Text: HF02033 Text: HF02035 Text: HF02000 - HF02099 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 DEFINITIONS – OPERATING WHILE INTOXICATED. 1 5 As used in this section and sections 462A.14A, 462A.14B, 1 6 and 462A.14C: 1 7 1. "Alcohol concentration" means the number of grams of 1 8 alcohol per any of the following: 1 9 a. One hundred milliliters of blood. 1 10 b. Two hundred ten liters of breath. 1 11 c. Sixty-seven milliliters of urine. 1 12 2. "Alcoholic beverage" includes alcohol, wine, spirits, 1 13 beer, or any other beverage which contains ethyl alcohol and 1 14 is fit for human consumption. 1 15 3. "Chemical test" means an analysis of a person's blood, 1 16 breath, urine, or other bodily substance for the determination 1 17 of the presence of alcohol, a controlled substance, or a drug. 1 18 4. "Controlled substance" means any drug, substance, or 1 19 compound that is listed in section 124.204 or 124.206, or any 1 20 metabolite or derivative of the drug, substance, or compound. 1 21 5. "Motorboat" means any watercraft, as defined in section 1 22 462A.2, that is propelled by an engine. 1 23 6. "Peace officer" means peace officer as defined in 1 24 section 801.4. 1 25 7. "Prima facie evidence of intoxication" includes 1 26 evidence that, at the time of an alleged violation, a person 1 27 had an alcohol concentration equal to or in excess of the 1 28 level specified in section 321J.2, subsection 1, paragraph 1 29 "b". 1 30 8. "Sailboat" means a watercraft, as defined in section 1 31 462A.2, that is propelled by wind through use of one or more 1 32 sails. 1 33 9. "Serious injury" means a bodily injury which creates a 1 34 substantial risk of death, or which causes serious permanent 1 35 disfigurement, or which causes protracted loss or impairment 2 1 of the function of any bodily organ or major bodily member, or 2 2 which causes the loss of any bodily member. 2 3 Sec. 2. NEW SECTION. 462A.14A OPERATING A MOTORBOAT OR 2 4 SAILBOAT WHILE INTOXICATED. 2 5 1. A person commits the offense of operating a motorboat 2 6 or sailboat while intoxicated if the person operates a 2 7 motorboat or sailboat in this state in any of the following 2 8 conditions: 2 9 a. While under the influence of an alcoholic beverage or 2 10 other drug or a combination of such substances. 2 11 b. While having an alcohol concentration equal to or in 2 12 excess of that prohibited by section 321J.2, subsection 1, 2 13 paragraph "b". 2 14 c. While any amount of a controlled substance is present 2 15 in the person, as measured in the person's blood or urine. 2 16 2. A person who violates subsection 1 commits: 2 17 a. A serious misdemeanor for the first offense, punishable 2 18 by both of the following: 2 19 (1) Imprisonment in the county jail for not less than 2 20 forty-eight hours, to be served as ordered by the court, less 2 21 credit for any time the person was confined in a jail or 2 22 detention facility following arrest. However, the court, in 2 23 ordering service of the sentence and in its discretion, may 2 24 accommodate the defendant's work schedule. 2 25 (2) Assessment of a fine of one thousand dollars. 2 26 However, in the discretion of the court, if no personal or 2 27 property injury has resulted from the defendant's actions, up 2 28 to five hundred dollars of the fine may be waived. As an 2 29 alternative to a portion or all of the fine, the court may 2 30 order the person to perform unpaid community service. 2 31 b. An aggravated misdemeanor for a second offense 2 32 committed within six years of the first violation of this 2 33 section, and shall be imprisoned in the county jail or 2 34 community-based correctional facility not less than seven 2 35 days, and assessed a fine of not less than one thousand five 3 1 hundred dollars nor more than five thousand dollars. 3 2 c. A class "D" felony for a third offense and each 3 3 subsequent offense committed within six years of the first 3 4 violations of this section, and shall be imprisoned in the 3 5 county jail for a determinate sentence of not more than one 3 6 year but not less than thirty days, or committed to the 3 7 custody of the director of the department of corrections, and 3 8 assessed a fine of not less than two thousand five hundred 3 9 dollars nor more than seven thousand five hundred dollars. A 3 10 person convicted of a third or subsequent offense may be 3 11 committed to the custody of the director of the department of 3 12 corrections, who shall assign the person to a facility 3 13 pursuant to section 904.513 or the offender may be committed 3 14 to treatment in the community under the provisions of section 3 15 907.6. 