Maryland 2024 Regular Session

Maryland House Bill HB770 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0770
9	6
10	7		HOUSE BILL 770
11	8		M1, R3 4lr1679
12		-	CF ~~SB 740~~
	9	+	CF 4lr1678
13	10		By: Delegates Schmidt and Simmons
14	11		Introduced and read first time: January 31, 2024
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 24, 2024
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Operating a Vessel While Under the Influence of Alcohol – Enforcement 2
25	19		(Nick’s Law) 3
26	20
27	21		FOR the purpose of altering the time period within which a court may prohibit a person 4
28	22		convicted under certain circumstances of operating a vessel while under the 5
29	23		influence of alcohol from operating a vessel on the waters of the State; requiring the 6
30	24		Department of Natural Resources, in coordination with the Natural Resources Police 7
31	25		Force, to establish and maintain a database of persons prohibited from operating a 8
32	26		vessel on the waters of the State due to a conviction under certain circumstances for 9
33		-	operating a vessel while under the influence of alcohol; prohibiting a person from 10
34		-	operating a vessel on the waters of the State under certain circumstances; and 11
35		-	generally relating to enforcement of the offense of operating a vessel while under the 12
36		-	influence of alcohol. 13
	27	+	operating a vessel while under the influence of alcohol; and generally relating to 10
	28	+	enforcement of the offense of operating a vessel while under the influence of alcohol. 11
37	29
38		-	BY repealing and reenacting, with amendments, 14
39		-	Article – Natural Resources 15
40		-	Section 8–738 16
41		-	Annotated Code of Maryland 17
42		-	(2023 Replacement Volume and 2023 Supplement) 18
	30	+	BY repealing and reenacting, with amendments, 12
	31	+	Article – Natural Resources 13
	32	+	Section 8–738 14
	33	+	Annotated Code of Maryland 15
	34	+	(2023 Replacement Volume and 2023 Supplement) 16
43	35
44		-	BY adding to 19
45		-	Article – Natural Resources 20
46		-	Section 8–738.3 21
47		-	Annotated Code of Maryland 22
48		-	(2023 Replacement Volume and 2023 Supplement) 23 2 HOUSE BILL 770
	36	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
	37	+	That the Laws of Maryland read as follows: 18
	38	+
	39	+	Article – Natural Resources 19
	40	+
	41	+	8–738. 20
	42	+
	43	+	(a) Subject to subsection (g) of this section, a person may not operate or attempt 21
	44	+	to operate a vessel while the person: 22
	45	+
	46	+	(1) Is under the influence of alcohol; 23
	47	+
	48	+	(2) Is impaired by alcohol; 24 2 HOUSE BILL 770
49	49
50	50
51	51
52		-	~~SECTION 1.~~ ~~BE IT ENACTED~~ BY ~~THE GENERAL ASSEMBLY~~ OF ~~MARYLAND~~, 1
53		-	That the ~~Laws of Maryland read as follows:~~ 2
	52	+	(3) Is so far impaired by any drug, combination of drugs, or combination of 1
	53	+	one or more drugs and alcohol that the person cannot operate a vessel safely; or 2
54	54
55		-	Article – Natural Resources 3
	55	+	(4) Is impaired by any controlled dangerous substance, as defined in § 3
	56	+	5–101 of the Criminal Law Article, unless the person is entitled to use the controlled 4
	57	+	dangerous substance under the laws of the State. 5
56	58
57		-	8–738. 4
	59	+	(b) (1) Except as provided under paragraph (2) of this subsection, the 6
	60	+	evidentiary presumptions and procedures established under §§ 10–302 through 10–309 of 7
	61	+	the Courts Article are applicable to any violation of this section. 8
58	62
59		-	(a) Subject to subsection (g) of this section, a person may not operate or attempt 5
60		-	to operate a vessel while the person: 6
	63	+	(2) If at the time of testing an individual has an alcohol concentration that 9
	64	+	meets the definition of “under the influence of alcohol per se” in § 11–174.1 of the 10
	65	+	Transportation Article, as determined by an analysis of the individual’s blood or breath, it 11
