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.
Italics indicate opposite chamber/conference committee amendments.
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SENATE BILL 123
M1, E1 (5lr0619)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senator Simonaire
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 123
(2023 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENE RAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Natural Resources 4
8–724. 5
(a) (1) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 6
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 7
PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 8
SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 9
SUBSECTION (B) OF THIS SECTION. 10
(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 11
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN BODILY INJURY TO ANOTHER 12
PERSON IMMEDIATELY S HALL RETURN TO AND R EMAIN AT THE SCENE O F THE 13
COLLISION, ACCIDENT, OR OTHER CASUALTY UNTIL THE OP ERATOR HAS COMPLIED 14
WITH SUBSECTION (B) OF THIS SECTION. 15
(2) (I) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 16
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 17
PERSON IMMEDIATELY S HALL STOP THE VESSEL AS CLOSE AS POSSIBLE TO THE 18
SCENE OF THE COLLISI ON, ACCIDENT, OR OTHER CASUALTY TO COMPLY WITH 19
SUBSECTION (B) OF THIS SECTION. 20
(II) THE OPERATOR OF A VES SEL INVOLVED IN A CO LLISION, 21
ACCIDENT, OR OTHER CASUALTY TH AT RESULTS IN THE DE ATH OF ANOTHER 22
PERSON IMMEDIATEL Y SHALL RETURN TO AN D REMAIN AT THE SCEN E OF THE 23
COLLISION, ACCIDENT, OR OTHER CASUALTY UN TIL THE OPERATOR HAS COMPLIED 24
WITH SUBSECTION (B) OF THIS SECTION. 25
(3) (I) IN THIS PARAGRAPH , “SERIOUS BODILY INJUR Y” MEANS AN 26
INJURY THAT: 27
1. CREATES A SUBST ANTIAL RISK OF DEATH ; 28
2. CAUSES SERIOUS PERMAN ENT OR SERIOUS 29
PROTRACTED DISFIGURE MENT; 30
3. CAUSES SERIOUS PERMAN ENT OR SERIOUS 31
PROTRACTED LOSS OF T HE FUNCTION OF ANY B ODY PART, ORGAN, OR MENTAL 32
FACULTY; OR 33 SENATE BILL 123 3
4. CAUSES SERIOUS PERMAN ENT OR SERIO US 1
PROTRACTED IMPAIRMEN T OF THE FUNCTION OF ANY BODY PART OR ORG AN. 2
(II) 1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 3
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (1) OF 4
THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT 5
TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $3,000 OR 6
BOTH. 7
2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 8
THIS PARAGRAPH , A PERSON CONVICTED O F A VIOLATION OF PAR AGRAPH (2) OF 9
THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT 10
TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 11
BOTH. 12
(III) 1. A PERSON WHO VIOLATES THIS SUBSECTION AND 13
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 14
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN SERIOUS BODIL Y INJURY TO 15
ANOTHER PERSON AND S ERIOUS BODILY INJURY ACTUALLY OCCURRED TO 16
ANOTHER PERSON IS GU ILTY OF A FELONY AND ON CONVICTION IS SUB JECT TO 17
IMPRISONMENT NOT EXC EEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR 18
BOTH. 19
2. A PERSON W HO VIOLATES THIS SUB SECTION AND 20
WHO KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT THE COLLISION , 21
ACCIDENT, OR OTHER CASUALTY MI GHT RESULT IN THE DE ATH OF ANOTHER 22
PERSON AND DEATH ACT UALLY OCCURRED TO AN OTHER PERSON IS GUIL TY OF A 23
FELONY AND ON CONVIC TION IS SUBJECT TO IMPRISONMEN T NOT EXCEEDING 10 24
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 25
(B) (1) The operator of a vessel involved in a collision, accident, or other 26
casualty shall [render]: 27
(I) RENDER all practical and necessary assistance to persons 28
affected by the collision, accident, or casualty to save the persons from danger caused by 29
the collision, accident, or casualty, to the extent the operator can do so without serious 30
danger to the operator’s own vessel, or persons aboard[. The operator also shall give]; AND 31
(II) GIVE the operator’s name, address, and the identification of the 32
operator’s vessel to any person injured and to the owner of any property damaged. 33
(2) The duties imposed by this subsection are in addition to any duties 34
otherwise imposed by law. 35 4 SENATE BILL 123
(3) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION IS 1
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPRISONM ENT 2
NOT EXCEEDING 2 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 3
[(b)] (C) If an accident involves any vessel subject to this subtitle while on the 4
waters of the State and results in the death, disappearance, or injury of any person or in 5
property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall 6
file with the Department a full description of the accident, including any information the 7
Department requires by regulation. If the operator is unable to file the report, the vessel 8
owner shall file the report. If the accident caused the death or disappearance of any person 9
or a person receives medical treatment beyond first aid, the report shall be made within 48 10
hours. Any other accident resulting in personal injury or property damage shall be reported 11
within 10 days. This subsection does not apply to a vessel required to have a certificate of 12
inspection under Chapter 1, Title 46, Code of Federal Regulations. 13
[(c)] (D) If any vessel numbered in the State is involved in an accident on waters 14
outside of the State, and the accident results in the death, disappearance, or injury of any 15
person or in property damage of $2,000 or more, the operator or owner, within 30 days, 16
shall file a complete report with the Department including any information the Department 17
requires by regulation. This subsection does not exempt or excuse any operator or owner 18
from the requirements of any federal or other state law or rule or regulation having 19
jurisdiction over the waters in which the accident occurs. Furthermore, any 20
accident–reporting requirement in the federal or other state law or rule or regulation may 21
not exonerate or excuse any failure of the operator or owner of a vessel numbered in the 22
State to report the accident in the State. 23
[(d)] (E) The required report of a boating accident may not be referred to during 24
any judicial proceeding. It is not subject to subpoena or admissible as evidence in any 25
proceeding. Subject to these restrictions, information contained in a boating accident report 26
and any statistical information based on the report is available on request for official 27
purposes to the U.S. Coast Guard and its successor agency. 28
[(e)] (F) Any person who complies with subsection [(a)] (B) of this section or who 29
gratuitously and in good faith renders or attempts to render assistance to any vessel in 30
distress on any waters of the State without objection from any person assisted, is not liable 31
for any civil damage as the result of any act or omission by the person in rendering 32
assistance, if the act or omission does not amount to gross negligence. 33
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
October 1, 2025. 35