State Sen. Greg Barkus, R-Kalispell, will plead no contest to felony criminal endangerment in exchange for the dismissal of two other felony charges related to a 2009 boat crash that injured five people.

The plea agreement, filed late Tuesday in Flathead District Court, requires the approval of Malta District Judge John McKeon, who is presiding over the case.

It calls for a three-year deferred sentence for criminal endangerment plus the dismissal of two counts of felony negligent vehicular assault. Prosecutors also have agreed to approve unsupervised probation for Barkus, according to the agreement.

The maximum penalty for criminal endangerment is 10 years in prison and a fine of up to $50,000. Each of the assault charges carries a maximum penalty of up to 10 years in prison and a fine of $10,000.

The agreement has been signed by Barkus, his attorney Todd Glazier and Flathead County Attorney Ed Corrigan.

A change-of-plea hearing has not yet been scheduled.

If McKeon accepts the plea agreement, Barkus will have the criminal endangerment conviction expunged from his record as long he doesn’t commit any crimes during the term of the deferred sentence. He also would serve no prison time.

Barkus also has agreed to pay $4,000 in restitution.

Barkus was charged after a Aug. 27, 2009, late-night boat crash on Flathead Lake.

Prosecutors alleged Barkus had a blood alcohol content of .16 — twice the legal limit — hours after crashing his boat into a rocky shoreline at Wayfarers State Park just south of Bigfork.

Barkus was injured along with his wife, U.S. Rep. Denny Rehberg and two members of Rehberg’s staff.

Rehberg’s state director, Dustin Frost, was the most severely injured and was in a coma for about 10 days after the crash. He underwent intensive physical therapy and was cleared to return to work about three months after the crash.

Rehberg suffered cracked ribs and a fractured eye socket and his left leg bone was sheared just above his foot. Rehberg has said the only thing holding the foot on was his cowboy boot.

Rehberg’s deputy chief of staff, Kristin Smith, suffered several broken bones and Barkus suffered a broken pelvis along with several other injuries.

By pleading no contest, Barkus retains the right to withdraw his plea and go to trial if McKeon doesn’t impose the sentence recommended in the plea agreement.

Barkus had been scheduled to go to trial in Flathead District Court Nov. 29.