	66	+	shall be prima facie evidence that the individual was operating a vessel while under the 12
	67	+	influence of alcohol. 13
61	68
62		-	(1) Is under the influence of alcohol; 7
	69	+	(3) Any person who operates or attempts to operate a vessel on the waters 14
	70	+	of the State is deemed to have consented, subject to §§ 10–302 through 10–309 of the Courts 15
	71	+	Article, to take a test, as defined in § 16–205.1 of the Transportation Article, if the person 16
	72	+	is detained by a police officer who has reasonable grounds to believe that the person has 17
	73	+	been operating or attempting to operate a vessel while under the influence of alcohol, while 18
	74	+	impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a 19
	75	+	combination of one or more drugs and alcohol that the person could not operate the vessel 20
	76	+	safely, or while impaired by a controlled dangerous substance. 21
63	77
64		-	(2) Is impaired by alcohol; 8
	78	+	(c) (1) Except as provided in § 8–738.1 of this subtitle, a person may not be 22
	79	+	compelled to take a test, as defined in § 16–205.1 of the Transportation Article. 23
65	80
66		-	(3) Is so far impaired by any drug, combination of drugs, or combination of 9
67		-	one or more drugs and alcohol that the person cannot operate a vessel safely; or 10
	81	+	(2) The detaining police officer shall advise a person who is requested to 24
	82	+	take a test that, on receipt of a sworn statement from the officer that the person was 25
	83	+	requested to take a test and refused or was tested and the result indicated an alcohol 26
	84	+	concentration of 0.08 or more, the court may, on conviction and in addition to other 27
	85	+	penalties, prohibit the person from operating a vessel on the waters of the State for up to 1 28
	86	+	year. 29
68	87
69		-	(4) Is impaired by any controlled dangerous substance, as defined in § 11
70		-	5–101 of the Criminal Law Article, unless the person is entitled to use the controlled 12
71		-	dangerous substance under the laws of the State. 13
	88	+	(d) It is not a defense to a charge of violating subsection (a)(3) of this section that 30
	89	+	the person charged is or was entitled under the laws of this State to use the drug, 31
	90	+	combination of drugs, or combination of one or more drugs and alcohol, unless the person 32
	91	+	was unaware that the drug or combination would make the person incapable of safely 33
	92	+	operating a vessel. 34
72	93
73		-	(b) (1) Except as provided under paragraph (2) of this subsection, the 14
74		-	evidentiary presumptions and procedures established under §§ 10–302 through 10–309 of 15
75		-	the Courts Article are applicable to any violation of this section. 16
76		-
77		-	(2) If at the time of testing an individual has an alcohol concentration that 17
78		-	meets the definition of “under the influence of alcohol per se” in § 11–174.1 of the 18
79		-	Transportation Article, as determined by an analysis of the individual’s blood or breath, it 19
80		-	shall be prima facie evidence that the individual was operating a vessel while under the 20
81		-	influence of alcohol. 21
82		-
83		-	(3) Any person who operates or attempts to operate a vessel on the waters 22
84		-	of the State is deemed to have consented, subject to §§ 10–302 through 10–309 of the Courts 23
85		-	Article, to take a test, as defined in § 16–205.1 of the Transportation Article, if the person 24
86		-	is detained by a police officer who has reasonable grounds to believe that the person has 25
87		-	been operating or attempting to operate a vessel while under the influence of alcohol, while 26
88		-	impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a 27
89		-	combination of one or more drugs and alcohol that the person could not operate the vessel 28
90		-	safely, or while impaired by a controlled dangerous substance. 29
91		-
92		-	(c) (1) Except as provided in § 8–738.1 of this subtitle, a person may not be 30
