bicounty or multicounty agency in the State shall be instituted within 2 years after the offense was committed.

(g) Conspiracy to commit offenses enumerated in subsection (f). -- A prosecution for conspiracy to commit any of the offenses enumerated in subsection (f) of this section shall be instituted within 2 years after the offense was committed.

(h) Election Law Article violation civil penalty. -- A prosecution to impose a civil fine for an offense arising under § 13-604 of the Election Law Article shall be instituted within 3 years after the offense was committed.

(i) Public ethics code violation civil penalty. -- A petition by the State Ethics Commission to seek a civil fine under § 15-902(b) of the State Government Article may not be initiated unless the complaint is filed by the Commission within 3 years from the time the conduct ended.

(j) Welfare fraud. -- A prosecution for a welfare offense under § 8-501 through 8-504 of the Criminal Law Article shall be instituted within 3 years after the offense was committed.

(k) Medicaid fraud under Criminal Law Article. -- A prosecution for a misdemeanor offense under Title 8, Subtitle 5, Part II of the Criminal Law Article shall be instituted within 3 years after the offense was committed.

(l) Tax-related offenses. -- A prosecution for an offense arising under the Tax - General Article with respect to the sales and use, admissions and amusement, financial institution franchise, income, or motor fuel tax shall be instituted within 3 years after the date on which the offense was committed.

(m) Failure to secure workers' compensation insurance. -- A prosecution for the offense of failure to secure workers' compensation insurance in accordance with Title 9, Subtitle 4 of the Labor and Employment Article shall be instituted within 1 year after the State Workers' Compensation Commission finds, by order, that the employer was uninsured or, pursuant to the authority contained in § 9-1003 of the Labor and Employment Article, within 1 year after the Uninsured Employers' Fund makes payment under § 9-1003 of the Labor and Employment Article, as directed by the Commission.

(n) Conspiracy in general. -- Except as provided in subsection (g) of this section, the statute of limitations for the prosecution of the crime of conspiracy is the statute of limitations for the prosecution of the substantive crime that is the subject of the conspiracy.

(o) Manslaughter by automobile, motorboat, etc.; homicide by motor vehicle; stopping at scene of accident. -- A prosecution for an offense under Title 2, Subtitle 5 or § 2-209 of the Criminal Law Article or § 20-102 of the Transportation Article shall be instituted within 3 years after the offense was committed.

(p) Sex discrimination. -- A prosecution for an offense of discrimination on the basis of sex in paying wages under § 3-301 through 3-308 of the Labor and Employment Article shall be instituted within 3 years after the performance of the act on which the prosecution is based.

(q) Charging or receiving compensation in adoption. -- A prosecution for an offense under § 5-362, § 5-3A-45, or § 5-3B-32 of the Family Law Article as to unlawfully charging or receiving compensation in connection with adoption shall be instituted within 3 years after the offense was committed.

(r) Unauthorized practice of medicine. -- A prosecution for an offense under § 14-601 of the Health Occupations Article of practicing, attempting to practice, or offering to practice medicine without a license shall be instituted within 3 years after the offense was committed.

(s) Charitable solicitation offenses. -- A prosecution for an offense under the Maryland Charitable Solicitations Act (Title 6 of the Business Regulation Article) shall be instituted within 3 years after the offense was committed.

(t) Straw sales or illegal sales, rentals, transfers, possession, or receipt of regulated firearms. -- A prosecution for an offense under § 5-140, § 5-141, or § 5-143 of the Public Safety Article, relating to straw sales of regulated firearms to prohibited persons or minors and to illegal sales, rentals, transfers, possession, or receipt of regulated firearms, shall be instituted within 3 years after the offense was committed.

(u) Fish and fisheries provisions; wildlife provisions. -- A prosecution for a violation of the fish and fisheries provisions of Title 4 of the Natural Resources Article or the wildlife provisions of Title 10 of the Natural Resources Article shall be instituted within 2 years after commission of the offense.

(v) Computer crimes. -- A prosecution under § 7-302 of the Criminal Law Article relating to computer crimes shall be instituted within 3 years after the offense was committed.

(w) Abuse or neglect of vulnerable adult. -- A prosecution for an offense under § 3-605 of the Criminal Law Article relating to abuse or neglect of a vulnerable adult shall be instituted within 2 years after the offense was committed.

(x) Offenses by nursing home administrators. -- A prosecution for a misdemeanor offense under Title 1A, Title 9, or Title 17 of the Health Occupations Article shall be instituted within 3 years after the offense was committed.

(y) Violation of Insurance Article. -- A prosecution for a misdemeanor offense under the Insurance Article shall be instituted within 3 years after the offense was committed.

(z) Sexual abuse of a minor student by a person in a position of authority. -- A prosecution for a misdemeanor offense under § 3-308(c) or, if the victim was a minor at the time of the offense, § 3-308(b)(1) of the Criminal Law Article shall be instituted within 3 years after the offense was committed.

(aa) Offenses in Anne Arundel County relating to environmental protection or natural resource conservation. --

   (1) This subsection applies in Anne Arundel County to an offense that:

      (i) Occurs in the Chesapeake Bay Critical Area, as defined in § 8-1807 of the Natural Resources Article; and

      (ii) Is a violation of a local law that relates to environmental protection or natural resource conservation, including a local law regulating:

         1. Grading;

         2. Sediment control;

         3. Stormwater management;

         4. Zoning;

         5. Construction; or

         6. Health and public safety.

   (2) A prosecution for an offense described in paragraph (1) of this subsection shall be instituted within 3 years after the commission of the offense.

(bb) Violation of § 11-208 of the Criminal Law Article. -- A prosecution for a misdemeanor offense under § 11-208 of the Criminal Law Article shall be instituted within 2 years after the offense was committed.

(cc) Violation of Title 8, Subtitle 7 or § 8-6B-23 of the Health Occupations Article. -- A prosecution for a misdemeanor offense under Title 8, Subtitle 7 or § 8-6B-23 of the Health Occupations Article shall be instituted within 3 years after the offense was committed.

HISTORY: 2013, ch. 419, § 2.