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Bill Summary · HB 764

Summary — HB 764: Establish Death (and Serious Injury) by Reckless Boating

Status: Passed 1st Reading (Introduced Nov 12, 2024)
Primary subject areas: Boating; Crimes; Death & Dying; Public Recreation & Leisure; Homicide; Boats & Watercraft

Purpose / Intent

HB 764 creates discrete criminal offenses for deaths and serious injuries caused by reckless operation of a vessel. The bill is intended to provide statutory categories and sanctions for harmful conduct on the water that results from reckless (but not alcohol- or drug-impaired) operation, and to clarify prosecution options distinct from manslaughter or other existing offenses.

Key provisions

  • Adds a new section (proposed G.S. 75A‑10.4) to Chapter 75A establishing four new offenses:
    • Death by Reckless Boating — unintentional death caused while the operator was recklessly operating a vessel (not impaired).
    • Serious Injury by Reckless Boating — unintentional serious bodily injury under the same conditions.
    • Aggravated Death by Reckless Boating — as “Death by Reckless Boating” plus a prior conviction for reckless operation (G.S. 75A‑10(a)) within seven years.
    • Aggravated Serious Injury by Reckless Boating — analogous aggravated offense for serious injury with the same prior‑conviction requirement.
  • Each offense requires that the operator was engaged in conduct meeting the existing statutory standard for “recklessly operating a vessel” (G.S. 75A‑10(a)), that the operator was not engaged in impaired boating (G.S. 75A‑10(b1)), and that the reckless conduct was the proximate cause of the death or serious injury.
  • Penalties (classification under North Carolina law):
    • Death by Reckless Boating — Class A1 misdemeanor.
    • Serious Injury by Reckless Boating — Class 1 misdemeanor.
    • Aggravated Death by Reckless Boating — Class F felony.
    • Aggravated Serious Injury by Reckless Boating — Class I felony.
    • (Sentencing ranges correspond to the established NC statutory sentencing structure for those classes.)
  • Double‑prosecution bar: a person placed in jeopardy for the new offense may not later be prosecuted for manslaughter arising from the same death, and vice versa.

Who or what is affected

  • Boat operators: individuals who operate vessels and whose reckless (non‑impaired) conduct causes death or serious injury.
  • Victims and families: provides a statutory offense specifically addressing deaths/serious injuries from reckless boating.
  • Criminal justice system: law enforcement, prosecutors and defense attorneys will apply new statutory elements and sentencing classifications; courts will interpret interplay with manslaughter and impaired‑boating statutes.
  • Regulatory/enforcement practices: may affect investigation priorities (e.g., determining impairment versus recklessness) and charging decisions.

Procedural / timeline aspects

  • The bill text places the new section in Article 1 of Chapter 75A.
  • Effective date in the bill text: becomes effective December 1, 2025, and applies to offenses committed on or after that date.

Notes / context

  • The bill relies on existing definitions and standards in G.S. 75A‑10(a) (reckless operation) and 75A‑10(b1) (impaired boating); it specifically excludes impaired‑boating cases from these new offenses.
  • By creating specified misdemeanor and felony classes for reckless boating outcomes, the statute provides an explicit alternative charging option separate from traditional homicide or manslaughter statutes.

Compiled from official sources — confirm details with the bill’s official record.

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