93		-	compelled to take a test, as defined in § 16–205.1 of the Transportation Article. 31
94		-
95		-	(2) The detaining police officer shall advise a person who is requested to 32
96		-	take a test that, on receipt of a sworn statement from the officer that the person was 33
97		-	requested to take a test and refused or was tested and the result indicated an alcohol 34 HOUSE BILL 770 3
	94	+	(e) (1) (i) Notwithstanding any other provision of this title, a person who 35
	95	+	violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction: 36
	96	+	HOUSE BILL 770 3
98	97
99	98
100		-	concentration of 0.08 or more, the court may, on conviction and in addition to other 1
101		-	penalties, prohibit the person from operating a vessel on the waters of the State for up to 1 2
102		-	year. 3
	99	+	1. For a first offense, shall be subject to a fine of not more 1
	100	+	than $1,000 or imprisonment for not more than 1 year or both; 2
103	101
104		-	(d) It is not a defense to a charge of violating subsection (a)(3) of this section that 4
105		-	the person charged is or was entitled under the laws of this State to use the drug, 5
106		-	combination of drugs, or combination of one or more drugs and alcohol, unless the person 6
107		-	was unaware that the drug or combination would make the person incapable of safely 7
108		-	operating a vessel. 8
	102	+	2. For a second offense, shall be subject to a fine of not more 3
	103	+	than $2,000 or imprisonment for not more than 2 years or both; and 4
109	104
110		-	~~(e) (1) (i) Notwithstanding any other provision of this title,~~ a ~~person who 9~~
111		-	~~violates subsection (a)(1)~~ of ~~this section is guilty of a misdemeanor and upon conviction:~~ 10
	105	+	3. For a third or subsequent offense, shall be subject to a fine 5
	106	+	of not more than $3,000 or imprisonment for not more than 3 years or both. 6
112	107
113		-	1. For a first offense, shall be subject to a fine of not more 11
114		-	than $1,000 or imprisonment for not more than 1 year or both; 12
	108	+	(ii) For the purpose of determining subsequent offender penalties for 7
	109	+	a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 8
	110	+	of the Transportation Article shall be considered a prior conviction. 9
115	111
116		-	2. For a second offense, shall be subject to a fine of not more 13
117		-	than $2,000 or imprisonment for not more than 2 years or both; and 14
	112	+	(2) (i) Notwithstanding any other provision of this title, a person who 10
	113	+	violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon 11
	114	+	conviction: 12
118	115
119		-	3. For a third or subsequent offense, shall be subject to a fine 15
120		-	of not more than $3,000 or imprisonment for not more than 3 years or both. 16
	116	+	1. For a first offense, shall be subject to a fine of not more 13
	117	+	than $500 or imprisonment for not more than 2 months or both; and 14
	118	+
	119	+	2. For a second or subsequent offense, shall be subject to a 15
	120	+	fine of not more than $1,000 or imprisonment of not more than 1 year or both. 16
121	121
122	122		(ii) For the purpose of determining subsequent offender penalties for 17
123	123		a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 18
124	124		of the Transportation Article shall be considered a prior conviction. 19
125	125
126		-	(2) (i) Notwithstanding any other provision of this title, a person who 20
127		-	violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon 21
128		-	conviction: 22
	126	+	(3) (I) Notwithstanding any other provision of this title AND SUBJECT 20
	127	+	TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , the court may prohibit a person convicted 21
	128	+	of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the 22
	129	+	State [for up to 1 year] if the person: 23
129	130
130		-	1. For a first offense, shall be subject to a fine of not more 23
