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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 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. "Motorboat" means any watercraft, as defined in section 1 18 462A.2, that is propelled by an engine. 1 19 5. "Peace officer" means peace officer as defined in 1 20 section 801.4. 1 21 6. "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 7. "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 8. "Sailboat" means a watercraft, as defined in section 1 32 462A.2, that is propelled by wind through use of one or more 1 33 sails. 1 34 Sec. 2. NEW SECTION. 462A.14A OPERATING A MOTORBOAT OR 1 35 SAILBOAT WHILE INTOXICATED. 2 1 1. A person commits the offense of operating a motorboat 2 2 or sailboat while intoxicated if the person operates a 2 3 motorboat or sailboat in either of the following conditions: 2 4 a. While under the influence of an alcoholic beverage or 2 5 other drug or a combination of the substances. 2 6 b. While having an alcohol concentration equal to or in 2 7 excess of that prohibited by section 321J.2, subsection 1, 2 8 paragraph "b". 2 9 2. A person who violates subsection 1 commits: 2 10 a. A serious misdemeanor for the first offense, and shall 2 11 serve a minimum of forty-eight hours of the sentence imposed 2 12 in the county jail as ordered by the court, less credit for 2 13 any time the person was confined in a jail or detention 2 14 facility following arrest, and shall be assessed a fine of at 2 15 least five hundred dollars. As an alternative to a portion or 2 16 all of the fine, the court may order the person to perform 2 17 unpaid community service, in accordance with section 909.3A. 2 18 b. An aggravated misdemeanor for a second offense 2 19 committed within six years of the first violation of this 2 20 section, and shall serve a minimum of seven days of the 2 21 sentence imposed in the county jail or a community-based 2 22 correctional facility and shall be assessed a fine of at least 2 23 seven hundred fifty dollars. 2 24 c. A class "D" felony and shall be sentenced to 2 25 imprisonment in the county jail for a determinate sentence of 2 26 not more than one year but not less than thirty days and 2 27 assessed a fine of at least seven hundred fifty dollars, or 2 28 shall be sentenced and committed to the custody of the 2 29 director of the department of corrections and assessed a fine 2 30 of at least seven hundred fifty dollars in either of the 2 31 following cases: 2 32 (1) For a third offense committed within six years of the 2 33 first violations of this section. 2 34 (2) For any offense resulting in serious bodily injury to 2 35 persons other than the defendant, if the court determines that 3 1 the person who committed the offense caused the serious bodily 3 2 injury. 3 3 d. A class "C" felony for any offense resulting in the 3 4 death of persons other than the defendant, if the court 3 5 determines that the person who committed the offense caused 3 6 the death. 3 7 3. A person who operates a motorboat or sailboat after the 3 8 person has been ordered, pursuant to this section, not to 3 9 operate a motorboat or sailboat commits a simple misdemeanor. 3 10 4. a. In addition to a criminal penalty imposed for a 3 11 misdemeanor under subsection 2, the court shall order the 3 12 person not to operate a motorboat or sailboat for a period of 3 13 time not to exceed one year. 3 14 b. In addition to a criminal penalty imposed for a felony 3 15 under subsection 2, the court shall order the person not to 3 16 operate a motorboat or sailboat for a period of time not to 3 17 exceed two years. 3 18 c. Notwithstanding the provisions of sections 901.5 and 3 19 907.3, the court shall not defer judgment or sentencing, or 3 20 suspend execution of any part of the mandatory minimum 3 21 sentence applicable to the defendant under subsection 2, 3 22 paragraph "b" or "c". 3 23 d. All persons convicted of an offense under subsection 2 3 24 shall be ordered to undergo prior to sentencing, at the 3 25 person's expense, a substance abuse evaluation pursuant to 3 26 chapter 125. 