MD
Maryland Senate Bill SB740

Maryland 2024 Regular Session

Maryland Senate Bill SB740 Compare Versions

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1- WES MOORE, Governor Ch. 418
21
3-– 1 –
4-Chapter 418
5-(Senate Bill 740)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0740*
89
9-Operating a Vessel While Under the Influence of Alcohol – Enforcement
10-(Nick’s Law)
10+SENATE BILL 740
11+M1, R3 4lr1678
12+ CF HB 770
13+By: Senators Gile, Bailey, Jackson, McKay, and Ready
14+Introduced and read first time: January 31, 2024
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 2, 2024
1119
12-FOR the purpose of altering the time period within which a court may prohibit a person
13-convicted under certain circumstances of operating a vessel while under the
14-influence of alcohol from operating a vessel on the waters of the State; requiring the
15-Department of Natural Resources, in coordination with the Natural Resources Police
16-Force, to establish and maintain a database of persons prohibited from operating a
17-vessel on the waters of the State due to a conviction under certain circumstances for
18-operating a vessel while under the influence of alcohol; prohibiting a person from
19-operating a vessel on the waters of the State under certain circumstances; and
20-generally relating to enforcement of the offense of operating a vessel while under the
21-influence of alcohol.
20+CHAPTER ______
2221
23-BY repealing and reenacting, with amendments,
24- Article – Natural Resources
25-Section 8–738
26- Annotated Code of Maryland
27- (2023 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2823
29-BY adding to
30- Article – Natural Resources
31- Section 8–738.3
32- Annotated Code of Maryland
33- (2023 Replacement Volume and 2023 Supplement)
24+Operating a Vessel While Under the Influence of Alcohol – Enforcement 2
25+(Nick’s Law) 3
3426
35- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36-That the Laws of Maryland read as follows:
27+FOR the purpose of altering the time period within which a court may prohibit a person 4
28+convicted under certain circumstances of operating a vessel while under the 5
29+influence of alcohol from operating a vessel on the waters of the State; requiring the 6
30+Department of Natural Resources, in coordination with the Natural Resources Police 7
31+Force, to establish and maintain a database of persons prohibited from operating a 8
32+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
3737
38-Article – Natural Resources
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
3943
40-8–738.
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 SENATE BILL 740
4149
42- (a) Subject to subsection (g) of this section, a person may not operate or attempt
43-to operate a vessel while the person:
4450
45- (1) Is under the influence of alcohol;
4651
47- (2) Is impaired by alcohol;
48- Ch. 418 2024 LAWS OF MARYLAND
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
4954
50-– 2 –
51- (3) Is so far impaired by any drug, combination of drugs, or combination of
52-one or more drugs and alcohol that the person cannot operate a vessel safely; or
55+Article – Natural Resources 3
5356
54- (4) Is impaired by any controlled dangerous substance, as defined in §
55-5–101 of the Criminal Law Article, unless the person is entitled to use the controlled
56-dangerous substance under the laws of the State.
57+8–738. 4
5758
58- (b) (1) Except as provided under paragraph (2) of this subsection, the
59-evidentiary presumptions and procedures established under §§ 10–302 through 10–309 of
60-the Courts Article are applicable to any violation of this section.
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
6161
62- (2) If at the time of testing an individual has an alcohol concentration that
63-meets the definition of “under the influence of alcohol per se” in § 11–174.1 of the
64-Transportation Article, as determined by an analysis of the individual’s blood or breath, it
65-shall be prima facie evidence that the individual was operating a vessel while under the
66-influence of alcohol.
62+ (1) Is under the influence of alcohol; 7
6763
68- (3) Any person who operates or attempts to operate a vessel on the waters
69-of the State is deemed to have consented, subject to §§ 10–302 through 10–309 of the Courts
70-Article, to take a test, as defined in § 16–205.1 of the Transportation Article, if the person
71-is detained by a police officer who has reasonable grounds to believe that the person has
72-been operating or attempting to operate a vessel while under the influence of alcohol, while
73-impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a
74-combination of one or more drugs and alcohol that the person could not operate the vessel
75-safely, or while impaired by a controlled dangerous substance.
64+ (2) Is impaired by alcohol; 8
7665
77- (c) (1) Except as provided in § 8–738.1 of this subtitle, a person may not be
78-compelled to take a test, as defined in § 16–205.1 of the Transportation Article.
