EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0123*
SENATE BILL 123
M1, E1 5lr0619
SB 585/24 – JPR (PRE–FILED) CF 5lr2046
By: Senator Simonaire
Requested: May 18, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Boating Accidents – Duty to Remain 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 the scene of the collision, accident, or 5
casualty until the operator has rendered certain assistance and provided certain 6
information; establishing criminal penalties for the operator of a vessel involved in 7
a collision, accident, or other casualty who does not take certain actions; and 8
generally relating to the operator of a vessel involved in a collision, accident, or other 9
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
8–724. 19
(a) (1) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 20
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 21
PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 22
SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY . 23
2 SENATE BILL 123
(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 1
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 2
PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 3
COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 4
WITH SUBSECTION (B) OF THIS SECTION. 5
(2) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 6
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 7
PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 8
SCENE OF THE COLLISION, ACCIDENT, OR OTHER CASUALTY . 9
(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 10
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 11
PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 12
COLLISION, ACCIDENT, OR OTHER CASUALTY UNTIL T HE OPERATOR HAS COMP LIED 13
WITH SUBSECTION (B) OF THIS SECTION. 14
(3) (I) IN THIS PARAGRAPH , “SERIOUS BODILY INJUR Y” MEANS AN 15
INJURY THAT: 16
1. CREATES A SUBSTANTIAL RISK OF DEATH; 17
2. CAUSES SERIOUS PERMAN ENT OR SERIOUS 18
PROTRACTED DISFIGURE MENT; 19
3. CAUSES SERIOUS PERMAN ENT OR SERIOUS 20
PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 21
FACULTY; OR 22
4. CAUSES SERIOUS PERMAN ENT OR SERIOUS 23
PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORG AN. 24
(II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 25
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 26
THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 1 YEAR OR A FINE 27
NOT EXCEEDING $3,000 OR BOTH. 28
2. EXCEPT AS PROVID ED IN SUBPARAGRAPH (III) OF 29
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 30
THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 5 YEARS OR A 31
FINE NOT EXCEEDING $5,000 OR BOTH. 32
(III) 1. A PERSON WHO VIOLATES THIS SUBSECTION AN D 33 SENATE BILL 123 3
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 1
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOU S BODILY INJURY TO 2
ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 3
ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUB JECT TO 4
IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 5
BOTH. 6
2. A PERSON WHO VIOLATES THIS SUBSECTION AND 7
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 8
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHE R 9
PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 10
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 11
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 12
(B) (1) The operator of a vessel involved in a collision, accident, or other 13
casualty shall [render]: 14
(I) RENDER all practical and necessary assistance to persons 15
affected by the collision, accident, or casualty to save the persons from danger caused by 16
the collision, accident, or casualty, to the extent the operator can do so without serious 17
danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 18
(II) GIVE the operator’s name, address, and the identification of the 19
operator’s vessel to any person injured and to the owner of any property damaged. 20
(2) The duties imposed by this subsection are in addition to any duties 21
otherwise imposed by law. 22
(3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 23
SUBJECT TO IMPRISONM ENT NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING 24
$500 OR BOTH. 25
[(b)] (C) If an accident involves any vessel subject to this subtitle while on the 26
waters of the State and results in the death, disappearance, or injury of any person or in 27
property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 28
file with the Department a full description of the accident, including any information the 29
Department requires by regulation. If the operator is unable to file the report, the vessel 30
owner shall file the report. If the accident caused the death or disappearance of any person 31
or a person receives medical treatment beyond first aid, the report shall be made within 48 32
hours. Any other accident resulting in personal injury or property damage shall be reported 33
within 10 days. This subsection does not apply to a vessel required to have a certificate of 34
inspection under Chapter 1, Title 46, Code of Federal Regulations. 35
[(c)] (D) If any vessel numbered in the State is involved in an accident on waters 36
outside of the State, and the accident results in the death, disappearance, or injury of any 37 4 SENATE BILL 123
person or in property damage of $2,000 or more, the operator or owner, within 30 days, 1
shall file a complete report with the Department including any information the Department 2
requires by regulation. This subsection does not exempt or excuse any operator or owner 3
from the requirements of any federal or other state law or rule or regulation having 4
jurisdiction over the waters in which the accident occurs. Furthermore, any 5
accident–reporting requirement in the federal or other state law or rule or regulation may 6
not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 7
State to report the accident in the State. 8
[(d)] (E) The required report of a boating accident may not be referred to during 9
any judicial proceeding. It is not subject to subpoena or admissible as evidence in any 10
proceeding. Subject to these restrictions, information contained in a boating accident report 11
and any statistical information based on the report is available on request for official 12
purposes to the U.S. Coast Guard and its successor agency. 13
[(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 14
gratuitously and in good faith renders or attempts to render assistance to any vessel in 15
distress on any waters of the State without objection from any person assisted, is not liable 16
for any civil damage as the result of any act or omission by the person in rendering 17
assistance, if the act or omission does not amount to gross negligence. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20