Another Step Forward for 'Leaving the Scene' Boating Safety Law

An effort to toughen New Jersey's penalty for leaving the scene of a boating accident received a boost this week, with its successful referral out of a state Assembly committee.

The bill, inspired by a 2008 boating accident in Brick, would bring the penalties for leaving the scene of a boating accident that results in a person's death or serious injury in line with the same penalties that apply for car accidents.

As it stands now, while illegal, there is no set penalty for such an offense under state law which means someone convicted of leaving the scene would face no more than a $25 fine.

The bill passed the full state Senate 39-0 earlier this year and was passed by the Assembly Law and Public Safety Committee on Thursday. The bill must pass the full Assembly and be signed into law by Gov. Chris Christie before it becomes active.

The bill was sponsored by Assemblymen Dave Wolfe and Greg McGuckin (both R-Ocean) in the wake of a fatal boating accident in Brick that claimed the life of Robert Post, an Essex Fells resident who owned a summer home in Point Pleasant Borough.

In the case, a Brick man, Anthony DiGilio, then 29, was charged with operating his Imperial performance boat recklessly and then speeding away from the scene of the accident. Though his damaged boat was recovered and he eventually faced vehicular homicide charges, DiGilio was found not guilty in April 2013.

After the jury's verdict, interest in strengthening the "leaving the scene" law spiked and the bill – held up for years in the state legislature – began to move.

Under the proposed law, if an accident results in serious bodily injury, a person who leaves the scene could face a third degree criminal charge, punishable by three to five years in prison and a fine of up to $150,000. If the accident results in a person's death, the charge would be upgraded to the second degree, bringing with it a potential five to 10 year prison term and a fine of up to $250,000.