3 16 d. A class "D" felony for any offense under this section 3 17 resulting in serious injury to persons other than the 3 18 defendant, if the court determines that the person who 3 19 committed the offense caused the serious injury, and shall be 3 20 imprisoned for a determinate sentence of not more than five 3 21 years but not less than thirty days, or committed to the 3 22 custody of the director of the department of corrections, and 3 23 assessed a fine of not less than two thousand five hundred 3 24 dollars nor more than seven thousand five hundred dollars. A 3 25 person convicted of a felony offense may be committed to the 3 26 custody of the director of the department of corrections, who 3 27 shall assign the person to a facility pursuant to section 3 28 904.513 or the offender may be committed to treatment in the 3 29 community under the provisions of section 907.6. 3 30 e. A class "B" felony for any offense under this section 3 31 resulting in the death of persons other than the defendant, if 3 32 the court determines that the person who committed the offense 3 33 caused the death, and shall be imprisoned for a determinate 3 34 sentence of not more than twenty-five years, or committed to 3 35 the custody of the director of the department of corrections. 4 1 A person convicted of a felony offense may be committed to the 4 2 custody of the director of the department of corrections, who 4 3 shall assign the person to a facility pursuant to section 4 4 904.513 or the offender may be committed to treatment in the 4 5 community under the provisions of section 907.6. 4 6 3. a. Notwithstanding the provisions of sections 901.5 4 7 and 907.3, the court shall not defer judgment or sentencing, 4 8 or suspend execution of any mandatory minimum sentence of 4 9 incarceration applicable to the defendant under subsection 2, 4 10 and shall not suspend execution of any other part of a 4 11 sentence not involving incarceration imposed pursuant to 4 12 subsection 2, if any of the following apply: 4 13 (1) If the defendant's alcohol concentration established 4 14 by the results of an analysis of a specimen of the defendant's 4 15 blood, breath, or urine withdrawn in accordance with this 4 16 chapter exceeds .15, regardless of whether or not the alcohol 4 17 concentration indicated by the chemical test minus the 4 18 established margin of error inherent in the device or method 4 19 used to conduct the test equals an alcohol concentration of 4 20 .15 or more. 4 21 (2) If the defendant has previously been convicted of a 4 22 violation of subsection 1 or a statute in another state 4 23 substantially corresponding to subsection 1. 4 24 (3) If the defendant has previously received a deferred 4 25 judgment or sentence for a violation of subsection 1 or for a 4 26 violation of a statute in another state substantially 4 27 corresponding to subsection 1. 4 28 (4) If the defendant refused to consent to testing 4 29 requested in accordance with section 462A.14B. 4 30 (5) If the offense under this section results in serious 4 31 injury to a person other than the defendant. 4 32 b. All persons convicted of an offense under subsection 2 4 33 shall be ordered not to operate a motorboat or sailboat, for 4 34 the following time period: 4 35 (1) For misdemeanors under subsection 2, a period of time 5 1 not to exceed one year. 5 2 (2) For felonies under subsection 2, a period of time 5 3 comparable to the driver's license revocation period for a 5 4 comparable offense under chapter 321J or 707. 