Text: HSB00214 Text: HSB00216 Text: HSB00200 - HSB00299 Text: HSB 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 DEFINITIONS &endash; OPERATING WHILE INTOXICATED.
1 5 As used in this section and sections 462A.14A and 462A.14B:
1 6 1. "Alcohol beverage" includes alcohol, wine, spirits,
1 7 beer, or any other beverage which contains ethyl alcohol and
1 8 is fit for human consumption.
1 9 2. "Alcohol concentration" means the number of grams of
1 10 alcohol per any of the following:
1 11 a. One hundred milliliters of blood.
1 12 b. Two hundred ten liters of breath.
1 13 c. Sixty-seven milliliters of urine.
1 14 3. "Chemical test" means an analysis of a person's blood,
1 15 breath, urine, or other bodily substance for the determination
1 16 of the presence of alcohol, a controlled substance, or a drug.
1 17 4. "Controlled substance" means controlled substance as
1 18 defined in section 124.101.
1 19 5. "Motorboat" means any watercraft, as defined in section
1 20 462A.2, that is propelled by an engine.
1 21 6. "Peace officer" means peace officer as defined in
1 22 section 801.4.
1 23 7. "Prima facie evidence of intoxication" includes
1 24 evidence that, at the time of an alleged violation, a person
1 25 had an alcohol concentration equal to or in excess of the
1 26 level specified in section 321J.2, subsection 1, paragraph
1 27 "b".
1 28 8. "Relevant evidence of intoxication" includes evidence
1 29 that, at the time of the alleged violation, a person had an
1 30 alcohol concentration of at least one-half but not more than
1 31 the level specified in section 321J.2, subsection 1, paragraph
1 32 "b".
1 33 9. "Sailboat" means a watercraft, as defined in section
1 34 462A.2, that is propelled by wind through use of one or more
1 35 sails.
2 1 Sec. 2. NEW SECTION. 462A.14A OPERATING A MOTORBOAT OR
2 2 SAILBOAT WHILE INTOXICATED.
2 3 1. A person commits the offense of operating a motorboat
2 4 or sailboat while intoxicated if the person operates a
2 5 motorboat or sailboat in either of the following conditions:
2 6 a. While under the influence of an alcoholic beverage or
2 7 other drug or a combination of the substances.
2 8 b. While having an alcohol concentration as defined in
2 9 section 462A.14 of .10 or more.
2 10 2. A person who violates this section commits:
2 11 a. A serious misdemeanor for the first offense and shall
2 12 be imprisoned in the county jail for not less than forty-eight
2 13 hours to be served as ordered by the court, less credit for
2 14 any time the person was confined in a jail or detention
2 15 facility following arrest, and assessed a fine of not less
2 16 than five hundred dollars. As an alternative to a portion or
2 17 all of the fine, the court may order the person to perform not
2 18 more than two hundred hours of unpaid community service.
2 19 b. A person who violates this section and who has
2 20 previously been convicted of a violation of this section
2 21 within the previous six years commits an aggravated
2 22 misdemeanor and shall be imprisoned in the county jail or a
2 23 community-based correctional facility for not less than seven
2 24 days, which sentence shall not be suspended notwithstanding
2 25 section 901.5, subsection 3, and section 907.3, subsection 3,
2 26 and assessed a fine of not less than seven hundred fifty
2 27 dollars.
2 28 c. A person who violates this section commits a class "D"
2 29 felony and shall be imprisoned in the county jail for a
2 30 determinate sentence of not more than one year but not less
2 31 than thirty days, which shall not be suspended,
2 32 notwithstanding section 901.5, subsection 3, and section
2 33 907.3, subsection 3, or committed to the custody of the
2 34 director of the department of corrections, and assessed a fine
2 35 of not less than seven hundred fifty dollars in either of the
3 1 following cases:
3 2 (1) If the person has twice been previously convicted of a
3 3 violation of this section within the previous six years.
3 4 (2) If the offense results in serious bodily injury to
3 5 another person and the court determines that the person who
3 6 committed the offense caused the serious bodily injury.
3 7 d. A person who violates this section commits a class "C"
3 8 felony if the crime results in the death of another person and
3 9 the court determines that the person who committed the offense
3 10 caused the death.
3 11 e. A person who operates a motorboat or sailboat after the
3 12 person has been ordered, pursuant to this section, not to
3 13 operate a motorboat or sailboat commits a simple misdemeanor.
3 14 3. a. Except for a penalty imposed under subsection 2,
3 15 paragraph "e", in addition to a criminal penalty imposed for a
3 16 misdemeanor under this section, the court shall order the
3 17 person not to operate a motorboat or sailboat for a period of
3 18 time not to exceed one year.
3 19 b. In addition to a criminal penalty imposed for a felony
3 20 under this section, the court shall order the person not to
3 21 operate a motorboat or sailboat for a period of time not to
3 22 exceed two years.
3 23 4. a. A person who operates a motorboat or sailboat in
3 24 waters over which this state has jurisdiction impliedly
3 25 consents to submit to the chemical test provisions of this
3 26 section as a condition of operating a motorboat or sailboat in
3 27 this state. If a person refuses to submit to a chemical test
3 28 under this section, the court shall order the person not to
3 29 operate a motorboat or sailboat for a period of time not to
3 30 exceed one year.
