WES MOORE, Governor Ch. 418
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Chapter 418
(Senate Bill 740)
AN ACT concerning
Operating a Vessel While Under the Influence of Alcohol – Enforcement
(Nick’s Law)
FOR the purpose of altering the time period within which a court may prohibit a person
convicted under certain circumstances of operating a vessel while under the
influence of alcohol from operating a vessel on the waters of the State; requiring the
Department of Natural Resources, in coordination with the Natural Resources Police
Force, to establish and maintain a database of persons prohibited from operating a
vessel on the waters of the State due to a conviction under certain circumstances for
operating a vessel while under the influence of alcohol; prohibiting a person from
operating a vessel on the waters of the State under certain circumstances; and
generally relating to enforcement of the offense of operating a vessel while under the
influence of alcohol.
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 8–738
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY adding to
Article – Natural Resources
Section 8–738.3
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
8–738.
(a) Subject to subsection (g) of this section, a person may not operate or attempt
to operate a vessel while the person:
(1) Is under the influence of alcohol;
(2) Is impaired by alcohol;
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(3) Is so far impaired by any drug, combination of drugs, or combination of
one or more drugs and alcohol that the person cannot operate a vessel safely; or
(4) Is impaired by any controlled dangerous substance, as defined in §
5–101 of the Criminal Law Article, unless the person is entitled to use the controlled
dangerous substance under the laws of the State.
(b) (1) Except as provided under paragraph (2) of this subsection, the
evidentiary presumptions and procedures established under §§ 10–302 through 10–309 of
the Courts Article are applicable to any violation of this section.
(2) If at the time of testing an individual has an alcohol concentration that
meets the definition of “under the influence of alcohol per se” in § 11–174.1 of the
Transportation Article, as determined by an analysis of the individual’s blood or breath, it
shall be prima facie evidence that the individual was operating a vessel while under the
influence of alcohol.
(3) Any person who operates or attempts to operate a vessel on the waters
of the State is deemed to have consented, subject to §§ 10–302 through 10–309 of the Courts
Article, to take a test, as defined in § 16–205.1 of the Transportation Article, if the person
is detained by a police officer who has reasonable grounds to believe that the person has
been operating or attempting to operate a vessel while under the influence of alcohol, while
impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a
combination of one or more drugs and alcohol that the person could not operate the vessel
safely, or while impaired by a controlled dangerous substance.
(c) (1) Except as provided in § 8–738.1 of this subtitle, a person may not be
compelled to take a test, as defined in § 16–205.1 of the Transportation Article.
(2) The detaining police officer shall advise a person who is requested to
take a test that, on receipt of a sworn statement from the officer that the person was
requested to take a test and refused or was tested and the result indicated an alcohol
concentration of 0.08 or more, the court may, on conviction and in addition to other
penalties, prohibit the person from operating a vessel on the waters of the State for up to 1
year.
(d) It is not a defense to a charge of violating subsection (a)(3) of this section that
the person charged is or was entitled under the laws of this State to use the drug,
combination of drugs, or combination of one or more drugs and alcohol, unless the person
was unaware that the drug or combination would make the person incapable of safely
operating a vessel.
(e) (1) (i) Notwithstanding any other provision of this title, a person who
violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction:
WES MOORE, Governor Ch. 418
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1. For a first offense, shall be subject to a fine of not more
than $1,000 or imprisonment for not more than 1 year or both;
2. For a second offense, shall be subject to a fine of not more
than $2,000 or imprisonment for not more than 2 years or both; and
3. For a third or subsequent offense, shall be subject to a fine
of not more than $3,000 or imprisonment for not more than 3 years or both.
(ii) For the purpose of determining subsequent offender penalties for
a violation of this section, a prior conviction under subsection (a) of this section or § 21–902
of the Transportation Article shall be considered a prior conviction.
(2) (i) Notwithstanding any other provision of this title, a person who
violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon
conviction:
1. For a first offense, shall be subject to a fine of not more
than $500 or imprisonment for not more than 2 months or both; and
2. For a second or subsequent offense, shall be subject to a
fine of not more than $1,000 or imprisonment of not more than 1 year or both.
(ii) For the purpose of determining subsequent offender penalties for
a violation of this section, a prior conviction under subsection (a) of this section or § 21–902
of the Transportation Article shall be considered a prior conviction.