5 5 A person who violates a court order not to operate a 5 6 motorboat or sailboat shall be in contempt of court, 5 7 punishable by a sentence of between forty-eight hours and one 5 8 year in the county jail, and a fine of between five hundred 5 9 and one thousand five hundred dollars. Notwithstanding the 5 10 provisions of sections 901.5 and 907.3, the court shall not 5 11 defer judgment or sentencing, or suspend execution of any part 5 12 of the mandatory minimum sentence applicable for such 5 13 contempt. As an alternative to a portion of all of the fine 5 14 for such contempt, the court may order the person to perform 5 15 unpaid community service in accordance with section 909.3A. 5 16 c. A minimum term of imprisonment in a county jail or 5 17 community-based correctional facility imposed on a person 5 18 convicted of a second or subsequent offense under subsection 2 5 19 shall be served on consecutive days. However, if the 5 20 sentencing court finds that service of the full minimum term 5 21 on consecutive days would work an undue hardship on the 5 22 person, or finds that sufficient jail space is not available 5 23 and is not reasonably expected to become available within four 5 24 months after sentencing to incarcerate the person serving the 5 25 minimum sentence on consecutive days, the court may order the 5 26 person to serve the minimum term in segments of at least 5 27 forty-eight hours and to perform a specified number of hours 5 28 of unpaid community service as deemed appropriate by the 5 29 sentencing court. 5 30 4. In determining if a violation charged is a second or 5 31 subsequent offense for purposes of criminal sentencing or 5 32 license revocation under this chapter: 5 33 a. Deferred judgments entered pursuant to section 907.3 5 34 for violations of this section shall be counted as previous 5 35 offenses. 6 1 b. Convictions or the equivalent of deferred judgments for 6 2 violations in any other states under statutes substantially 6 3 corresponding to this section shall be counted as previous 6 4 offenses. The courts shall judicially notice the statutes of 6 5 other states which define offenses substantially equivalent to 6 6 the one defined in this section and can therefore be 6 7 considered corresponding statutes. Each previous violation on 6 8 which conviction or deferral of judgment was entered prior to 6 9 the date of the violation charged shall be considered and 6 10 counted as a separate previous offense. 6 11 5. A person shall not be convicted and sentenced for more 6 12 than one violation of this section for actions arising out of 6 13 the same event or occurrence, even if the event or occurrence 6 14 involves more than one of the conditions specified in 6 15 subsection 1. 6 16 6. The clerk of the district court shall immediately 6 17 certify to the department a true copy of each order entered 6 18 with respect to deferral of judgment, deferral of sentence, or 6 19 pronouncement of judgment and sentence for a defendant under 6 20 this section. 6 21 7. a. This section does not apply to a person operating a 6 22 motorboat or sailboat while under the influence of a drug if 6 23 the substance was prescribed for the person and was taken 6 24 under the prescription and in accordance with the directions 6 25 of a medical practitioner as defined in chapter 155A or if the 6 26 substance was dispensed by a pharmacist without a prescription 6 27 pursuant to the rules of the board of pharmacy examiners, if 6 28 there is no evidence of the consumption of alcohol and the 6 29 medical practitioner or pharmacist had not directed the person 6 30 to refrain from operating a motorboat or sailboat, a motor 6 31 vehicle, or other heavy machinery. 6 32 b. When charged with a violation of subsection 1, 6 33 paragraph "c", a person may assert, as an affirmative defense, 6 34 that the controlled substance present in the person's blood or 6 35 urine was prescribed or dispensed for the person and was taken 7 1 in accordance with the directions of a practitioner and the 7 2 labeling directions of the pharmacy, as that person and place 7 3 of business are defined in section 155A.3. 7 4 8. In any prosecution under this section, evidence of the 7 5 results of analysis of a specimen of the defendant's blood, 7 6 breath, or urine is admissible upon proof of a proper 7 7 foundation. 7 8 a. The alcohol concentration established by the results of 7 9 an analysis of a specimen of the defendant's blood, breath, or 7 10 urine withdrawn within two hours after the defendant was 7 11 operating or in physical control of a motorboat or sailboat is 7 12 presumed to be the alcohol concentration at the time of 7 13 operating or being in physical control of the motorboat or 7 14 sailboat. 