3 31 b. A peace officer who has probable cause to believe that
3 32 a person has committed an offense under this section shall
3 33 offer the person the opportunity to submit to a chemical test.
3 34 However, it is not necessary for the peace officer to offer a
3 35 chemical test to an unconscious person. A peace officer may
4 1 offer a person more than one chemical test under this section.
4 2 However, all tests must be administered within two hours after
4 3 the officer had probable cause to believe the person violated
4 4 this section. A person must submit to each chemical test
4 5 offered by a peace officer in order to comply with the implied
4 6 consent provisions of this section.
4 7 c. If the chemical test results in relevant evidence that
4 8 the person is intoxicated, the person may be arrested for an
4 9 offense under this section. If the chemical test results in
4 10 prima facie evidence that the person is intoxicated, the
4 11 person shall be arrested for an offense under this section.
4 12 d. A person who refuses to submit to a chemical test may
4 13 be arrested for an offense under this section.
4 14 e. At any proceeding under this section, a person's
4 15 refusal to submit to a chemical test is admissible into
4 16 evidence.
4 17 f. If a person refuses to submit to a chemical test under
4 18 this section, the peace officer shall inform the person that
4 19 the person's refusal will result in the suspension of the
4 20 person's motorboat or sailboat operation privileges.
4 21 5. At any proceeding concerning an offense under this
4 22 section, evidence of the amount by weight of alcohol that was
4 23 in the blood of the person charged with the offense at the
4 24 time of the alleged violation, as shown by an analysis of the
4 25 person's blood, breath, urine, or other bodily substance, is
4 26 admissible.
4 27 Sec. 3. NEW SECTION. 462A.14B PRELIMINARY SCREENING
4 28 TEST.
4 29 When a peace officer has reasonable grounds to believe that
4 30 a motorboat or sailboat operator may be violating or has
4 31 violated section 462A.14A, or the operator has been involved
4 32 in a motorboat or sailboat collision resulting in injury or
4 33 death, the peace officer may request the operator to provide a
4 34 sample of the operator's breath for a preliminary screening
4 35 test using a device approved by the commission of public
5 1 safety for that purpose. The results of this preliminary
5 2 screening test may be used for the purpose of deciding whether
5 3 an arrest should be made and whether to request a chemical
5 4 test authorized in section 462A.14A, but shall not be used in
5 5 any court action except to prove that a chemical test was
5 6 properly requested of a person pursuant to this section and
5 7 section 462A.14A.
5 8 Sec. 4. NEW SECTION. 462A.14C ARREST AND CONVICTION
5 9 STATISTICS.
5 10 The department shall collect and maintain statistics on the
5 11 number of arrests and convictions for violations of section
5 12 462A.14A that occur each year.
5 13 Sec. 5. Section 462A.23, subsection 2, paragraph b, Code
5 14 1995, is amended by striking the paragraph and inserting in
5 15 lieu thereof the following:
5 16 b. Operating a motorboat or sailboat while intoxicated, or
5 17 manipulating waterskis, surfboard, or similar device while in
5 18 an intoxicated condition or under the influence of a narcotic
5 19 drug.
5 20 EXPLANATION
5 21 This bill prohibits the operation of a motorboat or
5 22 sailboat while intoxicated by an alcoholic beverage, other
5 23 drug, or combination of the substances and imposes an implied
5 24 consent to test for those persons who are operating a
5 25 motorboat or sailboat similar to that applied in chapter 321J
5 26 to persons operating a motor vehicle. A person who operates a
5 27 motorboat or sailboat while intoxicated commits a serious
5 28 misdemeanor for a first offense, an aggravated misdemeanor for
5 29 a second offense, a class "D" felony for a third offense or
5 30 for a second offense if the offense resulted in a serious
5 31 bodily injury to another caused by the offender, and a class
5 32 "C" felony if the offense resulted in the death of another and
5 33 was caused by the offender. In addition to the criminal
5 34 penalties, the court shall order a person who commits a
5 35 misdemeanor offense of operating a motorboat or sailboat while
6 1 intoxicated not to operate a motorboat or sailboat for not
6 2 more than one year. For a person who commits an offense which
6 3 is a felony the court shall order the person not to operate a
6 4 motorboat or sailboat for not more than two years. Violation
6 5 of such an order is a simple misdemeanor. If a person refuses
6 6 to take a chemical test when requested by a peace officer, the
6 7 court shall order the person not to operate a motorboat or
6 8 sailboat for not more than one year. The bill provides for
6 9 preliminary screening of a suspect with a breath test, the
6 10 results of which may be used to determine if a chemical test
6 11 should be made.
6 12 BACKGROUND STATEMENT
6 13 SUBMITTED BY THE AGENCY
6 14 While boating is a popular recreational activity, accidents
6 15 on the water continue to take their toll in terms of injuries
6 16 and deaths. Many of the accidents involve persons who are
6 17 operating under the influence. Most of the states around Iowa
6 18 already have implied consent authority. Implied consent can
6 19 be useful in dealing with accidents and as a measure to help
6 20 prevent accidents from occurring.
6 21 LSB 2009DP 76
6 22 tj/sc/14
Text: HSB00214 Text: HSB00216 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00200/HSB00215/950227.html
jhf