Maryland 2025 Regular Session

Maryland Senate Bill SB123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		sb0123
10	9
11	10		SENATE BILL 123
12		-	M1, E1 (5lr0619)
13		-	ENROLLED BILL
14		-	— Judicial Proceedings/Judiciary —
15		-	Introduced by Senator Simonaire
16		-
17		-	Read and Examined by Proofreaders:
18		-
19		-	_______________________________________________
20		-	Proofreader.
21		-	_______________________________________________
22		-	Proofreader.
23		-
24		-	Sealed with the Great Seal and presented to the Governor, for his approval this
25		-
26		-	_______ day of _______________ at _________________ _______ o’clock, ________M.
27		-
28		-	______________________________________________
29		-	President.
	11	+	M1, E1 5lr0619
	12	+	SB 585/24 – JPR (PRE–FILED) CF HB 676
	13	+	By: Senator Simonaire
	14	+	Requested: May 18, 2024
	15	+	Introduced and read first time: January 8, 2025
	16	+	Assigned to: Judicial Proceedings
	17	+	Committee Report: Favorable
	18	+	Senate action: Adopted
	19	+	Read second time: January 24, 2025
30	20
31	21		CHAPTER ______
32	22
33	23		AN ACT concerning 1
34	24
35		-	Boating Accidents – Duty to Remain ~~Stop~~ at the Scene, Render Assistance, and 2
	25	+	Boating Accidents – Duty to Remain at the Scene, Render Assistance, and 2
36	26		Provide Information – Penalties 3
37	27
38	28		FOR the purpose of requiring the operator of a vessel involved in a collision, accident, or 4
39		-	other casualty to return to and remain at ~~stop~~ the ~~vessel as close as possible to the~~ 5
40		-	~~scene of the collision, accident, or~~ casualty until the operator has rendered certain 6
41		-	~~assistance and provided certain~~ information; establishing criminal penalties for the 7
42		-	~~operator of a vessel involved in~~ a collision, accident, or other casualty who does not 8
43		-	~~take certain actions; and~~ generally relating to the operator of a vessel involved in a 9
44		-	~~collision, accident, or other~~ casualty. 10
	29	+	other casualty to return to and remain at the scene of the collision, accident, or 5
	30	+	casualty until the operator has rendered certain assistance and provided certain 6
	31	+	information; establishing criminal penalties for the operator of a vessel involved in 7
	32	+	a collision, accident, or other casualty who does not take certain actions; and 8
	33	+	generally relating to the operator of a vessel involved in a collision, accident, or other 9
	34	+	casualty. 10
45	35
46	36		BY repealing and reenacting, with amendments, 11
47	37		Article – Natural Resources 12
48	38		Section 8–724 13
49		-	Annotated Code of Maryland 14 2 SENATE BILL 123
	39	+	Annotated Code of Maryland 14
	40	+	(2023 Replacement Volume and 2024 Supplement) 15
	41	+
	42	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
	43	+	That the Laws of Maryland read as follows: 17
	44	+
	45	+	Article – Natural Resources 18
	46	+
	47	+	8–724. 19
	48	+	2 SENATE BILL 123
50	49
51	50
52		-	(2023 Replacement Volume and 2024 Supplement) 1
	51	+	(a) (1) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 1
	52	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 2
	53	+	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 3
	54	+	SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY . 4
53	55
54		-	SECTION 1. BE IT ENACTED BY THE GENE RAL ASSEMBLY OF MARYLAND, 2
55		-	That the Laws of Maryland read as follows: 3
	56	+	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 5
	57	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 6
	58	+	PERSON IMMEDIATELY S HALL RETURN TO A ND REMAIN AT THE SCE NE OF THE 7
	59	+	COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 8
	60	+	WITH SUBSECTION (B) OF THIS SECTION. 9
56	61
57		-	Article – Natural Resources 4
	62	+	(2) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 10
	63	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 11
	64	+	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 12
	65	+	SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY . 13
58	66
59		-	8–724. 5
	67	+	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 14
	68	+	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 15
	69	+	PERSON IMMEDIATELY SHA LL RETURN TO AND REM AIN AT THE SCENE OF THE 16
	70	+	COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 17
	71	+	WITH SUBSECTION (B) OF THIS SECTION. 18
60	72
61		-	(a) (1) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 6
62		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 7
63		-	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 8
64		-	SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 9
65		-	SUBSECTION (B) OF THIS SECTION. 10
	73	+	(3) (I) IN THIS PARAGRAPH , “SERIOUS BODILY INJUR Y” MEANS AN 19
	74	+	INJURY THAT: 20
66	75
67		-	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 11
68		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 12
69		-	PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 13
70		-	COLLISION, ACCIDENT, OR OTHER CASUALTY UNTIL THE OP ERATOR HAS COMPLIED 14
71		-	WITH SUBSECTION (B) OF THIS SECTION. 15
	76	+	1. CREATES A SUBSTANTIAL RISK OF DEATH; 21
72	77
73		-	(2) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 16
74		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 17
75		-	PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 18
76		-	SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 19
77		-	SUBSECTION (B) OF THIS SECTION. 20
	78	+	2. CAUSES SERIOUS PERMAN ENT OR SERIOUS 22
	79	+	PROTRACTED DISFIGURE MENT; 23
78	80
79		-	(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 21
80		-	ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 22
81		-	PERSON IMMEDIATEL Y SHALL RETURN TO AN D REMAIN AT THE SCEN E OF THE 23
82		-	COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 24
83		-	WITH SUBSECTION (B) OF THIS SECTION. 25
	81	+	3. CAUSES SERIOUS PERMAN ENT OR SERIOUS 24
