EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0740*
SENATE BILL 740
M1, R3 4lr1678
CF HB 770
By: Senators Gile, Bailey, Jackson, McKay, and Ready
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
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; and generally relating to 10
enforcement of the offense of operating a vessel while under the influence of alcohol. 11
BY repealing and reenacting, with amendments, 12
Article – Natural Resources 13
Section 8–738 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Natural Resources 19
8–738. 20
(a) Subject to subsection (g) of this section, a person may not operate or attempt 21
to operate a vessel while the person: 22
(1) Is under the influence of alcohol; 23
(2) Is impaired by alcohol; 24 2 SENATE BILL 740
(3) Is so far impaired by any drug, combination of drugs, or combination of 1
one or more drugs and alcohol that the person cannot operate a vessel safely; or 2
(4) Is impaired by any controlled dangerous substance, as defined in § 3
5–101 of the Criminal Law Article, unless the person is entitled to use the controlled 4
dangerous substance under the laws of the State. 5
(b) (1) Except as provided under paragraph (2) of this subsection, the 6
evidentiary presumptions and procedures established under §§ 10–302 through 10–309 of 7
the Courts Article are applicable to any violation of this section. 8
(2) If at the time of testing an individual has an alcohol concentration that 9
meets the definition of “under the influence of alcohol per se” in § 11–174.1 of the 10
Transportation Article, as determined by an analysis of the individual’s blood or breath, it 11
shall be prima facie evidence that the individual was operating a vessel while under the 12
influence of alcohol. 13
(3) Any person who operates or attempts to operate a vessel on the waters 14
of the State is deemed to have consented, subject to §§ 10–302 through 10–309 of the Courts 15
Article, to take a test, as defined in § 16–205.1 of the Transportation Article, if the person 16
is detained by a police officer who has reasonable grounds to believe that the person has 17
been operating or attempting to operate a vessel while under the influence of alcohol, while 18
impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a 19
combination of one or more drugs and alcohol that the person could not operate the vessel 20
safely, or while impaired by a controlled dangerous substance. 21
(c) (1) Except as provided in § 8–738.1 of this subtitle, a person may not be 22
compelled to take a test, as defined in § 16–205.1 of the Transportation Article. 23
(2) The detaining police officer shall advise a person who is requested to 24
take a test that, on receipt of a sworn statement from the officer that the person was 25
requested to take a test and refused or was tested and the result indicated an alcohol 26
concentration of 0.08 or more, the court may, on conviction and in addition to other 27
penalties, prohibit the person from operating a vessel on the waters of the State for up to 1 28
year. 29
(d) It is not a defense to a charge of violating subsection (a)(3) of this section that 30
the person charged is or was entitled under the laws of this State to use the drug, 31
combination of drugs, or combination of one or more drugs and alcohol, unless the person 32
was unaware that the drug or combination would make the person incapable of safely 33
operating a vessel. 34
(e) (1) (i) Notwithstanding any other provision of this title, a person who 35
violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction: 36
SENATE BILL 740 3
1. For a first offense, shall be subject to a fine of not more 1
than $1,000 or imprisonment for not more than 1 year or both; 2
2. For a second offense, shall be subject to a fine of not more 3
than $2,000 or imprisonment for not more than 2 years or both; and 4
3. For a third or subsequent offense, shall be subject to a fine 5
of not more than $3,000 or imprisonment for not more than 3 years or both. 6
(ii) For the purpose of determining subsequent offender penalties for 7
a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 8
of the Transportation Article shall be considered a prior conviction. 9
(2) (i) Notwithstanding any other provision of this title, a person who 10
violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon 11
conviction: 12
1. For a first offense, shall be subject to a fine of not more 13
than $500 or imprisonment for not more than 2 months or both; and 14
2. For a second or subsequent offense, shall be subject to a 15
fine of not more than $1,000 or imprisonment of not more than 1 year 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
(3) (I) Notwithstanding any other provision of this title AND SUBJECT 20
TO SUBPARAGR APH (II) OF THIS PARAGRAPH , the court may prohibit a person convicted 21
of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the 22
State [for up to 1 year] if the person: 23
[(i)] 1. Refused to take a test, as defined in § 16–205.1 of the 24
Transportation Article, when requested by a police officer under subsection (b)(3) of this 25
section; or 26
[(ii)] 2. Was tested and the result indicated an alcohol 27
concentration of 0.08 or more. 28
(II) THE PROHIBITION AGAIN ST OPERATING A VESSE L ON THE 29
WATERS OF THE STATE UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY N OT 30
EXCEED: 31
1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS 32
SUBPARAGRAPH , 2 YEARS; OR 33
4 SENATE BILL 740
2. IF THE VIOLATION RESU LTS IN THE DEATH OF 1
ANOTHER PERSON , 5 YEARS. 2
(III) 1. THE DEPARTMENT , IN COORDINATION WITH THE 3
NATURAL RESOURCES POLICE FORCE, SHALL ESTABLISH AND MAINTAIN A 4
DATABASE OF PERSONS PROHIBITED UNDER THIS PARAGRAPH FROM OPERATING A 5
VESSEL ON THE WATERS OF THE STATE. 6
2. THE DEPARTMENT SHALL ESTA BLISH THE DATABASE 7
ON OR BEFORE OCTOBER 1, 2025. 8
3. THE DATABASE SHALL BE ACCESSIBLE TO A NATURAL 9
RESOURCES POLICE OFFI CER IN ANY PATROL VE HICLE OR VESSEL . 10
4. A. A COURT SHALL ELECTRONICALLY NOTIFY THE 11
DEPARTMENT IF A PERSON IS PROHI BITED UNDER THIS PARAGRAPH FROM 12
OPERATING A VESSEL O N THE WATERS OF THE STATE. 13
B. NOTICE PROVIDED BY A COURT TO THE DEPARTMENT 14
SHALL INCLUDE THE PE RSON’S NAME, ADDRESS, AND DATE OF BIRTH , AND THE TIME 15
PERIOD WITHIN WHICH THE PROHIBITION APPL IES. 16
5. ON RECEIPT OF NOTICE FROM A COURT , THE 17
DEPARTMENT SHALL : 18
A. ENTER THE INFORMATI ON PROVIDED INTO THE 19
DATABASE; AND 20
B. MAINTAIN THE INFORMAT ION PROVIDED IN THE 21
DATABASE UNTIL THE P ROHIBITION EXPIRES . 22
(f) If a person is charged with a violation of this section, the court may find the 23
person guilty of any lesser included offense under any subsection of this section. 24
(g) This section applies to the following: 25
(1) A vessel required to be registered with the Department under this 26
subtitle; 27
(2) A vessel required to have a valid number awarded in accordance with a 28
federal law or a federally approved numbering system of another state; and 29
(3) A vessel from a foreign country using the waters of this State. 30
SENATE BILL 740 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2024. 2