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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 OPERATING A WATERCRAFT WHILE INTOXICATED –
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 commits an aggravated misdemeanor and shall be imprisoned in
2 14 the county jail or a community-based correctional facility for
2 15 not less than seven days, which sentence shall not be
2 16 suspended notwithstanding section 901.5, subsection 3, and
2 17 section 907.3, subsection 3, and assessed a fine of not less
2 18 than seven hundred fifty dollars.
2 19 c. A person who violates this section commits a class "D"
2 20 felony and shall be imprisoned in the county jail for a
2 21 determinate sentence of not more than one year but not less
2 22 than thirty days, which shall not be suspended,
2 23 notwithstanding section 901.5, subsection 3, and section
2 24 907.3, subsection 3, or committed to the custody of the
2 25 director of the department of corrections, and assessed a fine
2 26 of not less than seven hundred fifty dollars in either of the
2 27 following cases:
2 28 (1) If the person has been previously convicted of a
2 29 violation of this section two or more times.
2 30 (2) If the offense results in serious bodily injury to
2 31 another person and the court determines that the person who
2 32 committed the offense caused the serious bodily injury.
2 33 d. A person who violates this section commits a class "C"
2 34 felony if the crime results in the death of another person and
2 35 the court determines that the person who committed the offense
3 1 caused the death.
3 2 e. A person who operates a watercraft after the person has
3 3 been ordered, pursuant to this section, not to operate a
3 4 watercraft commits a simple misdemeanor.
3 5 3. a. Except for a penalty imposed under subsection 2,
3 6 paragraph "e", in addition to a criminal penalty imposed for a
3 7 misdemeanor under this section, the court shall order the
3 8 person not to operate a watercraft for at least one year.
3 9 b. In addition to a criminal penalty imposed for a felony
3 10 under this section, the court shall order the person not to
3 11 operate a watercraft for at least two years.
3 12 4. a. A person who operates a watercraft in waters over
3 13 which this state has jurisdiction impliedly consents to submit
3 14 to the chemical test provisions of this section as a condition
3 15 of operating a watercraft in this state. If a person refuses
3 16 to submit to a chemical test under this section, the court
3 17 shall order the person not to operate a watercraft for at
3 18 least one year.
3 19 b. A peace officer who has probable cause to believe that
3 20 a person has committed an offense under this section shall
3 21 offer the person the opportunity to submit to a chemical test.
3 22 However, it is not necessary for the peace officer to offer a
3 23 chemical test to an unconscious person. A peace officer may
3 24 offer a person more than one chemical test under this section.
3 25 However, all tests must be administered within two hours after
3 26 the officer had probable cause to believe the person violated
3 27 this section. A person must submit to each chemical test
3 28 offered by a peace officer in order to comply with the implied
3 29 consent provisions of this section.
3 30 c. If the chemical test results in relevant evidence that
3 31 the person is intoxicated, the person may be arrested for an
3 32 offense under this section. If the chemical test results in
3 33 prima facie evidence that the person is intoxicated, the
3 34 person shall be arrested for an offense under this section.
3 35 d. A person who refuses to submit to a chemical test may
4 1 be arrested for an offense under this section.
4 2 e. At any proceeding under this section, a person's
4 3 refusal to submit to a chemical test is admissible into
4 4 evidence.
4 5 f. If a person refuses to submit to a chemical test under
4 6 this section, the peace officer shall inform the person that
4 7 the person's refusal will result in the suspension of the
4 8 person's watercraft operation privileges.
4 9 5. At any proceeding concerning an offense under this
4 10 section, evidence of the amount by weight of alcohol that was
4 11 in the blood of the person charged with the offense at the
4 12 time of the alleged violation, as shown by an analysis of the
4 13 person's blood, breath, urine, or other bodily substance, is
4 14 admissible.
4 15 EXPLANATION
4 16 This bill prohibits the operation of a watercraft by a
4 17 person who is intoxicated and imposes an implied consent to
4 18 test for those persons operating a watercraft similar to that
4 19 applied in chapter 321J to persons operating a motor vehicle.
4 20 A person who operates a watercraft while intoxicated commits a
4 21 serious misdemeanor for a first offense, an aggravated
4 22 misdemeanor for a second offense, a class "D" felony for a
4 23 third offense or if the offense resulted in a serious injury
4 24 to another caused by the offender, and a class "C" felony if
4 25 the offense resulted in the death of another and was caused by
4 26 the offender. In addition to criminal penalties, the court
4 27 shall order a person who commits a misdemeanor offense of
4 28 operating watercraft while intoxicated not to operate a
4 29 watercraft for at least one year. For a person who commits an
4 30 offense which is a felony the court shall order the person not
4 31 to operate a watercraft for two years. If a person refuses to
4 32 take a chemical test when requested by a peace officer, the
4 33 court shall order the person not to operate a watercraft for
4 34 one year. A person who violates an order not to operate a
4 35 watercraft commits a simple misdemeanor.
5 1 LSB 1014HH 77
5 2 jls/cf/24
Text: HF00089 Text: HF00091 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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