Text: HF00122 Text: HF00124 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 462A.14, Code 1999, 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, or had any
1 19 amount of a controlled substance in the person.
1 20 d. "Peace officer" means peace officer as defined in
1 21 section 801.4.
1 22 e. "Prima facie evidence of intoxication" includes
1 23 evidence that, at the time of an alleged violation, a person
1 24 had an alcohol concentration equal to or in excess of the
1 25 level specified in section 321J.2, subsection 1, paragraph
1 26 "b", or that a person had any amount of a controlled substance
1 27 in the person, as measured by a chemical test.
1 28 f. "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", or that a person had any amount of a controlled substance
1 33 in the person, as measured by a chemical test.
1 34 g. "Serious injury" means serious injury as defined in
1 35 section 321J.1.
2 1 h. "Watercraft" means a device for transportation by water
2 2 including a vessel, water skis, surfboard, or similar device
2 3 if the device is propelled by a motor or by sail.
2 4 2. a. A person who operates a watercraft while having an
2 5 alcohol concentration equal to or in excess of the level
2 6 specified in section 321J.2, subsection 1, paragraph "b", or
2 7 while intoxicated, commits a serious misdemeanor for the first
2 8 offense and shall be imprisoned in the county jail for not
2 9 less than forty-eight hours to be served as ordered by the
2 10 court, less credit for any time the person was confined in a
2 11 jail or detention facility following arrest, which minimum
2 12 sentence shall not be suspended notwithstanding section 901.5,
2 13 subsection 3, and section 907.3, subsection 3, and shall be
2 14 assessed a fine of one thousand dollars. As an alternative to
2 15 a portion or all of the fine, the court may order the person
2 16 to perform unpaid community service.
2 17 b. A person who commits a second offense of this section
2 18 commits an aggravated misdemeanor and shall be imprisoned in
2 19 the county jail or a community-based correctional facility for
2 20 not less than seven days, which minimum sentence shall not be
2 21 suspended notwithstanding section 901.5, subsection 3, and
2 22 section 907.3, subsection 3, and shall be assessed a fine of
2 23 not less than one thousand five hundred dollars nor more than
2 24 five thousand dollars.
2 25 c. A person who commits a third or subsequent offense of
2 26 this section commits a class "D" felony, and shall be
2 27 imprisoned in the county jail for a determinate sentence of
2 28 not more than one year but not less than thirty days, which
2 29 minimum sentence shall not be suspended, notwithstanding
2 30 section 901.5, subsection 3, and section 907.3, subsection 3,
2 31 or committed to the custody of the director of the department
2 32 of corrections, and shall be assessed a fine of not less than
2 33 two thousand five hundred dollars nor more than seven thousand
2 34 five hundred dollars in either of the following cases:
2 35 (1) If the person has been previously convicted of a
3 1 violation of this section two or more times.
3 2 (2) If the offense results in serious injury to another
3 3 person and the court determines that the person who committed
3 4 the offense caused the serious 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 watercraft after the person has
3 10 been ordered, pursuant to this section, not to operate a
3 11 watercraft commits contempt, punishable by imprisonment in the
3 12 county jail for not less than forty-eight hours, which minimum
3 13 sentence shall not be suspended notwithstanding section 901.5,
3 14 subsection 3, and section 907.3, subsection 3.
3 15 3. a. Except for a penalty imposed under subsection 2,
3 16 paragraph "e", in addition to a criminal penalty imposed for a
3 17 misdemeanor under this section, the court shall order the
3 18 person not to operate a watercraft for not less than one year
3 19 nor more than two years.
3 20 b. In addition to a criminal penalty imposed for a felony
3 21 under this section, the court shall order the person not to
3 22 operate a watercraft for not less than two nor more than six
3 23 years.
3 24 4. Notwithstanding the provisions of sections 901.5 and
3 25 907.3, the court shall not defer judgment or sentencing with
3 26 regard to any penalty imposed under this section.
3 27 5. a. A person who operates a watercraft in waters over
3 28 which this state has jurisdiction impliedly consents to submit
3 29 to the chemical test provisions of this section as a condition
3 30 of operating a watercraft in this state. If a person refuses
3 31 to submit to a chemical test under this section, the court
3 32 shall order the person not to operate a watercraft for not
3 33 less than one year nor more than two years.
3 34 b. A peace officer who has probable cause to believe that
3 35 a person has committed an offense under this section shall
4 1 offer the person the opportunity to submit to a chemical test.
