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PAG LIN 1 1 Section 1. Section 462A.14, Code 1997, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 462A.14 DEFINITIONS – 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 of, but not equal 1 31 to or more than, the level specified in section 321J.2, 1 32 subsection 1, paragraph "b". 1 33 Sec. 2. NEW SECTION. 462A.14A OPERATING A MOTORBOAT 1 34 WHILE INTOXICATED. 1 35 1. A person commits the offense of operating a motorboat 2 1 while intoxicated if the person operates a motorboat in either 2 2 of the following conditions: 2 3 a. While under the influence of an alcoholic beverage or 2 4 other drug or a combination of the substances. 2 5 b. While having an alcohol concentration as defined in 2 6 section 462A.14 of .10 or more. 2 7 2. A person who violates this section commits: 2 8 a. A serious misdemeanor for the first offense and shall 2 9 be imprisoned in the county jail for not less than forty-eight 2 10 hours to be served as ordered by the court, less credit for 2 11 any time the person was confined in a jail or detention 2 12 facility following arrest, and assessed a fine of not less 2 13 than five hundred dollars nor more than one thousand dollars. 2 14 As an alternative to a portion or all of the fine, the court 2 15 may order the person to perform not more than two hundred 2 16 hours of unpaid community service. 2 17 b. A person who violates this section and who has 2 18 previously been convicted of a violation of this section 2 19 within the previous six years commits an aggravated 2 20 misdemeanor and shall be imprisoned in the county jail or a 2 21 community-based correctional facility for not less than seven 2 22 days, which sentence shall not be suspended notwithstanding 2 23 section 901.5, subsection 3, and section 907.3, subsection 3, 2 24 and assessed a fine of not less than seven hundred fifty 2 25 dollars. 2 26 c. A person who violates this section commits a class "D" 2 27 felony and shall be imprisoned in the county jail for a 2 28 determinate sentence of not more than one year but not less 2 29 than thirty days, which shall not be suspended, 2 30 notwithstanding section 901.5, subsection 3, and section 2 31 907.3, subsection 3, or committed to the custody of the 2 32 director of the department of corrections, and assessed a fine 2 33 of not less than seven hundred fifty dollars in either of the 2 34 following cases: 2 35 (1) If the person has twice been previously convicted of a 3 1 violation of this section within the previous six years. 3 2 (2) If the offense results in serious bodily injury to 3 3 another person and the court determines that the person who 3 4 committed the offense caused the serious bodily injury. 3 5 d. A person who violates this section commits a class "C" 3 6 felony if the crime results in the death of another person and 3 7 the court determines that the person who committed the offense 3 8 caused the death. 3 9 e. A person who operates a motorboat after the person has 3 10 been ordered, pursuant to this section, not to operate a 3 11 motorboat commits a simple misdemeanor. 3 12 3. a. Except for a penalty imposed under subsection 2, 3 13 paragraph "e", in addition to a criminal penalty imposed for a 3 14 misdemeanor under this section, the court shall order the 3 15 person not to operate a motorboat for a period of time not to 3 16 exceed one year. 3 17 b. In addition to a criminal penalty imposed for a felony 3 18 under this section, the court shall order the person not to 3 19 operate a motorboat for a period of time not to exceed two 3 20 years. 3 21 4. a. A person who operates a motorboat in waters over 3 22 which this state has jurisdiction impliedly consents to submit 3 23 to the chemical test provisions of this section as a condition 3 24 of operating a motorboat in this state. If a person refuses 3 25 to submit to a chemical test under this section, the court 3 26 shall order the person not to operate a motorboat for a period 3 27 of time not to exceed one year. 3 28 b. A peace officer who has probable cause to believe that 3 29 a person has committed an offense under this section shall 3 30 offer the person the opportunity to submit to a chemical test. 3 31 However, it is not necessary for the peace officer to offer a 3 32 chemical test to an unconscious person. A peace officer may 3 33 offer a person more than one chemical test under this section. 3 34 However, all tests must be administered within two hours after 3 35 the officer had probable cause to believe the person violated 4 1 this section. A person must submit to each chemical test 4 2 offered by a peace officer in order to comply with the implied 4 3 consent provisions of this section. 4 4 c. If the chemical test results in relevant evidence of 4 5 intoxication, the person tested may be arrested for an offense 4 6 under this section. If the chemical test results in prima 4 7 facie evidence of intoxication, the person tested shall be 4 8 arrested for an offense under this section. 