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
7968
80- (2) The detaining police officer shall advise a person who is requested to
81-take a test that, on receipt of a sworn statement from the officer that the person was
82-requested to take a test and refused or was tested and the result indicated an alcohol
83-concentration of 0.08 or more, the court may, on conviction and in addition to other
84-penalties, prohibit the person from operating a vessel on the waters of the State for up to 1
85-year.
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
8672
87- (d) It is not a defense to a charge of violating subsection (a)(3) of this section that
88-the person charged is or was entitled under the laws of this State to use the drug,
89-combination of drugs, or combination of one or more drugs and alcohol, unless the person
90-was unaware that the drug or combination would make the person incapable of safely
91-operating a vessel.
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
9276
93- (e) (1) (i) Notwithstanding any other provision of this title, a person who
94-violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction:
95- WES MOORE, Governor Ch. 418
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
9682
97-– 3 –
98- 1. For a first offense, shall be subject to a fine of not more
99-than $1,000 or imprisonment for not more than 1 year or both;
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
10091
101- 2. For a second offense, shall be subject to a fine of not more
102-than $2,000 or imprisonment for not more than 2 years or both; and
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
10394
104- 3. For a third or subsequent offense, shall be subject to a fine
105-of not more than $3,000 or imprisonment for not more than 3 years or both.
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 SENATE BILL 740 3
10698
107- (ii) For the purpose of determining subsequent offender penalties for
108-a violation of this section, a prior conviction under subsection (a) of this section or § 21–902
109-of the Transportation Article shall be considered a prior conviction.
11099
111- (2) (i) Notwithstanding any other provision of this title, a person who
112-violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon
113-conviction:
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
114103
115- 1. For a first offense, shall be subject to a fine of not more
116-than $500 or imprisonment for not more than 2 months or both; and
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
117109
118- 2. For a second or subsequent offense, shall be subject to a
119-fine of not more than $1,000 or imprisonment of not more than 1 year or both.
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
120112
121- (ii) For the purpose of determining subsequent offender penalties for
122-a violation of this section, a prior conviction under subsection (a) of this section or § 21–902
123-of the Transportation Article shall be considered a prior conviction.
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
124115
125- (3) (I) Notwithstanding any other provision of this title AND SUBJECT
126-TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , the court may prohibit a person convicted
127-of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the
128-State [for up to 1 year] if the person:
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
129118
130- [(i)] 1. Refused to take a test, as defined in § 16–205.1 of the
131-Transportation Article, when requested by a police officer under subsection (b)(3) of this
132-section; or
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
133121
134- [(ii)] 2. Was tested and the result indicated an alcohol
135-concentration of 0.08 or more.
122+ (ii) For the purpose of determining subsequent offender penalties for 17
123+a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 18
124+of the Transportation Article shall be considered a prior conviction. 19
136125
137- (II) THE PROHIBITION AGAINST OPE RATING A VESSEL ON T HE
138-WATERS OF THE STATE UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH MA Y NOT
139-EXCEED:
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
140129
141- 1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS
142-SUBPARAGRAPH , 2 YEARS; OR
143- Ch. 418 2024 LAWS OF MARYLAND
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
144132
145-– 4 –
146- 2. IF THE VIOLATION RESU LTS IN THE DEATH OF
147-ANOTHER PERSON , 5 YEARS.
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
148135
149- (III) 1. THE DEPARTMENT , IN COORDINATION WITH THE
150-NATURAL RESOURCES POLICE FORCE, SHALL ESTABLISH AND MAINTAIN A
151-DATABASE OF PERSONS PROHIBITED UNDER THI S PARAGRAPH FROM OPE RATING A
152-VESSEL ON THE WATERS OF THE STATE.
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
153139
154- 2. THE DEPARTMENT SHA LL ESTABLISH THE DAT ABASE
155-ON OR BEFORE OCTOBER 1, 2025.
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
144+ 4 SENATE BILL 740
156145
157- 3. THE DATABASE SHALL BE ACCESSIBLE TO A NATURAL
158-RESOURCES POLICE OFFI CER IN ANY PATROL VE HICLE OR VESSEL .
159146
160- 4. A. A COURT SHALL ELECTRON ICALLY NOTIFY THE
161-DEPARTMENT IF A PERSO N IS PROHIBITED UNDER THIS PARAGRAPH FROM
162-OPERATING A VESSEL O N THE WATERS OF THE STATE.
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
163150
164- B. NOTICE PROVIDED BY A COURT TO THE DEPARTMENT
165-SHALL INCLUDE THE PE RSON’S NAME, ADDRESS, AND DATE OF BIRTH , AND THE TIME
166-PERIOD WITHIN WHICH THE PROHIBITION APPL IES.
