EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0770*
HOUSE BILL 770
M1, R3 4lr1679
CF SB 740
By: Delegates Schmidt and Simmons
Introduced and read first time: January 31, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 24, 2024
CHAPTER ______
AN ACT concerning 1
Operating a Vessel While Under the Influence of Alcohol – Enforcement 2
(Nick’s Law) 3
FOR the purpose of altering the time period within which a court may prohibit a person 4
convicted under certain circumstances of operating a vessel while under the 5
influence of alcohol from operating a vessel on the waters of the State; requiring the 6
Department of Natural Resources, in coordination with the Natural Resources Police 7
Force, to establish and maintain a database of persons prohibited from operating a 8
vessel on the waters of the State due to a conviction under certain circumstances for 9
operating a vessel while under the influence of alcohol; prohibiting a person from 10
operating a vessel on the waters of the State under certain circumstances; and 11
generally relating to enforcement of the offense of operating a vessel while under the 12
influence of alcohol. 13
BY repealing and reenacting, with amendments, 14
Article – Natural Resources 15
Section 8–738 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2023 Supplement) 18
BY adding to 19
Article – Natural Resources 20
Section 8–738.3 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2023 Supplement) 23 2 HOUSE BILL 770
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Natural Resources 3
8–738. 4
(a) Subject to subsection (g) of this section, a person may not operate or attempt 5
to operate a vessel while the person: 6
(1) Is under the influence of alcohol; 7
(2) Is impaired by alcohol; 8
(3) Is so far impaired by any drug, combination of drugs, or combination of 9
one or more drugs and alcohol that the person cannot operate a vessel safely; or 10
(4) Is impaired by any controlled dangerous substance, as defined in § 11
5–101 of the Criminal Law Article, unless the person is entitled to use the controlled 12
dangerous substance under the laws of the State. 13
(b) (1) Except as provided under paragraph (2) of this subsection, the 14
evidentiary presumptions and procedures established under §§ 10–302 through 10–309 of 15
the Courts Article are applicable to any violation of this section. 16
(2) If at the time of testing an individual has an alcohol concentration that 17
meets the definition of “under the influence of alcohol per se” in § 11–174.1 of the 18
Transportation Article, as determined by an analysis of the individual’s blood or breath, it 19
shall be prima facie evidence that the individual was operating a vessel while under the 20
influence of alcohol. 21
(3) Any person who operates or attempts to operate a vessel on the waters 22
of the State is deemed to have consented, subject to §§ 10–302 through 10–309 of the Courts 23
Article, to take a test, as defined in § 16–205.1 of the Transportation Article, if the person 24
is detained by a police officer who has reasonable grounds to believe that the person has 25
been operating or attempting to operate a vessel while under the influence of alcohol, while 26
impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a 27
combination of one or more drugs and alcohol that the person could not operate the vessel 28
safely, or while impaired by a controlled dangerous substance. 29
(c) (1) Except as provided in § 8–738.1 of this subtitle, a person may not be 30
compelled to take a test, as defined in § 16–205.1 of the Transportation Article. 31
(2) The detaining police officer shall advise a person who is requested to 32
take a test that, on receipt of a sworn statement from the officer that the person was 33
requested to take a test and refused or was tested and the result indicated an alcohol 34 HOUSE BILL 770 3
concentration of 0.08 or more, the court may, on conviction and in addition to other 1
penalties, prohibit the person from operating a vessel on the waters of the State for up to 1 2
year. 3
(d) It is not a defense to a charge of violating subsection (a)(3) of this section that 4
the person charged is or was entitled under the laws of this State to use the drug, 5
combination of drugs, or combination of one or more drugs and alcohol, unless the person 6
was unaware that the drug or combination would make the person incapable of safely 7
operating a vessel. 8
(e) (1) (i) Notwithstanding any other provision of this title, a person who 9
violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction: 10
1. For a first offense, shall be subject to a fine of not more 11
than $1,000 or imprisonment for not more than 1 year or both; 12
2. For a second offense, shall be subject to a fine of not more 13
