Maryland 2025 2025 Regular Session

Maryland House Bill HB676 Engrossed / Bill

Filed 04/04/2025

                     
 
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. 
          *hb0676*  
  
HOUSE BILL 676 
M1, E1   	5lr2735 
SB 585/24 – JPR   	CF SB 123 
By: Delegates Schmidt, Chisholm, Kipke, and Nkongolo Nkongolo, Arikan, 
Bartlett, Conaway, Crutchfield, Grammer, Kaufman, Phillips, Simmons, 
Simpson, Stinnett, Taylor, Toles, Tomlinson, Valentine, and Williams 
Introduced and read first time: January 24, 2025 
Assigned to: Environment and Transportation 
Reassigned: Judiciary, January 29, 2025 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 21, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Boating Accidents – Duty to Remain Stop at the Scene, Render Assistance, and 2 
Provide Information – Penalties  3 
 
FOR the purpose of requiring the operator of a vessel involved in a collision, accident, or 4 
other casualty to return to and remain at stop the vessel as close as possible to the 5 
scene of the collision, accident, or casualty until the operator has rendered certain 6 
assistance and provided certain information; establishing criminal penalties for the 7 
operator of a vessel involved in a collision, accident, or other casualty who does not 8 
take certain actions; and generally relating to the operator of a vessel involved in a 9 
collision, accident, or other casualty. 10 
 
BY repealing and reenacting, with amendments, 11 
 Article – Natural Resources 12 
Section 8–724 13 
 Annotated Code of Maryland 14 
 (2023 Replacement Volume and 2024 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Natural Resources 18 
  2 	HOUSE BILL 676  
 
 
8–724. 1 
 
 (a) (1) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 2 
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 3 
PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 4 
SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 5 
SUBSECTION (B) OF THIS SECTION. 6 
 
 (II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 7 
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 8 
PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 9 
COLLISION, ACCIDENT, OR OTHER CASUALTY UNTIL THE O PERATOR HAS COMPLIED 10 
WITH SUBSECTION (B) OF THIS SECTION. 11 
 
 (2) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 12 
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 13 
PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 14 
SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 15 
SUBSECTION (B) OF THIS SECTION. 16 
 
 (II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 17 
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 18 
PERSON IMMEDIATE LY SHALL RETURN TO A ND REMAIN AT THE SCE NE OF THE 19 
COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 20 
WITH SUBSECTION (B) OF THIS SECTION. 21 
 
 (3) (I) IN THIS PARAGRAPH , “SERIOUS BODILY INJUR Y” MEANS AN 22 
INJURY THAT: 23 
 
 1. CREATES A SUBSTANTIAL RISK OF DEATH; 24 
 
 2. CAUSES SERIOUS PERMAN	ENT OR SERIOUS 25 
PROTRACTED DISFIGURE MENT; 26 
 
 3. CAUSES SERIOUS PERMAN	ENT OR SERIOUS 27 
PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 28 
FACULTY; OR 29 
 
 4. CAUSES SERIOUS PERMAN	ENT OR SERIOUS 30 
PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORG AN. 31 
 
 (II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 32 
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 33 
THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICT ION IS SUBJECT 34   	HOUSE BILL 676 	3 
 
 
TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $3,000 OR 1 
BOTH. 2 
 
 2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 3 
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 4 
THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT 5 
TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 6 
BOTH. 7 
 
 (III) 1. A PERSON WHO VIOLATES THIS SUBSECTION AND 8 
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 9 
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOUS BODILY INJURY TO 10 
ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 11 
ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUB JECT TO 12 
IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 13 
BOTH. 14 
 
 2. A PERSON WHO VIOLATES THI S SUBSECTION AND 15 
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 16 
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHER 17 
PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 18 
FELONY AND ON CONVIC TION IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 19 
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 20 
 
 (B) (1) The operator of a vessel involved in a collision, accident, or other 21 
casualty shall [render]: 22 
 
 (I) RENDER all practical and necessary assistance to persons 23 
affected by the collision, accident, or casualty to save the persons from danger caused by 24 
the collision, accident, or casualty, to the extent the operator can do so without serious 25 
danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 26 
 
 (II) GIVE the operator’s name, address, and the identification of the 27 
operator’s vessel to any person injured and to the owner of any property damaged.  28 
 
 (2) The duties imposed by this subsection are in addition to any duties 29 
otherwise imposed by law. 30 
 
 (3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 31 
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPRISONM ENT 32 
NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 33 
 
 [(b)] (C) If an accident involves any vessel subject to this subtitle while on the 34 
waters of the State and results in the death, disappearance, or injury of any person or in 35  4 	HOUSE BILL 676  
 
 
property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 1 
file with the Department a full description of the accident, including any information the 2 
Department requires by regulation. If the operator is unable to file the report, the vessel 3 
owner shall file the report. If the accident caused the death or disappearance of any person 4 
or a person receives medical treatment beyond first aid, the report shall be made within 48 5 
hours. Any other accident resulting in personal injury or property damage shall be reported 6 
within 10 days. This subsection does not apply to a vessel required to have a certificate of 7 
inspection under Chapter 1, Title 46, Code of Federal Regulations. 8 
 
 [(c)] (D) If any vessel numbered in the State is involved in an accident on waters 9 
outside of the State, and the accident results in the death, disappearance, or injury of any 10 
person or in property damage of $2,000 or more, the operator or owner, within 30 days, 11 
shall file a complete report with the Department including any information the Department 12 
requires by regulation. This subsection does not exempt or excuse any operator or owner 13 
from the requirements of any federal or other state law or rule or regulation having 14 
jurisdiction over the waters in which the accident occurs. Furthermore, any 15 
accident–reporting requirement in the federal or other state law or rule or regulation may 16 
not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 17 
State to report the accident in the State. 18 
 
 [(d)] (E) The required report of a boating accident may not be referred to during 19 
any judicial proceeding. It is not subject to subpoena or admissible as evidence in any 20 
proceeding. Subject to these restrictions, information contained in a boating accident report 21 
and any statistical information based on the report is available on request for official 22 
purposes to the U.S. Coast Guard and its successor agency. 23 
 
 [(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 24 
gratuitously and in good faith renders or attempts to render assistance to any vessel in 25 
distress on any waters of the State without objection from any person assisted, is not liable 26 
for any civil damage as the result of any act or omission by the person in rendering 27 
assistance, if the act or omission does not amount to gross negligence. 28 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 
October 1, 2025. 30 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.