Text: HF00013 Text: HF00015 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 462A.14, Code 1995, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 462A.14 OPERATING A WATERCRAFT WHILE INTOXICATED &endash; 1 5 IMPLIED CONSENT TO TEST. 1 6 1. As used in this section: 1 7 a. "Chemical test" means an analysis of a person's blood, 1 8 breath, urine, or other bodily substance for the determination 1 9 of the presence of alcohol, a controlled substance, or a drug. 1 10 b. "Controlled substance" means controlled substance as 1 11 defined in section 124.101. 1 12 c. "Intoxicated" means the condition of a person who is 1 13 under the influence of alcohol, a controlled substance, a drug 1 14 other than alcohol or a controlled substance, or any 1 15 combination of alcohol, a controlled substance, or a drug 1 16 other than alcohol or a controlled substance, which impairs 1 17 thought and action and loss of normal control of the person's 1 18 faculties to an extent which endangers a person. 1 19 d. "Peace officer" means peace officer as defined in 1 20 section 801.4. 1 21 e. "Prima facie evidence of intoxication" includes 1 22 evidence that, at the time of an alleged violation, a person 1 23 had an alcohol concentration equal to or in excess of the 1 24 level specified in section 321J.2, subsection 1, paragraph 1 25 "b". 1 26 f. "Relevant evidence of intoxication" includes evidence 1 27 that, at the time of the alleged violation, a person had an 1 28 alcohol concentration of at least one-half, but not more than, 1 29 the level specified in section 321J.2, subsection 1, paragraph 1 30 "b". 1 31 g. "Watercraft" means a device for transportation by water 1 32 including a vessel, water skis, surfboard, or similar device 1 33 if the device is propelled by a motor or by sail. 1 34 2. a. A person who operates a watercraft while having an 1 35 alcohol concentration equal to or in excess of the level 2 1 specified in section 321J.2, subsection 1, paragraph "b", or 2 2 while intoxicated, commits a serious misdemeanor for the first 2 3 offense and shall be imprisoned in the county jail for not 2 4 less than forty-eight hours to be served as ordered by the 2 5 court, less credit for any time the person was confined in a 2 6 jail or detention facility following arrest, and assessed a 2 7 fine of not less than five hundred dollars. As an alternative 2 8 to a portion or all of the fine, the court may order the 2 9 person to perform not more than two hundred hours of unpaid 2 10 community service. 2 11 b. A person who violates this section and who has 2 12 previously been convicted of a violation of this section 2 13 within the previous six years commits an aggravated 2 14 misdemeanor and shall be imprisoned in the county jail or a 2 15 community-based correctional facility for not less than seven 2 16 days, which sentence shall not be suspended notwithstanding 2 17 section 901.5, subsection 3, and section 907.3, subsection 3, 2 18 and assessed a fine of not less than seven hundred fifty 2 19 dollars. 2 20 c. A person who violates this section commits a class "D" 2 21 felony and shall be imprisoned in the county jail for a 2 22 determinate sentence of not more than one year but not less 2 23 than thirty days, which shall not be suspended, 2 24 notwithstanding section 901.5, subsection 3, and section 2 25 907.3, subsection 3, or committed to the custody of the 2 26 director of the department of corrections, and assessed a fine 2 27 of not less than seven hundred fifty dollars in either of the 2 28 following cases: 2 29 (1) If the person has twice been previously convicted of a 2 30 violation of this section within the previous six years. 2 31 (2) If the offense results in serious bodily injury to 2 32 another person and the court determines that the person who 2 33 committed the offense caused the serious bodily injury. 2 34 d. A person who violates this section commits a class "C" 2 35 felony if the crime results in the death of another person and 3 1 the court determines that the person who committed the offense 3 2 caused the death. 3 3 e. A person who operates a watercraft after the person has 3 4 been ordered, pursuant to this section, not to operate a 3 5 watercraft commits a simple misdemeanor. 3 6 3. a. Except for a penalty imposed under subsection 2, 3 7 paragraph "e", in addition to a criminal penalty imposed for a 3 8 misdemeanor under this section, the court shall order the 3 9 person not to operate a watercraft for at least one year. 3 10 b. In addition to a criminal penalty imposed for a felony 3 11 under this section, the court shall order the person not to 3 12 operate a watercraft for at least two years. 3 13 4. a. A person who operates a watercraft in waters over 3 14 which this state has jurisdiction impliedly consents to submit 3 15 to the chemical test provisions of this section as a condition 3 16 of operating a watercraft in this state. If a person refuses 3 17 to submit to a chemical test under this section, the court 3 18 shall order the person not to operate a watercraft for at 3 19 least one year. 3 20 b. A peace officer who has probable cause to believe that 3 21 a person has committed an offense under this section shall 3 22 offer the person the opportunity to submit to a chemical test. 3 23 However, it is not necessary for the peace officer to offer a 3 24 chemical test to an unconscious person. A peace officer may 3 25 offer a person more than one chemical test under this section. 3 26 However, all tests must be administered within two hours after 3 27 the officer had probable cause to believe the person violated 3 28 this section. A person must submit to each chemical test 3 29 offered by a peace officer in order to comply with the implied 3 30 consent provisions of this section. 3 31 c. If the chemical test results in relevant evidence that 3 32 the person is intoxicated, the person may be arrested for an 3 33 offense under this section. If the chemical test results in 3 34 prima facie evidence that the person is intoxicated, the 3 35 person shall be arrested for an offense under this section. 4 1 d. A person who refuses to submit to a chemical test may 4 2 be arrested for an offense under this section. 4 3 e. At any proceeding under this section, a person's 4 4 refusal to submit to a chemical test is admissible into 4 5 evidence. 4 6 f. If a person refuses to submit to a chemical test under 4 7 this section, the peace officer shall inform the person that 4 8 the person's refusal will result in the suspension of the 4 9 person's watercraft operation privileges. 4 10 5. At any proceeding concerning an offense under this 4 11 section, evidence of the amount by weight of alcohol that was 4 12 in the blood of the person charged with the offense at the 4 13 time of the alleged violation, as shown by an analysis of the 4 14 person's blood, breath, urine, or other bodily substance, is 4 15 admissible. 4 16 EXPLANATION 4 17 This bill prohibits the operation of a watercraft by a 4 18 person who is intoxicated and imposes an implied consent to 4 19 test for those persons operating a watercraft similar to that 4 20 applied in chapter 321J to persons operating a motor vehicle. 4 21 A person who operates a watercraft while intoxicated commits a 4 22 serious misdemeanor for a first offense, an aggravated 4 23 misdemeanor for a second offense, a class "D" felony for a 4 24 third offense or if the offense resulted in a serious injury 4 25 to another caused by the offender, and a class "C" felony if 4 26 the offense resulted in the death of another and was caused by 4 27 the offender. In addition to criminal penalties, the court 4 28 shall order a person who commits a misdemeanor offense of 4 29 operating watercraft while intoxicated not to operate a 4 30 watercraft for at least one year. For a person who commits an 4 31 offense which is a felony the court shall order the person not 4 32 to operate a watercraft for two years. If a person refuses to 4 33 take a chemical test when requested by a peace officer, the 4 34 court shall order the person not to operate a watercraft for 4 35 one year. A person who violates an order not to operate a 5 1 watercraft commits a simple misdemeanor. 5 2 LSB 1124HH 76 5 3 lh/cf/24
Text: HF00013 Text: HF00015 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/00000/HF00014/950109.html
jhf