	82	+	PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 25
	83	+	FACULTY; OR 26
84	84
85		-	~~(3) (I) IN THIS PARAGRAPH , “~~SERIOUS ~~BODILY INJUR Y”~~ ~~MEANS AN 26~~
86		-	~~INJURY THAT:~~ 27
	85	+	4. CAUSES SERIOUS PER MANENT OR SERIOUS 27
	86	+	PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORG AN. 28
87	87
88		-	1. CREATES A SUBST ANTIAL RISK OF DEATH ; 28
	88	+	(II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 29
	89	+	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 30
	90	+	THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 1 YEAR OR A FINE 31
	91	+	NOT EXCEEDING $3,000 OR BOTH. 32
89	92
90		-	2. CAUSES SERIOUS PERMAN ENT OR SERIOUS 29
91		-	PROTRACTED DISFIGURE MENT; 30
	93	+	2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 33 SENATE BILL 123 3
92	94
93		-	3. CAUSES SERIOUS PERMAN ENT OR SERIOUS 31
94		-	PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 32
95		-	FACULTY; OR 33 SENATE BILL 123 3
	95	+
	96	+	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 1
	97	+	THIS SUBSECTION IS S UBJECT TO IMPRISONME NT NOT EXCEEDING 5 YEARS OR A 2
	98	+	FINE NOT EXCEEDING $5,000 OR BOTH. 3
	99	+
	100	+	(III) 1. A PERSON WHO VIOLATES THIS SUBSECTION AND 4
	101	+	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 5
	102	+	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOU S BODILY INJURY TO 6
	103	+	ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 7
	104	+	ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUB JECT TO 8
	105	+	IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 9
	106	+	BOTH. 10
	107	+
	108	+	2. A PERSON WHO VIOLATES THIS SUBSECTION AND 11
	109	+	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 12
	110	+	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHER 13
	111	+	PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 14
	112	+	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 15
	113	+	YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 16
	114	+
	115	+	(B) (1) The operator of a vessel involved in a collision, accident, or other 17
	116	+	casualty shall [render]: 18
	117	+
	118	+	(I) RENDER all practical and necessary assistance to persons 19
	119	+	affected by the collision, accident, or casualty to save the persons from danger caused by 20
	120	+	the collision, accident, or casualty, to the extent the operator can do so without serious 21
	121	+	danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 22
	122	+
	123	+	(II) GIVE the operator’s name, address, and the identification of the 23
	124	+	operator’s vessel to any person injured and to the owner of any property damaged. 24
	125	+
	126	+	(2) The duties imposed by this subsection are in addition to any duties 25
	127	+	otherwise imposed by law. 26
	128	+
	129	+	(3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 27
	130	+	SUBJECT TO IMPRISONM ENT NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING 28
	131	+	$500 OR BOTH. 29
	132	+
	133	+	[(b)] (C) If an accident involves any vessel subject to this subtitle while on the 30
	134	+	waters of the State and results in the death, disappearance, or injury of any person or in 31
	135	+	property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 32
	136	+	file with the Department a full description of the accident, including any information the 33
	137	+	Department requires by regulation. If the operator is unable to file the report, the vessel 34
	138	+	owner shall file the report. If the accident caused the death or disappearance of any person 35
	139	+	or a person receives medical treatment beyond first aid, the report shall be made within 48 36 4 SENATE BILL 123
	140	+
	141	+
	142	+	hours. Any other accident resulting in personal injury or property damage shall be reported 1
	143	+	within 10 days. This subsection does not apply to a vessel required to have a certificate of 2
	144	+	inspection under Chapter 1, Title 46, Code of Federal Regulations. 3
	145	+
	146	+	[(c)] (D) If any vessel numbered in the State is involved in an accident on waters 4
	147	+	outside of the State, and the accident results in the death, disappearance, or injury of any 5
	148	+	person or in property damage of $2,000 or more, the operator or owner, within 30 days, 6
	149	+	shall file a complete report with the Department including any information the Department 7
	150	+	requires by regulation. This subsection does not exempt or excuse any operator or owner 8
	151	+	from the requirements of any federal or other state law or rule or regulation having 9
	152	+	jurisdiction over the waters in which the accident occurs. Furthermore, any 10
	153	+	accident–reporting requirement in the federal or other state law or rule or regulation may 11
	154	+	not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 12
	155	+	State to report the accident in the State. 13
	156	+
	157	+	[(d)] (E) The required report of a boating accident may not be referred to during 14
	158	+	any judicial proceeding. It is not subject to subpoena or admissible as evidence in any 15
	159	+	proceeding. Subject to these restrictions, information contained in a boating accident report 16
	160	+	and any statistical information based on the report is available on request for official 17
	161	+	purposes to the U.S. Coast Guard and its successor agency. 18
	162	+
	163	+	[(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 19
	164	+	gratuitously and in good faith renders or attempts to render assistance to any vessel in 20
	165	+	distress on any waters of the State without objection from any person assisted, is not liable 21
	166	+	for any civil damage as the result of any act or omission by the person in rendering 22
	167	+	assistance, if the act or omission does not amount to gross negligence. 23
	168	+
	169	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
	170	+	October 1, 2025. 25