7 15 b. The presence of a controlled substance or other drug 7 16 established by the results of analysis of a specimen of the 7 17 defendant's blood or urine withdrawn within two hours after 7 18 the defendant was operating or in physical control of a 7 19 motorboat or sailboat is presumed to show the presence of such 7 20 controlled substance or other drug in the defendant at the 7 21 time of operating or being in physical control of the 7 22 motorboat or sailboat. 7 23 9. a. In addition to any fine or penalty imposed under 7 24 this chapter, the court shall order a defendant convicted of 7 25 or receiving a deferred judgment for a violation of this 7 26 section to make restitution for damages resulting directly 7 27 from the violation, to the victim, pursuant to chapter 910. 7 28 An amount paid pursuant to this restitution order shall be 7 29 credited toward any adverse judgment in a subsequent civil 7 30 proceeding arising from the same occurrence. However, other 7 31 than establishing a credit, a restitution proceeding pursuant 7 32 to this section shall not be given evidentiary or preclusive 7 33 effect in a subsequent civil proceeding arising from the same 7 34 occurrence. 7 35 b. The court may order restitution paid to any public 8 1 agency for the costs of the emergency response resulting from 8 2 the actions constituting a violation of this section, not 8 3 exceeding five hundred dollars per public agency for each such 8 4 response. For the purposes of this paragraph, "emergency 8 5 response" means any incident requiring response by fire 8 6 fighting, law enforcement, ambulance, medical, or other 8 7 emergency services. A public agency seeking such restitution 8 8 shall consult with the county attorney regarding the expenses 8 9 incurred by the public agency, and the county attorney may 8 10 include the expenses in the statement of pecuniary damages 8 11 pursuant to section 910.3. 8 12 10. In any prosecution under this section, the results of 8 13 a chemical test may not be used to prove a violation of 8 14 subsection 1 if the alcohol, controlled substance, or other 8 15 drug concentration indicated by the chemical test minus the 8 16 established margin of error inherent in the device or method 8 17 used to conduct the chemical test does not equal or exceed the 8 18 level prohibited by subsection 1. 8 19 Sec. 3. NEW SECTION. 462A.14B IMPLIED CONSENT. 8 20 1. A person who operates a motorboat or sailboat in waters 8 21 over which this state has jurisdiction impliedly consents to 8 22 submit to the chemical test provisions of this section as a 8 23 condition of operating a motorboat or sailboat in this state. 8 24 2. If a person refuses to submit to a chemical test under 8 25 this section, the peace officer shall inform the person that 8 26 the person's refusal will result in the suspension of the 8 27 person's motorboat or sailboat operating privileges. If a 8 28 person refuses to submit to a chemical test under this 8 29 section, the court shall order the person not to operate a 8 30 motorboat or sailboat for a period of time not less than one 8 31 year. If the person violates the court order not to operate 8 32 the motorboat or sailboat, the person shall be in contempt of 8 33 court, punishable by a sentence of between forty-eight hours 8 34 and one year in the county jail, and a fine of between five 8 35 hundred and one thousand five hundred dollars. 9 1 Notwithstanding the provisions of sections 901.5 and 907.3, 9 2 the court shall not defer judgment or sentencing, or suspend 9 3 execution of any part of the mandatory minimum sentence 9 4 applicable for such contempt. As an alternative to a portion 9 5 or all of the fine for such contempt, the court may order the 9 6 person to perform unpaid community service, in accordance with 9 7 section 909.3A. 9 8 3. A peace officer who has probable cause to believe that 9 9 a person has committed an offense under section 462A.14A shall 9 10 offer the person the opportunity to submit to a chemical test. 9 11 However, it is not necessary for the peace officer to offer a 9 12 chemical test to an unconscious person. A peace officer may 9 13 offer a person more than one chemical test under this section. 