Text: HF00692 Text: HF00694 Text: HF00600 - HF00699 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 1592HV 78 6 13 jj/cf/24
Text: HF00692 Text: HF00694 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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