96	171
97	172
98	173
99		-	4. CAUSES SERIOUS PERMAN ENT OR SERIO US 1
100		-	PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORG AN. 2
101	174
102		-	(II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 3
103		-	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 4
104		-	THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT 5
105		-	TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $3,000 OR 6
106		-	BOTH. 7
107		-
108		-	2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 8
109		-	THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 9
110		-	THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT 10
111		-	TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 11
112		-	BOTH. 12
113		-
114		-	(III) 1. A PERSON WHO VIOLATES THIS SUBSECTION AND 13
115		-	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 14
116		-	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOUS BODIL Y INJURY TO 15
117		-	ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 16
118		-	ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUB JECT TO 17
119		-	IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 18
120		-	BOTH. 19
121		-
122		-	2. A PERSON W HO VIOLATES THIS SUB SECTION AND 20
123		-	WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 21
124		-	ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHER 22
125		-	PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 23
126		-	FELONY AND ON CONVIC TION IS SUBJECT TO IMPRISONMEN T NOT EXCEEDING 10 24
127		-	YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 25
128		-
129		-	(B) (1) The operator of a vessel involved in a collision, accident, or other 26
130		-	casualty shall [render]: 27
131		-
132		-	(I) RENDER all practical and necessary assistance to persons 28
133		-	affected by the collision, accident, or casualty to save the persons from danger caused by 29
134		-	the collision, accident, or casualty, to the extent the operator can do so without serious 30
135		-	danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 31
136		-
137		-	(II) GIVE the operator’s name, address, and the identification of the 32
138		-	operator’s vessel to any person injured and to the owner of any property damaged. 33
139		-
140		-	(2) The duties imposed by this subsection are in addition to any duties 34
141		-	otherwise imposed by law. 35 4 SENATE BILL 123
142		-
143		-
144		-
145		-	(3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 1
146		-	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPRISONM ENT 2
147		-	NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 3
148		-
149		-	[(b)] (C) If an accident involves any vessel subject to this subtitle while on the 4
150		-	waters of the State and results in the death, disappearance, or injury of any person or in 5
151		-	property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 6
152		-	file with the Department a full description of the accident, including any information the 7
153		-	Department requires by regulation. If the operator is unable to file the report, the vessel 8
154		-	owner shall file the report. If the accident caused the death or disappearance of any person 9
155		-	or a person receives medical treatment beyond first aid, the report shall be made within 48 10
156		-	hours. Any other accident resulting in personal injury or property damage shall be reported 11
157		-	within 10 days. This subsection does not apply to a vessel required to have a certificate of 12
158		-	inspection under Chapter 1, Title 46, Code of Federal Regulations. 13
159		-
160		-	[(c)] (D) If any vessel numbered in the State is involved in an accident on waters 14
161		-	outside of the State, and the accident results in the death, disappearance, or injury of any 15
162		-	person or in property damage of $2,000 or more, the operator or owner, within 30 days, 16
163		-	shall file a complete report with the Department including any information the Department 17
164		-	requires by regulation. This subsection does not exempt or excuse any operator or owner 18
165		-	from the requirements of any federal or other state law or rule or regulation having 19
166		-	jurisdiction over the waters in which the accident occurs. Furthermore, any 20
167		-	accident–reporting requirement in the federal or other state law or rule or regulation may 21
168		-	not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 22
169		-	State to report the accident in the State. 23
170		-
171		-	[(d)] (E) The required report of a boating accident may not be referred to during 24
172		-	any judicial proceeding. It is not subject to subpoena or admissible as evidence in any 25
173		-	proceeding. Subject to these restrictions, information contained in a boating accident report 26
174		-	and any statistical information based on the report is available on request for official 27
175		-	purposes to the U.S. Coast Guard and its successor agency. 28
176		-
177		-	[(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 29
178		-	gratuitously and in good faith renders or attempts to render assistance to any vessel in 30
179		-	distress on any waters of the State without objection from any person assisted, is not liable 31
180		-	for any civil damage as the result of any act or omission by the person in rendering 32
181		-	assistance, if the act or omission does not amount to gross negligence. 33
182		-
183		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
184		-	October 1, 2025. 35
	175	+	Approved:
	176	+	________________________________________________________________________________
	177	+	Governor.
	178	+	________________________________________________________________________________
	179	+	President of the Senate.
	180	+	________________________________________________________________________________
	181	+	Speaker of the House of Delegates.