9 14 However, all tests must be administered within two hours after 9 15 the officer had probable cause to believe the person violated 9 16 section 462A.14A. A person must submit to each chemical test 9 17 offered by a peace officer in order to comply with the implied 9 18 consent provisions of this section. 9 19 4. If the chemical test results in prima facie evidence 9 20 that the person is intoxicated, the person shall be arrested 9 21 for an offense under this section. 9 22 5. A person who refuses to submit to a chemical test may 9 23 be arrested for an offense under this section, in addition to 9 24 any order not to operate a motorboat or sailboat imposed under 9 25 subsection 2. 9 26 6. At any proceeding under this section, a person's 9 27 refusal to submit to a chemical test is admissible into 9 28 evidence. 9 29 7. a. When a person is arrested in accordance with this 9 30 section, the registration for the motorboat or sailboat that 9 31 the person was operating at the time of the arrest shall be 9 32 immediately revoked for four months. 9 33 b. If the department revokes the registration for a 9 34 motorboat or sailboat under this section, the department shall 9 35 assess the person a civil penalty of two hundred dollars. The 10 1 money collected by the department under this section shall be 10 2 transmitted to the treasurer of state who shall deposit one- 10 3 half of the money in the separate fund established in section 10 4 915.94 and one-half of the money in the general fund of the 10 5 state. 10 6 c. Registration for a motorboat or sailboat shall not be 10 7 reinstated unless the civil penalty has been paid. 10 8 d. The department shall enact rules related to 10 9 registration revocations under this section that substantially 10 10 conform to the procedures for administrative license 10 11 revocations under chapter 321J. 10 12 Sec. 4. NEW SECTION. 462A.14C PRELIMINARY SCREENING 10 13 TEST. 10 14 If a peace officer has reasonable grounds to believe that a 10 15 motorboat or sailboat operator may be violating or has 10 16 violated section 462A.14A, or the operator has been involved 10 17 in a motorboat or sailboat collision resulting in injury or 10 18 death, the peace officer may request the operator to provide a 10 19 sample of the operator's breath for a preliminary screening 10 20 test using a device approved by the commissioner of public 10 21 safety for that purpose. The results of this preliminary 10 22 screening test may be used for the purpose of deciding whether 10 23 an arrest should be made and whether to request a chemical 10 24 test authorized in section 462A.14B, but shall not be used in 10 25 any court action except to prove that a chemical test was 10 26 properly requested of a person pursuant to this section and 10 27 section 462A.14B. 10 28 Sec. 5. NEW SECTION. 462A.14D ARREST AND CONVICTION 10 29 STATISTICS. 10 30 The department shall collect and maintain records on the 10 31 arrests and convictions for violations of section 462A.14A, 10 32 and shall compile yearly statistics. 10 33 Sec. 6. Section 462A.23, subsection 2, paragraph b, Code 10 34 1999, is amended by striking the paragraph and inserting in 10 35 lieu thereof the following: 11 1 b. Operating a motorboat or sailboat while intoxicated, or 11 2 manipulating water skis, a surfboard, or a similar device 11 3 while in an intoxicated condition or under the influence of a 11 4 narcotic drug. 11 5 Sec. 7. Section 907.3, subsection 1, Code Supplement 1999, 11 6 is amended by adding the following new paragraph: 11 7 NEW PARAGRAPH. l. The offense is a violation of section 11 8 462A.14A, and a mandatory minimum sentence must be served by 11 9 the defendant, either for a primary offense or as a result of 11 10 a specified punishment for contempt under that section or the 11 11 offense is a specified punishment for contempt under section 11 12 462A.14B. 11 13 Sec. 8. Section 907.3, subsection 2, Code Supplement 1999, 11 14 is amended by adding the following new paragraph: 11 15 NEW PARAGRAPH. f. The offense is a violation of section 11 16 462A.14A, to the extent that a mandatory minimum sentence must 11 17 be served by the defendant, for a primary offense or as a 11 18 result of a specified punishment for contempt under that 