3 27 5. a. A person who operates a motorboat or sailboat in 3 28 waters over which this state has jurisdiction impliedly 3 29 consents to submit to the chemical test provisions of this 3 30 section as a condition of operating a motorboat or sailboat in 3 31 this state. If a person refuses to submit to a chemical test 3 32 under this section, the court shall order the person not to 3 33 operate a motorboat or sailboat for a period of time not less 3 34 than one year. If the person violates the court order not to 3 35 operate the motorboat or sailboat, the person shall be in 4 1 contempt of court, punishable by a sentence of between forty- 4 2 eight hours and one year in the county jail, and a fine of 4 3 between five hundred and one thousand five hundred dollars. 4 4 Notwithstanding the provisions of sections 901.5 and 907.3, 4 5 the court shall not defer judgment or sentencing, or suspend 4 6 execution of any part of the mandatory minimum sentence 4 7 applicable for such contempt. As an alternative to a portion 4 8 or all of the fine for such contempt, the court may order the 4 9 person to perform unpaid community service, in accordance with 4 10 section 909.3A. 4 11 b. A peace officer who has probable cause to believe that 4 12 a person has committed an offense under this section shall 4 13 offer the person the opportunity to submit to a chemical test. 4 14 However, it is not necessary for the peace officer to offer a 4 15 chemical test to an unconscious person. A peace officer may 4 16 offer a person more than one chemical test under this section. 4 17 However, all tests must be administered within two hours after 4 18 the officer had probable cause to believe the person violated 4 19 this section. A person must submit to each chemical test 4 20 offered by a peace officer in order to comply with the implied 4 21 consent provisions of this section. 4 22 c. If the chemical test results in relevant evidence that 4 23 the person is intoxicated, the person may be arrested for an 4 24 offense under this section. If the chemical test results in 4 25 prima facie evidence that the person is intoxicated, the 4 26 person shall be arrested for an offense under this section. 4 27 d. A person who refuses to submit to a chemical test may 4 28 be arrested for an offense under this section. 4 29 e. At any proceeding under this section, a person's 4 30 refusal to submit to a chemical test is admissible into 4 31 evidence. 4 32 f. If a person refuses to submit to a chemical test under 4 33 this section, the peace officer shall inform the person that 4 34 the person's refusal will result in the suspension of the 4 35 person's motorboat or sailboat operating privileges. 5 1 6. At any proceeding concerning an offense under this 5 2 section, evidence of the amount of alcohol or other drug that 5 3 was in the blood of the person charged with the offense at the 5 4 time of the alleged violation, as shown by an analysis of the 5 5 person's blood, breath, urine, or other bodily substance, is 5 6 admissible. 5 7 7. The clerk of the district court shall immediately 5 8 certify to the commission a true copy of each order entered 5 9 with respect to judgment and sentence for a defendant under 5 10 this section. 5 11 Sec. 3. NEW SECTION. 462A.14B PRELIMINARY SCREENING 5 12 TEST. 5 13 If a peace officer has reasonable grounds to believe that a 5 14 motorboat or sailboat operator may be violating or has 5 15 violated section 462A.14A, or the operator has been involved 5 16 in a motorboat or sailboat collision resulting in injury or 5 17 death, the peace officer may request the operator to provide a 5 18 sample of the operator's breath for a preliminary screening 5 19 test using a device approved by the commissioner of public 5 20 safety for that purpose. The results of this preliminary 5 21 screening test may be used for the purpose of deciding whether 5 22 an arrest should be made and whether to request a chemical 5 23 test authorized in section 462A.14A, but shall not be used in 5 24 any court action except to prove that a chemical test was 5 25 properly requested of a person pursuant to this section and 5 26 section 462A.14A. 5 27 Sec. 4. NEW SECTION. 462A.14C ARREST AND CONVICTION 5 28 STATISTICS. 5 29 The department shall collect and maintain records on the 5 30 arrests and convictions for violations of section 462A.14A, 5 31 and shall compile yearly statistics. 