than $2,000 or imprisonment for not more than 2 years or both; and 14
3. For a third or subsequent offense, shall be subject to a fine 15
of not more than $3,000 or imprisonment for not more than 3 years or both. 16
(ii) For the purpose of determining subsequent offender penalties for 17
a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 18
of the Transportation Article shall be considered a prior conviction. 19
(2) (i) Notwithstanding any other provision of this title, a person who 20
violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon 21
conviction: 22
1. For a first offense, shall be subject to a fine of not more 23
than $500 or imprisonment for not more than 2 months or both; and 24
2. For a second or subsequent offense, shall be subject to a 25
fine of not more than $1,000 or imprisonment of not more than 1 year or both. 26
(ii) For the purpose of determining subsequent offender penalties for 27
a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 28
of the Transportation Article shall be considered a prior conviction. 29
(3) (I) Notwithstanding any other provision of this title AND SUBJECT 30
TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , the court may prohibit a person convicted 31
of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the 32
State [for up to 1 year] if the person: 33
4 HOUSE BILL 770
[(i)] 1. Refused to take a test, as defined in § 16–205.1 of the 1
Transportation Article, when requested by a police officer under subsection (b)(3) of this 2
section; or 3
[(ii)] 2. Was tested and the result indicated an alcohol 4
concentration of 0.08 or more. 5
(II) THE PROHIBITION AGAINST OPERATING A VESSEL O N THE 6
WATERS OF THE STATE UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH MA Y NOT 7
EXCEED: 8
1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS 9
SUBPARAGRAPH , 2 YEARS; OR 10
2. IF THE VIOLATION RESU LTS IN THE DEATH OF 11
ANOTHER PERSO N, 5 YEARS. 12
(III) 1. THE DEPARTMENT , IN COORDINATION WITH THE 13
NATURAL RESOURCES POLICE FORCE, SHALL ESTABLISH AND MAINTAIN A 14
DATABASE OF PERSONS PROHIBITED UNDER THI S PARAGRAPH FROM OPE RATING A 15
VESSEL ON THE WATERS OF THE STATE. 16
2. THE DEPARTMENT SHALL ESTABLISH THE DATABASE 17
ON OR BEFORE OCTOBER 1, 2025. 18
3. THE DATABASE SHALL BE ACCESSIBLE TO A NATURAL 19
RESOURCES POLICE OFFI CER IN ANY PATROL VE HICLE OR VESSEL . 20
4. A. A COURT SHALL ELECTRON ICALLY NOTIFY THE 21
DEPARTMENT IF A PERSO N IS PROHIBIT ED UNDER THIS PARAGR APH FROM 22
OPERATING A VESSEL O N THE WATERS OF THE STATE. 23
B. NOTICE PROVIDED BY A COURT TO THE DEPARTMENT 24
SHALL INCLUDE THE PE RSON’S NAME, ADDRESS, AND DATE OF BIRTH , AND THE TIME 25
PERIOD WITHIN WHICH THE PROHIBITION APPL IES. 26
5. ON RECEIPT OF NOTICE FROM A COURT , THE 27
DEPARTMENT SHALL : 28
A. ENTER THE INFORMATION PROVIDED INTO THE 29
DATABASE; AND 30
B. MAINTAIN THE INFORMAT ION PROVIDED IN THE 31
DATABASE UNTIL THE P ROHIBITION EXPIRES . 32
HOUSE BILL 770 5
(f) If a person is charged with a violation of this section, the court may find the 1
person guilty of any lesser included offense under any subsection of this section. 2
(g) This section applies to the following: 3
(1) A vessel required to be registered with the Department under this 4
subtitle; 5
(2) A vessel required to have a valid number awarded in accordance with a 6
federal law or a federally approved numbering system of another state; and 7
(3) A vessel from a foreign country using the waters of this State. 8
8–738.3. 9
(A) THIS SECTION APPLIES TO THE FOLLOWING : 10
(1) A VESSEL REQUIRED TO B E REGISTERED WITH TH E DEPARTMENT 11
UNDER THIS SUBTITLE ; 12
(2) A VESSEL REQUIRED TO H AVE A VALID NUMBER A WARDED IN 13
ACCORDANCE WITH A FE DERAL LAW OR A FEDER ALLY APPROVED NUMBER ING 14
SYSTEM OF ANOTHER ST ATE; AND 15
(3) A VESSEL FROM A FOREIG N COUNTRY USING THE WATERS OF THE 16
STATE. 17
(B) A PERSON MAY NOT OPERA TE OR ATTEMPT TO OPE RATE A VESSEL ON 18
THE WATERS OF THE STATE WHILE THE PERSO N IS PROHIBITED FROM OPERATING 19
A VESSEL ON THE WATE RS OF THE STATE UNDER § 8–738(E)(3)(I) OF THIS SUBTITLE. 20
(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, A PERSON 21
WHO VIOLATES THIS SE CTION IS GUILTY OF A MISDEMEANOR AND ON C ONVICTION: 22
(1) FOR A FIRST OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT 23
MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BOTH; 24
(2) FOR A SECOND OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT 25
MORE THAN $2,000 OR IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR BOTH ; AND 26
(3) FOR A THIRD OR SUBSEQ UENT OFFENSE , SHALL BE SUBJECT TO A 27
FINE OF NOT MORE THA N $3,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS 28
OR BOTH. 29
6 HOUSE BILL 770
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2024. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.