11 19 section, or the offense is a specified punishment for contempt 11 20 under section 462A.14B. 11 21 Sec. 9. Section 907.3, subsection 3, Code Supplement 1999, 11 22 is amended by adding the following new paragraph: 11 23 NEW PARAGRAPH. f. A mandatory minimum sentence imposed 11 24 for a violation of section 462A.14, or as a result of contempt 11 25 proceedings specified under that section, or the offense is a 11 26 specified punishment for contempt under section 462A.14B. 11 27 Sec. 10. Section 915.80, subsection 2, Code 1999, is 11 28 amended to read as follows: 11 29 2. "Crime" means conduct that occurs or is attempted in 11 30 this state, poses a substantial threat of personal injury or 11 31 death, and is punishable as a felony or misdemeanor, or would 11 32 be so punishable but for the fact that the person engaging in 11 33 the conduct lacked the capacity to commit the crime under the 11 34 laws of this state. "Crime" does not include conduct arising 11 35 out of the ownership, maintenance, or use of a motor vehicle, 12 1 motorcycle, motorized bicycle, train, boat, or aircraft except 12 2 for violations of section 321.261, 321.277, 321J.2,462A.1412 3 462A.14A, or 707.6A, or when the intention is to cause 12 4 personal injury or death. A license revocation under section 12 5 321J.9 or 321J.12 shall be considered by the department as 12 6 evidence of a violation of section 321J.2 for the purposes of 12 7 this subchapter. 12 8 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection 12 9 3, shall not apply to this Act. 12 10 EXPLANATION 12 11 The bill amends certain sections of Code chapter 462A to 12 12 prohibit the operation of a motor boat or sailboat while 12 13 intoxicated, and imposes an implied consent to test and 12 14 penalties similar to that imposed by Code chapter 321J for 12 15 operators of motor vehicles. 12 16 The bill provides that a person who operates a motorboat or 12 17 sailboat while intoxicated commits a serious misdemeanor upon 12 18 a first offense, an aggravated misdemeanor upon a second 12 19 offense, a class "D" felony for a third offense or for an 12 20 offense resulting in serious bodily injury to another, and a 12 21 class "B" felony for an offense resulting in the death of 12 22 another. A serious misdemeanor is punishable by confinement 12 23 for no more than one year and a fine of at least $250 but not 12 24 more than $1,500. An aggravated misdemeanor is punishable by 12 25 confinement for no more than two years and a fine of at least 12 26 $500 but not more than $5,000. A class "D" felony is 12 27 punishable by confinement for no more than five years and a 12 28 fine of at least $750 but not more than $7,500. A class "B" 12 29 felony is punishable by confinement for no more than 25 years. 12 30 Persons convicted of a misdemeanor shall be ordered not to 12 31 operate a motorboat or sailboat for up to one year, and, if 12 32 convicted of a felony, for a period of time comparable to the 12 33 driver's license revocation that would be imposed for similar 12 34 circumstances under Code chapter 321J. Boat registration 12 35 would be revoked for four months upon any arrest, and a civil 13 1 penalty of $200 must be paid prior to reinstatement. 13 2 Corresponding amendments are made to Code section 907.3 to 13 3 prohibit deferral of judgment or sentencing, or suspension of 13 4 execution of any part of a mandatory minimum sentence under 13 5 the new Code section. A corresponding amendment is also made 13 6 to Code section 915.80 to reflect that the penalty provision 13 7 now appears in Code section 462A.14A, rather than section 13 8 462A.14. 13 9 This bill may include a state mandate as defined in Code 13 10 section 25B.3. This bill makes inapplicable Code section 13 11 25B.2, subsection 3, which would relieve a political 13 12 subdivision from complying with a state mandate if funding for 13 13 the cost of the state mandate is not provided or specified. 13 14 Therefore, political subdivisions are required to comply with 13 15 any state mandate included in this bill. 13 16 LSB 5548HH 78 13 17 jj/gg/8.1
Text: HF02033 Text: HF02035 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jan 27 03:35:14 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/02000/HF02034/000112.html
jhf