151+ [(ii)] 2. Was tested and the result indicated an alcohol 4
152+concentration of 0.08 or more. 5
167153
168- 5. ON RECEIPT OF NOTICE FR OM A COURT , THE
169-DEPARTMENT SHALL :
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
170157
171- A. ENTER THE INFORMATION PROVIDED INTO THE
172-DATABASE; AND
158+ 1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS 9
159+SUBPARAGRAPH , 2 YEARS; OR 10
173160
174- B. MAINTAIN THE INFORMAT ION PROVIDED IN THE
175-DATABASE UNTIL THE P ROHIBITION EXPIRES .
161+ 2. IF THE VIOLATION RESU LTS IN THE DEATH OF 11
162+ANOTHER PERSO N, 5 YEARS. 12
176163
177- (f) If a person is charged with a violation of this section, the court may find the
178-person guilty of any lesser included offense under any subsection of this section.
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
179168
180- (g) This section applies to the following:
169+ 2. THE DEPARTMENT SHALL ESTABLISH THE DATABASE 17
170+ON OR BEFORE OCTOBER 1, 2025. 18
181171
182- (1) A vessel required to be registered with the Department under this
183-subtitle;
172+ 3. THE DATABASE SHALL BE ACCESSIBLE TO A NATURAL 19
173+RESOURCES POLICE OFFI CER IN ANY PATROL VE HICLE OR VESSEL . 20
184174
185- (2) A vessel required to have a valid number awarded in accordance with a
186-federal law or a federally approved numbering system of another state; and
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
187178
188- (3) A vessel from a foreign country using the waters of this State.
189- WES MOORE, Governor Ch. 418
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
190182
191-– 5 –
192-8–738.3.
183+ 5. ON RECEIPT OF NOTICE FROM A COURT , THE 27
184+DEPARTMENT SHALL : 28
193185
194- (A) THIS SECTION APPLIES TO THE FOLLOWING:
186+ A. ENTER THE INFORMATION PROVIDED INTO THE 29
187+DATABASE; AND 30
195188
196- (1) A VESSEL REQUIRED TO B E REGISTERED WITH TH E DEPARTMENT
197-UNDER THIS SUBTITLE ;
189+ B. MAINTAIN THE INFORMAT ION PROVIDED IN THE 31
190+DATABASE UNTIL THE P ROHIBITION EXPIRES . 32
191+ SENATE BILL 740 5
198192
199- (2) A VESSEL REQUIRED TO H AVE A VALID NUMBER A WARDED IN
200-ACCORDANCE WITH A FE DERAL LAW OR A FEDER ALLY APPROVED NUMBER ING
201-SYSTEM OF ANOTHER ST ATE; AND
202193
203- (3) A VESSEL FROM A FOREIG N COUNTRY USING THE WATERS OF THE
204-STATE.
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
205196
206- (B) A PERSON MAY NOT OPERA TE OR ATTEMPT TO OPE RATE A VESSEL ON
207-THE WATERS OF THE STATE WHILE THE PERSO N IS PROHIBITED FROM OPERATING
208-A VESSEL ON THE WATE RS OF THE STATE UNDER § 8–738(E)(3)(I) OF THIS SUBTITLE.
197+ (g) This section applies to the following: 3
209198
210- (C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, A PERSON
211-WHO VIOLATES THIS SE CTION IS GUILTY OF A MISDEMEANOR AND ON C ONVICTION:
199+ (1) A vessel required to be registered with the Department under this 4
200+subtitle; 5
212201
213- (1) FOR A FIRST OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT
214-MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BOTH;
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
215204
216- (2) FOR A SECOND OFFENSE , SHALL BE SUBJECT TO A FINE OF NOT
217-MORE THAN $2,000 OR IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR BOTH ; AND
205+ (3) A vessel from a foreign country using the waters of this State. 8
218206
219- (3) FOR A THIRD OR SUBSEQ UENT OFFENSE , SHALL BE SUBJECT TO A
220-FINE OF NOT MORE THA N $3,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS
221-OR BOTH.
207+8–738.3. 9
222208
223- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
224-1, 2024.
209+ (A) THIS SECTION APPLIES TO THE FOLLOWING : 10
225210
226-Approved by the Governor, May 9, 2024.
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 SENATE BILL 740
238+
239+
240+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
241+1, 2024. 2
242+
243+
244+
245+
246+Approved:
247+________________________________________________________________________________
248+ Governor.
249+________________________________________________________________________________
250+ President of the Senate.
251+________________________________________________________________________________
252+ Speaker of the House of Delegates.