131		-	than $500 or imprisonment for not more than 2 months or both; and 24
	131	+	[(i)] 1. Refused to take a test, as defined in § 16–205.1 of the 24
	132	+	Transportation Article, when requested by a police officer under subsection (b)(3) of this 25
	133	+	section; or 26
132	134
133		-	2. ~~For a second or subsequent offense,~~ ~~shall be subject to a 25~~
134		-	~~fine~~ of ~~not more than $1,000~~ or ~~imprisonment of not~~ more ~~than 1 year or both~~. 26
	135	+	[(ii)] 2. Was tested and the result indicated an alcohol 27
	136	+	concentration of 0.08 or more. 28
135	137
136		-	(ii) ~~For~~ the ~~purpose of determining subsequent offender penalties for 27~~
137		-	~~a violation~~ of ~~this section, a prior conviction~~ under ~~subsection~~ (a) of this ~~section or § 21–902 28~~
138		-	~~of the Transportation Article shall be considered a prior conviction. 29~~
	138	+	(II) THE PROHIBITION AGAIN ST OPERATING A VESSE L ON THE 29
	139	+	WATERS OF THE STATE UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH MAY NOT 30
	140	+	EXCEED: 31
139	141
140		-	(3) (I) Notwithstanding any other provision of this title AND SUBJECT 30
141		-	TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , the court may prohibit a person convicted 31
142		-	of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the 32
143		-	State [for up to 1 year] if the person: 33
	142	+	1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS 32
	143	+	SUBPARAGRAPH , 2 YEARS; OR 33
144	144		4 HOUSE BILL 770
145	145
146	146
147		-	[(i)] 1. Refused to take a test, as defined in § 16–205.1 of the 1
148		-	Transportation Article, when requested by a police officer under subsection (b)(3) of this 2
149		-	section; or 3
	147	+	2. IF THE VIOLATION RESU LTS IN THE DEATH OF 1
	148	+	ANOTHER PERSON , 5 YEARS. 2
150	149
151		-	[(ii)] 2. Was tested and the result indicated an alcohol 4
152		-	concentration of 0.08 or more. 5
	150	+	(III) 1. THE DEPARTMENT , IN COORDINATION WITH THE 3
	151	+	NATURAL RESOURCES POLICE FORCE, SHALL ES TABLISH AND MAINTAIN A 4
	152	+	DATABASE OF PERSONS PROHIBITED UNDER THI S PARAGRAPH FROM OPE RATING A 5
	153	+	VESSEL ON THE WATERS OF THE STATE. 6
153	154
154		-	(II) THE PROHIBITION AGAINST OPERATING A VESSEL O N THE 6
155		-	WATERS OF THE STATE UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH MA Y NOT 7
156		-	EXCEED: 8
	155	+	2. THE DEPARTMENT SHALL ESTA BLISH THE DATABASE 7
	156	+	ON OR BEFORE OCTOBER 1, 2025. 8
157	157
158		-	1. ~~EXCEPT AS PROVIDED IN ITEM 2 OF THIS~~ 9
159		-	~~SUBPARAGRAPH , 2 YEARS;~~ OR 10
	158	+	3. THE DATABASE SHALL BE ACCESSIBLE TO A NATURAL 9
	159	+	RESOURCES POLICE OFFI CER IN ANY PATROL VE HICLE OR VESSEL . 10
160	160
161		-	2. IF THE VIOLATION RESU LTS IN THE DEATH OF 11
162		-	ANOTHER PERSO N, 5 YEARS. 12
	161	+	4. A. A COURT SHALL ELECTRONICALLY NOTIFY THE 11
	162	+	DEPARTMENT IF A PERSO N IS PROHIBITED UNDE R THIS PARAGRAPH FRO M 12
	163	+	OPERATING A VESSEL O N THE WATERS OF THE STATE. 13
163	164
164		-	(III) 1. THE DEPARTMENT , IN COORDINATION WITH THE 13
165		-	NATURAL RESOURCES POLICE FORCE, SHALL ESTABLISH AND MAINTAIN A 14
166		-	DATABASE OF PERSONS PROHIBITED UNDER THI S PARAGRAPH FROM OPE RATING A 15
167		-	VESSEL ON THE WATERS OF THE STATE. 16
	165	+	B. NOTICE PROVIDED BY A COURT TO THE DEPARTMENT 14
	166	+	SHALL INCLUDE THE PE RSON’S NAME, ADDRESS, AND DATE OF BIRTH , AND THE TIME 15
	167	+	PERIOD WITHIN WHICH THE PROHIBITION APPL IES. 16
168	168
169		-	2. THE ~~DEPARTMENT SHALL ESTABLISH THE DATABASE~~ 17
170		-	~~ON OR BEFORE OCTOBER 1, 2025.~~ 18
	169	+	5. ON RECEIPT OF NOTICE FROM A COURT , THE 17
	170	+	DEPARTMENT SHALL : 18
171	171
172		-	3. THE ~~DATABASE SHALL BE ACCESSIBLE TO A NATURAL~~ 19
173		-	~~RESOURCES POLICE OFFI CER IN ANY PATROL VE HICLE OR VESSEL .~~ 20
	172	+	A. ENTER THE INFORMATION PROVIDED INTO THE 19
	173	+	DATABASE; AND 20
174	174
175		-	4. A. A COURT SHALL ELECTRON ICALLY NOTIFY THE 21
