North Carolina 2025-2026 Regular Session

North Carolina House Bill H764 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 764
	3	+	H D
	4	+	HOUSE BILL DRH10209-ML-108
	5	+
5	6
6	7
7	8		Short Title: Establish Death by Reckless Boating. (Public)
8		-	Sponsors: Representatives Logan, Setzer, Carney, and Helfrich (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 7, 2025
12		-	H764 -v-1
	9	+	Sponsors: Representative Logan.
	10	+	Referred to:
	11	+
	12	+	DRH10209 -ML-108
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO ESTABLISH THE OFFENSE OF DEATH OR SERIOUS INJURY BY 2
15	15		RECKLESS BOATING. 3
16	16		The General Assembly of North Carolina enacts: 4
17	17		SECTION 1. Article 1 of Chapter 75A of the General Statutes is amended by adding 5
18	18		a new section to read: 6
19	19		"§ 75A-10.4. Death or serious injury by reckless boating. 7
20	20		(a) Death by Reckless Boating. – A person commits the offense of death by reckless 8
21	21		boating if all of the following apply: 9
22	22		(1) The person unintentionally causes the death of another person while operating 10
23	23		a vessel. 11
24	24		(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 12
25	25		operating a vessel. 13
26	26		(3) The person was not engaged in the offense of impaired boating under 14
27	27		G.S. 75A-10(b1). 15
28	28		(4) The commission of the offense in subdivision (2) of this subsection is the 16
29	29		proximate cause of the death. 17
30	30		(b) Serious Injury by Reckless Boating. – A person commits the offense of serious injury 18
31	31		by reckless boating if all of the following apply: 19
32	32		(1) The person unintentionally causes the serious injury of another person while 20
33	33		operating a vessel. 21
34	34		(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 22
35	35		operating a vessel. 23
36	36		(3) The person was not engaged in the offense of impaired boating under 24
37	37		G.S. 75A-10(b1). 25
38	38		(4) The commission of the offense in subdivision (2) of this subsection is the 26
39	39		proximate cause of the serious injury. 27
40	40		(c) Aggravated Death by Reckless Boating. – A person commits the offense of 28
41	41		aggravated death by reckless boating if all of the following apply: 29
42	42		(1) The person unintentionally causes the death of another person while operating 30
43	43		a vessel. 31
44	44		(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 32
45	45		operating a vessel. 33
46	46		(3) The person was not engaged in the offense of impaired boating under 34
47		-	G.S. 75A-10(b1). 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 764-First Edition
	47	+	G.S. 75A-10(b1). 35
	48	+	H.B. 764
	49	+	Apr 3, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH10209-ML-108
49	52		(4) The commission of the offense in subdivision (2) of this subsection is the 1
50	53		proximate cause of the death. 2
51	54		(5) The person has a previous conviction under G.S. 75A-10(a) for recklessly 3
52	55		operating a vessel within seven years of the date of the offense. 4
53	56		(d) Aggravated Serious Injury by Reckless Boating. – A person commits the offense of 5
54	57		aggravated serious injury by reckless boating if all of the following apply: 6
55	58		(1) The person unintentionally causes the serious injury of another person while 7
56	59		operating a vessel. 8
57	60		(2) The person was engaged in an offense under G.S. 75A-10(a) for recklessly 9
58	61		operating a vessel. 10
59	62		(3) The person was not engaged in the offense of impaired boating under 11
60	63		G.S. 75A-10(b1). 12
61	64		(4) The commission of the offense in subdivision (2) of this subsection is the 13
62	65		proximate cause of the serious injury. 14
63	66		(5) The person has a previous conviction under G.S. 75A-10(a) for recklessly 15
64	67		operating a vessel within seven years of the date of the offense. 16
65	68		(e) Punishments. – Unless the conduct is covered under some other provision of law 17
66	69		providing greater punishment, the following classifications apply to the offenses set forth in this 18
67	70		section: 19
68	71		(1) Death by reckless boating is a Class A1 misdemeanor. 20
69	72		(2) Serious injury by reckless boating is a Class 1 misdemeanor. 21
70	73		(3) Aggravated death by reckless boating is a Class F felony. 22
71	74		(4) Aggravated serious injury by reckless boating is a Class I felony. 23
72	75		(f) No Double Prosecutions. – No person who has been placed in jeopardy upon a charge 24
73	76		of death by reckless boating may be prosecuted for the offense of manslaughter arising out of the 25
74	77		same death; and no person who has been placed in jeopardy upon a charge of manslaughter may 26
75	78		be prosecuted for death by reckless boating arising out of the same death." 27
76	79		SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 28
77	80		committed on or after that date. 29