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.