(3) (I) Notwithstanding any other provision of this title AND SUBJECT
TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , the court may prohibit a person convicted
of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the
State [for up to 1 year] if the person:
[(i)] 1. Refused to take a test, as defined in § 16–205.1 of the
Transportation Article, when requested by a police officer under subsection (b)(3) of this
section; or
[(ii)] 2. Was tested and the result indicated an alcohol
concentration of 0.08 or more.
(II) THE PROHIBITION AGAINST OPE RATING A VESSEL ON T HE
WATERS OF THE STATE UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH MA Y NOT
EXCEED:
1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS
SUBPARAGRAPH , 2 YEARS; OR
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2. IF THE VIOLATION RESU LTS IN THE DEATH OF
ANOTHER PERSON , 5 YEARS.
(III) 1. THE DEPARTMENT , IN COORDINATION WITH THE
NATURAL RESOURCES POLICE FORCE, SHALL ESTABLISH AND MAINTAIN A
DATABASE OF PERSONS PROHIBITED UNDER THI S PARAGRAPH FROM OPE RATING A
VESSEL ON THE WATERS OF THE STATE.
2. THE DEPARTMENT SHA LL ESTABLISH THE DAT ABASE
ON OR BEFORE OCTOBER 1, 2025.
3. THE DATABASE SHALL BE ACCESSIBLE TO A NATURAL
RESOURCES POLICE OFFI CER IN ANY PATROL VE HICLE OR VESSEL .
4. A. A COURT SHALL ELECTRON ICALLY NOTIFY THE
DEPARTMENT IF A PERSO N IS PROHIBITED UNDER THIS PARAGRAPH FROM
OPERATING A VESSEL O N THE WATERS OF THE STATE.
B. NOTICE PROVIDED BY A COURT TO THE DEPARTMENT
SHALL INCLUDE THE PE RSON’S NAME, ADDRESS, AND DATE OF BIRTH , AND THE TIME
PERIOD WITHIN WHICH THE PROHIBITION APPL IES.
5. ON RECEIPT OF NOTICE FR OM A COURT , THE
DEPARTMENT SHALL :
A. ENTER THE INFORMATION PROVIDED INTO THE
DATABASE; AND
B. MAINTAIN THE INFORMAT ION PROVIDED IN THE
DATABASE UNTIL THE P ROHIBITION EXPIRES .
(f) If a person is charged with a violation of this section, the court may find the
person guilty of any lesser included offense under any subsection of this section.
(g) This section applies to the following:
(1) A vessel required to be registered with the Department under this
subtitle;
(2) A vessel required to have a valid number awarded in accordance with a
federal law or a federally approved numbering system of another state; and
(3) A vessel from a foreign country using the waters of this State.
WES MOORE, Governor Ch. 418
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8–738.3.
(A) THIS SECTION APPLIES TO THE FOLLOWING:
(1) A VESSEL REQUIRED TO B E REGISTERED WITH TH E DEPARTMENT
UNDER THIS SUBTITLE ;
(2) A VESSEL REQUIRED TO H AVE A VALID NUMBER A WARDED IN
ACCORDANCE WITH A FE DERAL LAW OR A FEDER ALLY APPROVED NUMBER ING
SYSTEM OF ANOTHER ST ATE; AND
(3) A VESSEL FROM A FOREIG N COUNTRY USING THE WATERS OF THE
STATE.
(B) A PERSON MAY NOT OPERA TE OR ATTEMPT TO OPE RATE A VESSEL ON
THE WATERS OF THE STATE WHILE THE PERSO N IS PROHIBITED FROM OPERATING
A VESSEL ON THE WATE RS OF THE STATE UNDER § 8–738(E)(3)(I) OF THIS SUBTITLE.
(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, A PERSON
WHO VIOLATES THIS SE CTION IS GUILTY OF A MISDEMEANOR AND ON C ONVICTION:
(1) FOR A FIRST OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT
MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BOTH;
(2) FOR A SECOND OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT
MORE THAN $2,000 OR IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR BOTH ; AND
(3) FOR A THIRD OR SUBSEQ UENT OFFENSE , SHALL BE SUBJECT TO A
FINE OF NOT MORE THA N $3,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS
OR BOTH.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 9, 2024.