176		-	DEPARTMENT IF A PERSO N IS PROHIBIT ED UNDER THIS PARAGR APH FROM 22
177		-	OPERATING A VESSEL O N THE WATERS OF THE STATE. 23
	175	+	B. MAINTAIN THE INFORMAT ION PROVIDED IN THE 21
	176	+	DATABASE UNTIL THE P ROHIBITION EXPIRES . 22
178	177
179		-	B. NOTICE PROVIDED BY A COURT TO THE DEPARTMENT 24
180		-	SHALL INCLUDE THE PE RSON’S NAME, ADDRESS, AND DATE OF BIRTH , AND THE TIME 25
181		-	PERIOD WITHIN WHICH THE PROHIBITION APPL IES. 26
	178	+	(f) If a person is charged with a violation of this section, the court may find the 23
	179	+	person guilty of any lesser included offense under any subsection of this section. 24
182	180
183		-	5. ON RECEIPT OF NOTICE FROM A COURT , THE 27
184		-	DEPARTMENT SHALL : 28
	181	+	(g) This section applies to the following: 25
185	182
186		-	A~~. ENTER~~ THE ~~INFORMATION PROVIDED INTO THE 29~~
187		-	~~DATABASE~~; ~~AND 30~~
	183	+	(1) A vessel required to be registered with the Department under this 26
	184	+	subtitle; 27
188	185
189		-	B. MAINTAIN THE INFORMAT ION PROVIDED IN THE 31
190		-	DATABASE UNTIL THE P ROHIBITION EXPIRES . 32
	186	+	(2) A vessel required to have a valid number awarded in accordance with a 28
	187	+	federal law or a federally approved numbering system of another state; and 29
	188	+
	189	+	(3) A vessel from a foreign country using the waters of this State. 30
191	190		HOUSE BILL 770 5
192		-
193		-
194		-	(f) If a person is charged with a violation of this section, the court may find the 1
195		-	person guilty of any lesser included offense under any subsection of this section. 2
196		-
197		-	(g) This section applies to the following: 3
198		-
199		-	(1) A vessel required to be registered with the Department under this 4
200		-	subtitle; 5
201		-
202		-	(2) A vessel required to have a valid number awarded in accordance with a 6
203		-	federal law or a federally approved numbering system of another state; and 7
204		-
205		-	(3) A vessel from a foreign country using the waters of this State. 8
206		-
207		-	8–738.3. 9
208		-
209		-	(A) THIS SECTION APPLIES TO THE FOLLOWING : 10
210		-
211		-	(1) A VESSEL REQUIRED TO B E REGISTERED WITH TH E DEPARTMENT 11
212		-	UNDER THIS SUBTITLE ; 12
213		-
214		-	(2) A VESSEL REQUIRED TO H AVE A VALID NUMBER A WARDED IN 13
215		-	ACCORDANCE WITH A FE DERAL LAW OR A FEDER ALLY APPROVED NUMBER ING 14
216		-	SYSTEM OF ANOTHER ST ATE; AND 15
217		-
218		-	(3) A VESSEL FROM A FOREIG N COUNTRY USING THE WATERS OF THE 16
219		-	STATE. 17
220		-
221		-	(B) A PERSON MAY NOT OPERA TE OR ATTEMPT TO OPE RATE A VESSEL ON 18
222		-	THE WATERS OF THE STATE WHILE THE PERSO N IS PROHIBITED FROM OPERATING 19
223		-	A VESSEL ON THE WATE RS OF THE STATE UNDER § 8–738(E)(3)(I) OF THIS SUBTITLE. 20
224		-
225		-	(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, A PERSON 21
226		-	WHO VIOLATES THIS SE CTION IS GUILTY OF A MISDEMEANOR AND ON C ONVICTION: 22
227		-
228		-	(1) FOR A FIRST OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT 23
229		-	MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BOTH; 24
230		-
231		-	(2) FOR A SECOND OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT 25
232		-	MORE THAN $2,000 OR IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR BOTH ; AND 26
233		-
234		-	(3) FOR A THIRD OR SUBSEQ UENT OFFENSE , SHALL BE SUBJECT TO A 27
235		-	FINE OF NOT MORE THA N $3,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS 28
236		-	OR BOTH. 29
237		-	6 HOUSE BILL 770
238	191
239	192
240	193		SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
241	194		1, 2024. 2
242		-
243		-
244		-
245		-
246		-	Approved:
247		-	________________________________________________________________________________
248		-	Governor.
249		-	________________________________________________________________________________
250		-	Speaker of the House of Delegates.
251		-	________________________________________________________________________________
252		-	President of the Senate.