Outcome of court case involving fatal Brick boating accident helped spur action on legislation
A bill that would increase the penalties for leaving the scene of a boating accident that results in a serious or fatal injury passed a state Senate panel Monday.
The legislation, sponsored by Sen. James Holzapfel (R-Ocean) would plug what many say is a hole in the law that subjects those who leave the scene of such accidents to a fine of just $25, compared with potential jail time if the accident had occurred in an automobile rather than a boat. The bill was approved Monday by the Senate's Law and Public Safety Committee.
Holzapfel's bill changes the law to make the penalties for leaving the scene of a serious or fatal boat accident the same as doing so in an automobile accident. If the 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.
"Jail time is a necessary punishment for offenders who knowingly leave the scene of the accident," Holzapfel said in a statement Monday afternoon. "We want our residents to put safety first when heading out onto the water and understand that they are responsible for their craft and searching for other injured parties."
The legislation was introduced, he said, in response to a 2008 fatal boating accident on the Metedeconk River in Brick.
In that accident, a 27-foot Imperial performance boat collided with a 17-foot Boston Whaler, killing Essex Fells resident Robert Post, who was at the helm of the Whaler. The Imperial, being operated by Anthony DiGilio of Brick, did not stop or render assistance.
DiGilio would later tell authorities he did not know he hit another boat. He was eventually charged with vehicular homicide but was acquitted following a trial that concluded April 23.
DiGilio did not face a charge of leaving the scene of an accident, however the maximum penalty if he was convicted would have been the $25 fine.
Holzapfel's legislation had languished for several years before the conclusion of the DiGilio case, at which point it picked up steam. The chairman of the Senate's Law and Public Safety Committee, Sen. Donald Norcross (D-Camden, Gloucester) eventually co-sponsored the bill.
Robert Post's widow, Bonnie Post, testified at Monday's Senate hearing, Holzapfel's office said.
A companion bill is pending in the state General Assembly.
Welcome to the United States Coast Guard Auxiliary Division 12 First Southern Region.