Bill Summary for H 764 (2025-2026)

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Summary date: 

Apr 7 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 764 (Public) Filed Thursday, April 3, 2025
AN ACT TO ESTABLISH THE OFFENSE OF DEATH OR SERIOUS INJURY BY RECKLESS BOATING.
Intro. by Logan, Setzer, Carney, Helfrich.

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Bill summary

Enacts new GS 75A-10.4 establishing the following crimes. Establishes death by reckless boarding, a Class A1 misdemeanor, as when: (1) the person unintentionally causes the death of another person while operating a vessel; (2) the person was engaged in an offense under of recklessly operating a vessel that was the proximate cause of death; and (3) the person was not engaged in the offense of impaired boating. Establishes serious injury by reckless boating, a Class 1 misdemeanor, as when: (1) the person unintentionally causes the serious injury of another person while operating a vessel; (2) the person was engaged in an offense for recklessly operating a vessel that was the proximate cause of the serious injury; and (3) the person was not engaged in the offense of impaired boating. Establishes aggravated death by reckless boating, a Class F felony, as when: (1) the person unintentionally causes the death of another person while operating a vessel; (2) the person was engaged in an offense for recklessly operating a vessel that is the proximate cause of the death; (3) the person was not engaged in the offense of impaired boating; and (4) the person has a previous conviction for recklessly operating a vessel within seven years of the date of the offense. Establishes aggravated serious injury by reckless boating, a Class I felony, as when: (1) the person unintentionally causes the serious injury of another person while operating a vessel; (2) the person was engaged in an offense for recklessly operating a vessel that is the proximate cause of the serious injury; (3) the person was not engaged in the offense of impaired boating; and (4) the person has a previous conviction for recklessly operating a vessel within seven years of the date of the offense. Prohibits prosecuting a person who has been charged with death by reckless boating for the offense of manslaughter arising out of the same death; and prohibits prosecuting a person charged with manslaughter for death by reckless boating arising out of the same death. Applies to offense committed on or after December 1, 2025.