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.
*sb0123*
SENATE BILL 123
M1, E1 5lr0619
SB 585/24 – JPR (PRE–FILED) CF HB 676
By: Senator Simonaire
Requested: May 18, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: January 24, 2025
CHAPTER ______
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
2 SENATE BILL 123
(a) (1) (I) 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 STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 3
SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY . 4
(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 5
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 6
PERSON IMMEDIATELY S HALL RETURN TO A ND REMAIN AT THE SCE NE OF THE 7
COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 8
WITH SUBSECTION (B) OF THIS SECTION. 9
(2) (I) 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 STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 12
SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY . 13
(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 14
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 15
PERSON IMMEDIATELY SHA LL RETURN TO AND REM AIN AT THE SCENE OF THE 16
COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 17
WITH SUBSECTION (B) OF THIS SECTION. 18
(3) (I) IN THIS PARAGRAPH , “SERIOUS BODILY INJUR Y” MEANS AN 19
INJURY THAT: 20
1. CREATES A SUBSTANTIAL RISK OF DEATH; 21
2. CAUSES SERIOUS PERMAN ENT OR SERIOUS 22
PROTRACTED DISFIGURE MENT; 23
3. CAUSES SERIOUS PERMAN ENT OR SERIOUS 24
PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 25
FACULTY; OR 26
4. CAUSES SERIOUS PER MANENT OR SERIOUS 27
PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORG AN. 28
(II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 29
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 30
THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 1 YEAR OR A FINE 31
NOT EXCEEDING $3,000 OR BOTH. 32
2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 33 SENATE BILL 123 3
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 1
THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 5 YEARS OR A 2
FINE NOT EXCEEDING $5,000 OR BOTH. 3
(III) 1. A PERSON WHO VIOLATES THIS SUBSECTION AND 4
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 5
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOU S BODILY INJURY TO 6
ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 7
ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUB JECT TO 8
IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 9
BOTH. 10
2. A PERSON WHO VIOLATES THIS SUBSECTION AND 11
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 12
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHER 13
PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 14
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 15
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 16
(B) (1) The operator of a vessel involved in a collision, accident, or other 17
casualty shall [render]: 18
(I) RENDER all practical and necessary assistance to persons 19
affected by the collision, accident, or casualty to save the persons from danger caused by 20
the collision, accident, or casualty, to the extent the operator can do so without serious 21
danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 22
(II) GIVE the operator’s name, address, and the identification of the 23
operator’s vessel to any person injured and to the owner of any property damaged. 24
(2) The duties imposed by this subsection are in addition to any duties 25
otherwise imposed by law. 26
(3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 27
SUBJECT TO IMPRISONM ENT NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING 28
$500 OR BOTH. 29
[(b)] (C) If an accident involves any vessel subject to this subtitle while on the 30
waters of the State and results in the death, disappearance, or injury of any person or in 31
property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 32
file with the Department a full description of the accident, including any information the 33
Department requires by regulation. If the operator is unable to file the report, the vessel 34
owner shall file the report. If the accident caused the death or disappearance of any person 35
or a person receives medical treatment beyond first aid, the report shall be made within 48 36 4 SENATE BILL 123
hours. Any other accident resulting in personal injury or property damage shall be reported 1
within 10 days. This subsection does not apply to a vessel required to have a certificate of 2
inspection under Chapter 1, Title 46, Code of Federal Regulations. 3
[(c)] (D) If any vessel numbered in the State is involved in an accident on waters 4
outside of the State, and the accident results in the death, disappearance, or injury of any 5
person or in property damage of $2,000 or more, the operator or owner, within 30 days, 6
shall file a complete report with the Department including any information the Department 7
requires by regulation. This subsection does not exempt or excuse any operator or owner 8
from the requirements of any federal or other state law or rule or regulation having 9
jurisdiction over the waters in which the accident occurs. Furthermore, any 10
accident–reporting requirement in the federal or other state law or rule or regulation may 11
not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 12
State to report the accident in the State. 13
[(d)] (E) The required report of a boating accident may not be referred to during 14
any judicial proceeding. It is not subject to subpoena or admissible as evidence in any 15
proceeding. Subject to these restrictions, information contained in a boating accident report 16
and any statistical information based on the report is available on request for official 17
purposes to the U.S. Coast Guard and its successor agency. 18
[(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 19
gratuitously and in good faith renders or attempts to render assistance to any vessel in 20
distress on any waters of the State without objection from any person assisted, is not liable 21
for any civil damage as the result of any act or omission by the person in rendering 22
assistance, if the act or omission does not amount to gross negligence. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2025. 25
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.