HB195: HB195 Watercraft; require probable cause for summonses and boarding vessels

Georgia law currently lets officers enforcing boating rules stop, board, and inspect vessels to check for violations of state boating laws or Department of Natural Resources regulations. House Bill 195 rewrites part of that law (O.C.G.A. § 52-7-25) to add a probable cause requirement before an officer can board a vessel or issue a summons for a boating violation. The bill also gives itself a short title, the 'Constitutional Rights for Hunters and Boaters Act.' It revises the sections covering boarding vessels for document and safety equipment checks, warrantless searches of vessels not at their mooring, and inspections of marine toilets and holding tanks, tying all of these enforcement powers to a probable cause standard. The bill repeals any conflicting laws and does not list a delayed effective date, so it would take effect under Georgia's standard rules once signed.

• Requires officers enforcing Georgia's watercraft laws to have probable cause before boarding a vessel or issuing a summons for a violation, under O.C.G.A. § 52-7-25(a).
• Revises the rule letting officers board vessels to check documents and safety equipment, tying that power to a probable cause standard under subsection (b)(4).
• Revises the rule on warrantless searches of vessels not at their regular mooring, requiring probable cause that a boating law or rule was violated.
• Revises the marine toilet and holding tank inspection rule so officers must have probable cause before boarding or searching a vessel for those violations under subsection (b)(4.1).
• Gives the bill the short title 'Constitutional Rights for Hunters and Boaters Act.'
• Repeals any existing Georgia laws that conflict with these changes.

Boaters and vessel owners operating on Georgia's waterways, and the law enforcement officers and Department of Natural Resources personnel who enforce boating registration, operation, and equipment rules under O.C.G.A. § 52-7-25.

If enacted, officers would need a specific, articulable reason to suspect a violation before boarding a boat or issuing a citation, rather than broader discretion. This could change how often and under what circumstances boaters are stopped and inspected on Georgia waters.

• Section 1 names the bill the 'Constitutional Rights for Hunters and Boaters Act.'
• Section 2 revises subsection (a) of O.C.G.A. § 52-7-25 to require probable cause before an officer boards a vessel or issues a summons for a violation.
• Section 2 also revises paragraph (b)(4), requiring probable cause before boarding a vessel to check documents and safety equipment or conducting a warrantless search of a vessel not at its mooring.
• Section 2 revises paragraph (b)(4.1) to require probable cause before boarding or searching a vessel to inspect marine toilets, holding tanks, and related compliance records.
• Section 3 repeals any conflicting Georgia laws.

1. 2025-02-04House Second Readers (House)
2. 2025-02-03House First Readers (House)
3. 2025-01-30House Hopper (House)

• Jordan Ridley (R, HD-022)Primary sponsor
• Jason Ridley (R, HD-006)
• Mitchell Horner (R, HD-003)
• Steve Tarvin (R, HD-002)
• Matt Reeves (R, HD-099)
• Noelle Kahaian (R, HD-081)

• boating regulations
• law enforcement powers
• probable cause
• watercraft laws
• search and seizure