5 32 Sec. 5. Section 462A.23, subsection 2, paragraph b, Code 5 33 1999, is amended by striking the paragraph and inserting in 5 34 lieu thereof the following: 5 35 b. Operating a motorboat or sailboat while intoxicated, or 6 1 manipulating water skis, a surfboard, or a similar device 6 2 while in an intoxicated condition or under the influence of a 6 3 narcotic drug. 6 4 Sec. 6. Section 907.3, subsection 1, Code 1999, is amended 6 5 by adding the following new paragraph: 6 6 NEW PARAGRAPH. l. The offense is a violation of section 6 7 462A.14A, and a mandatory minimum sentence must be served by 6 8 the defendant, either for a primary offense or as a result of 6 9 a specified punishment for contempt under that section. 6 10 Sec. 7. Section 907.3, subsection 2, Code 1999, is amended 6 11 by adding the following new paragraph: 6 12 NEW PARAGRAPH. f. The offense is a violation of section 6 13 462A.14A, to the extent that a mandatory minimum sentence must 6 14 be served by the defendant, for a primary offense or as a 6 15 result of a specified punishment for contempt under that 6 16 section. 6 17 Sec. 8. Section 907.3, subsection 3, Code 1999, is amended 6 18 by adding the following new paragraph: 6 19 NEW PARAGRAPH. f. A mandatory minimum sentence imposed 6 20 for a violation of section 462A.14, or as a result of contempt 6 21 proceedings specified under that section. 6 22 Sec. 9. Section 915.80, subsection 2, Code 1999, is 6 23 amended to read as follows: 6 24 2. "Crime" means conduct that occurs or is attempted in 6 25 this state, poses a substantial threat of personal injury or 6 26 death, and is punishable as a felony or misdemeanor, or would 6 27 be so punishable but for the fact that the person engaging in 6 28 the conduct lacked the capacity to commit the crime under the 6 29 laws of this state. "Crime" does not include conduct arising 6 30 out of the ownership, maintenance, or use of a motor vehicle, 6 31 motorcycle, motorized bicycle, train, boat, or aircraft except 6 32 for violations of section 321.261, 321.277, 321J.2,462A.146 33 462A.14A, or 707.6A, or when the intention is to cause 6 34 personal injury or death. A license revocation under section 6 35 321J.9 or 321J.12 shall be considered by the department as 7 1 evidence of a violation of section 321J.2 for the purposes of 7 2 this subchapter. 7 3 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 4 3, shall not apply to this Act. 7 5 EXPLANATION 7 6 The bill amends certain sections of Code chapter 462A to 7 7 prohibit the operation of a motor boat or sailboat while 7 8 intoxicated, and imposes an implied consent to test similar to 7 9 that imposed by Code chapter 321J for operators of motor 7 10 vehicles. The bill provides that a person who operates a 7 11 motorboat or sailboat while intoxicated commits a serious 7 12 misdemeanor upon a first offense, an aggravated misdemeanor 7 13 upon a second offense, a class "D" felony for a third offense 7 14 or for an offense resulting in serious bodily injury to 7 15 another, and a class "C" felony for an offense resulting in 7 16 the death of another. In addition, persons convicted of a 7 17 misdemeanor shall be ordered not to operate a motorboat or 7 18 sailboat for up to one year, and, if convicted of a felony, up 7 19 to two years. 7 20 Corresponding amendments are made to Code section 907.3 to 7 21 prohibit deferral of judgment or sentencing, or suspension of 7 22 execution of any part of a mandatory minimum sentence under 7 23 the new Code section. A corresponding amendment is also made 7 24 to Code section 915.80 (formerly Code section 912.1) to 7 25 reflect that the penalty provision now appears in Code section 7 26 462A.14A, rather than section 462A.14. 7 27 This bill may include a state mandate as defined in Code 7 28 section 25B.3. This bill makes inapplicable Code section 7 29 25B.2, subsection 3, which would relieve a political 7 30 subdivision from complying with a state mandate if funding for 7 31 the cost of the state mandate is not provided or specified. 7 32 Therefore, political subdivisions are required to comply with 7 33 any state mandate included in this bill. 7 34 LSB 1104XD 78 7 35 jj/gg/8.1
Text: HSB00059 Text: HSB00061 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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