4 9 d. A person who refuses to submit to a chemical test may 4 10 be arrested for an offense under this section. 4 11 e. At any proceeding under this section, a person's 4 12 refusal to submit to a chemical test is admissible into 4 13 evidence. 4 14 f. If a person refuses to submit to a chemical test under 4 15 this section, the peace officer shall inform the person that 4 16 the person's refusal will result in the suspension of the 4 17 person's motorboat operating privileges. 4 18 5. At any proceeding concerning an offense under this 4 19 section, evidence of the alcohol concentration of the person 4 20 charged with the offense at the time of the alleged violation 4 21 is admissible. 4 22 Sec. 3. NEW SECTION. 462A.14B PRELIMINARY SCREENING 4 23 TEST. 4 24 When a peace officer has reasonable grounds to believe that 4 25 a motorboat operator may be violating or has violated section 4 26 462A.14A, or the operator has been involved in a motorboat 4 27 collision resulting in injury or death, the peace officer may 4 28 request the operator to provide a sample of the operator's 4 29 breath for a preliminary screening test using a device 4 30 approved by the commissioner of public safety for that 4 31 purpose. The results of this preliminary screening test may 4 32 be used for the purpose of deciding whether an arrest should 4 33 be made and whether to request a chemical test authorized in 4 34 section 462A.14A, but shall not be used in any court action 4 35 except to prove that a chemical test was properly requested of 5 1 a person pursuant to this section and section 462A.14A. 5 2 Sec. 4. NEW SECTION. 462A.14C ARREST AND CONVICTION 5 3 STATISTICS. 5 4 The department shall collect and maintain statistics on the 5 5 number of arrests and convictions for violations of section 5 6 462A.14A that occur each year. 5 7 Sec. 5. Section 462A.23, subsection 2, paragraph b, Code 5 8 1997, is amended by striking the paragraph and inserting in 5 9 lieu thereof the following: 5 10 b. Operating a motorboat as defined in section 462A.14 5 11 while intoxicated, or manipulating water skis, a surfboard, or 5 12 a similar device while in an intoxicated condition or under 5 13 the influence of a narcotic drug. 5 14 Sec. 6. Section 912.1, subsection 2, Code 1997, is amended 5 15 to read as follows: 5 16 2. "Crime" means conduct that occurs or is attempted in 5 17 this state, poses a substantial threat of personal injury or 5 18 death, and is punishable as a felony or misdemeanor, or would 5 19 be so punishable but for the fact that the person engaging in 5 20 the conduct lacked the capacity to commit the crime under the 5 21 laws of this state. "Crime" does not include conduct arising 5 22 out of the ownership, maintenance, or use of a motor vehicle, 5 23 motorcycle, motorized bicycle, train, boat, or aircraft except 5 24 for violations of section 321.261, 321.277, 321J.2,462A.14,5 25 462A.14A, or 707.6A, or when the intention is to cause 5 26 personal injury or death. A license revocation under section 5 27 321J.9 or 321J.12 shall be considered by the department as 5 28 evidence of a violation of section 321J.2 for the purposes of 5 29 this chapter. 5 30 EXPLANATION 5 31 This bill prohibits the operation of a motorboat while 5 32 intoxicated by an alcoholic beverage, other drug, or 5 33 combination of the substances and imposes an implied consent 5 34 to chemical testing for persons who operate a motorboat 5 35 similar to that applied in chapter 321J to persons who operate 6 1 a motor vehicle. A person who operates a motorboat while 6 2 intoxicated commits a serious misdemeanor for a first offense, 6 3 an aggravated misdemeanor for a second offense, a class "D" 6 4 felony for a third offense or if the offense resulted in a 6 5 serious bodily injury to another caused by the offender, and a 6 6 class "C" felony if the offense resulted in the death of 6 7 another and was caused by the offender. In addition to the 6 8 criminal penalties, the court shall order a person who commits 6 9 a misdemeanor offense of operating a motorboat while 6 10 intoxicated not to operate a motorboat for not more than one 6 11 year. For a person who commits an offense which is a felony 6 12 the court shall order the person not to operate a motorboat 6 13 for not more than two years. Violation of such an order is a 6 14 simple misdemeanor. If a person refuses to take a chemical 6 15 test when requested by a peace officer, the court shall order 6 16 the person not to operate a motorboat for not more than one 6 17 year. The bill provides for preliminary screening of a 6 18 suspect with a breath test, the results of which may be used 6 19 to determine if a chemical test should be made. 6 20 LSB 1399HH 77 6 21 tj/sc/14
Text: HF00064 Text: HF00066 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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