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
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