4 2 However, it is not necessary for the peace officer to offer a
4 3 chemical test to an unconscious person. A peace officer may
4 4 offer a person more than one chemical test under this section.
4 5 However, all tests must be administered within two hours after
4 6 the officer had probable cause to believe the person violated
4 7 this section. A person must submit to each chemical test
4 8 offered by a peace officer in order to comply with the implied
4 9 consent provisions of this section.
4 10 c. If the chemical test results in relevant evidence that
4 11 the person is intoxicated, the person may be arrested for an
4 12 offense under this section. If the chemical test results in
4 13 prima facie evidence that the person is intoxicated, the
4 14 person shall be arrested for an offense under this section.
4 15 d. A person who refuses to submit to a chemical test may
4 16 be arrested for an offense under this section.
4 17 e. At any proceeding under this section, a person's
4 18 refusal to submit to a chemical test is admissible into
4 19 evidence.
4 20 f. If a person refuses to submit to a chemical test under
4 21 this section, the peace officer shall inform the person that
4 22 the person's refusal will result in the suspension of the
4 23 person's watercraft operation privileges.
4 24 6. At any proceeding concerning an offense under this
4 25 section, evidence of the results of an analysis of the
4 26 specimen of the person's blood, breath, urine, or other bodily
4 27 substance, is admissible.
4 28 Sec. 2. Section 907.3, subsection 1, Code 1999, is amended
4 29 by adding the following new paragraph:
4 30 NEW PARAGRAPH. l. The offense is a violation of section
4 31 462A.14, and a mandatory minimum sentence must be served by
4 32 the defendant, either for a primary offense or as a result of
4 33 a specified punishment for contempt under that section.
4 34 Sec. 3. Section 907.3, subsection 2, Code 1999, is amended
4 35 by adding the following new paragraph:
5 1 NEW PARAGRAPH. f. The offense is a violation of section
5 2 462A.14, to the extent that a mandatory minimum sentence must
5 3 be served by the defendant, for a primary offense or as a
5 4 result of a specified punishment for contempt under that
5 5 section.
5 6 Sec. 4. Section 907.3, subsection 3, Code 1999, is amended
5 7 by adding the following new paragraph:
5 8 NEW PARAGRAPH. f. A mandatory minimum sentence imposed
5 9 for a violation of section 462A.14, or as a result of contempt
5 10 proceedings specified under that section.
5 11 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
5 12 3, shall not apply to this Act.
5 13 EXPLANATION
5 14 This bill prohibits the operation of a watercraft by a
5 15 person who is intoxicated, defining intoxication and imposing
5 16 an implied consent to test for those persons operating a
5 17 watercraft similar to the standards applied in Code chapter
5 18 321J to persons operating a motor vehicle while intoxicated.
5 19 A person who operates a watercraft while intoxicated commits a
5 20 serious misdemeanor for a first offense, an aggravated
5 21 misdemeanor for a second offense, a class "D" felony for a
5 22 third offense or if the offense resulted in a serious injury
5 23 to another caused by the offender, and a class "C" felony if
5 24 the offense resulted in the death of another and was caused by
5 25 the offender. In addition to criminal penalties, the court
5 26 shall order a person who commits a misdemeanor offense of
5 27 operating watercraft while intoxicated not to operate a
5 28 watercraft for at least one year, but not more than two years.
5 29 For a person who commits an offense which is a felony, the
5 30 court shall order the person not to operate a watercraft for
5 31 at least two years, but not more than six years. If a person
5 32 refuses to take a chemical test when requested by a peace
5 33 officer, the court shall order the person not to operate a
5 34 watercraft for at least one year, but not more than two years.
5 35 A person who violates an order not to operate a watercraft
6 1 commits contempt, punishable by at least 48 hours in jail.
6 2 Judgment and sentencing may not be deferred, and mandatory
6 3 minimum sentences may not be suspended. Corresponding
6 4 amendments are made to Code section 907.3.
6 5 This bill may include a state mandate as defined in Code
6 6 section 25B.3. This bill makes inapplicable Code section
6 7 25B.2, subsection 3, which would relieve a political
6 8 subdivision from complying with a state mandate if funding for
6 9 the cost of the state mandate is not provided or specified.
6 10 Therefore, political subdivisions are required to comply with
6 11 any state mandate included in this bill.
6 12 LSB 1592HH 78
6 13 jj/cf/24
Text: HF00122 Text: HF00124 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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