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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 concentration" means the number of grams of 1 7 alcohol per any of the following: 1 8 a. One hundred milliliters of blood. 1 9 b. Two hundred ten liters of breath. 1 10 c. Sixty-seven milliliters of urine. 1 11 2. "Alcoholic beverage" includes alcohol, wine, spirits, 1 12 beer, or any other beverage which contains ethyl alcohol and 1 13 is fit for human consumption. 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 462A.14A, 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 462A.14A, subsection 1, 1 30 paragraph "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 9. "Serious injury" means a bodily injury which creates a 1 35 substantial risk of death, or which causes serious permanent 2 1 disfigurement, or which causes protracted loss or impairment 2 2 of the function of any bodily organ or major bodily member, or 2 3 which causes the loss of any bodily member. 2 4 Sec. 2. NEW SECTION. 462A.14A OPERATING A MOTORBOAT OR 2 5 SAILBOAT WHILE INTOXICATED. 2 6 1. A person commits the offense of operating a motorboat 2 7 or sailboat while intoxicated if the person operates a 2 8 motorboat or sailboat in either of the following conditions: 2 9 a. While under the influence of an alcoholic beverage or 2 10 other drug or a combination of the substances. 2 11 b. While having an alcohol concentration of .10 or more. 2 12 2. A person who violates subsection 1 commits: 2 13 a. A serious misdemeanor for the first offense, and shall 2 14 serve a minimum of forty-eight hours of the sentence imposed 2 15 in the county jail as ordered by the court, less credit for 2 16 any time the person was confined in a jail or detention 2 17 facility following arrest, and shall be assessed a fine of at 2 18 least five hundred dollars. As an alternative to a portion or 2 19 all of the fine, the court may order the person to perform 2 20 unpaid community service, in accordance with section 909.3A. 2 21 b. An aggravated misdemeanor for a second offense 2 22 committed within six years of the first violation of this 2 23 section, and shall serve a minimum of seven days of the 2 24 sentence imposed in the county jail or a community-based 2 25 correctional facility and shall be assessed a fine of at least 2 26 seven hundred fifty dollars. 2 27 c. A class "D" felony and shall be sentenced to 2 28 imprisonment in the county jail for a determinate sentence of 2 29 not more than one year but not less than thirty days and 2 30 assessed a fine of at least seven hundred fifty dollars, or 2 31 shall be sentenced and committed to the custody of the 2 32 director of the department of corrections and assessed a fine 2 33 of at least seven hundred fifty dollars in either of the 2 34 following cases: 2 35 (1) For a third offense committed within six years of the 3 1 first violations of this section. 3 2 (2) For any offense resulting in serious injury to persons 3 3 other than the defendant, if the court determines that the 3 4 person who committed the offense caused the serious injury. 3 5 d. A class "C" felony for any offense resulting in the 3 6 death of persons other than the defendant, if the court 3 7 determines that the person who committed the offense caused 3 8 the death. 3 9 3. a. In addition to a criminal penalty imposed for an 3 10 aggravated misdemeanor under subsection 2, the court shall 3 11 order the person not to operate a motorboat or sailboat for a 3 12 period of time not to exceed one year. 3 13 b. In addition to a criminal penalty imposed for a felony 3 14 under subsection 2, the court shall order the person not to 3 15 operate a motorboat or sailboat for a period of time not to 3 16 exceed two years. 3 17 c. Notwithstanding the provisions of sections 901.5 and 3 18 907.3, the court shall not defer judgment or sentencing, or 3 19 suspend execution of any part of the mandatory minimum 3 20 sentence applicable to the defendant under subsection 2, 3 21 paragraph "a" or "b". 3 22 d. All persons convicted of an offense under subsection 2 3 23 shall be ordered, at the person's expense, to undergo, prior 3 24 to sentencing, a substance abuse evaluation pursuant to 3 25 chapter 125. 3 26 4. A person who operates a motorboat or sailboat after the 3 27 person has been ordered, pursuant to this section, not to 3 28 operate a motorboat or sailboat commits a simple misdemeanor. 3 29 5. a. A person who operates a motorboat or sailboat in 3 30 waters over which this state has jurisdiction impliedly 3 31 consents to submit to the chemical test provisions of this 3 32 section as a condition of operating a motorboat or sailboat in 3 33 this state. If a person refuses to submit to a chemical test 3 34 under this section, the court shall order the person not to 3 35 operate a motorboat or sailboat for a period of time not less 4 1 than one year. If the person violates the court order not to 4 2 operate the motorboat or sailboat, the person shall be in 4 3 contempt of court, punishable by a sentence of between forty- 4 4 eight hours and one year in the county jail, and a fine of 4 5 between five hundred and one thousand five hundred dollars. 4 6 Notwithstanding the provisions of sections 901.5 and 907.3, 4 7 the court shall not defer judgment or sentencing, or suspend 4 8 execution of any part of the mandatory minimum sentence 4 9 applicable for such contempt. As an alternative to a portion 4 10 or all of the fine for such contempt, the court may order the 4 11 person to perform unpaid community service, in accordance with 4 12 section 909.3A. 4 13 b. A peace officer who has probable cause to believe that 4 14 a person has committed an offense under this section shall 4 15 offer the person the opportunity to submit to a chemical test. 4 16 However, it is not necessary for the peace officer to offer a 4 17 chemical test to an unconscious person. A peace officer may 4 18 offer a person more than one chemical test under this section. 4 19 However, all tests must be administered within two hours after 4 20 the officer had probable cause to believe the person violated 4 21 this section. A person must submit to each chemical test 4 22 offered by a peace officer in order to comply with the implied 4 23 consent provisions of this section. 4 24 c. If the chemical test results in relevant evidence that 4 25 the person is intoxicated, the person may be arrested for an 4 26 offense under this section. If the chemical test results in 4 27 prima facie evidence that the person is intoxicated, the 4 28 person shall be arrested for an offense under this section. 4 29 d. A person who refuses to submit to a chemical test may 4 30 be arrested for an offense under this section. 4 31 e. At any proceeding under this section, a person's 4 32 refusal to submit to a chemical test is admissible into 4 33 evidence. 4 34 f. If a person refuses to submit to a chemical test under 4 35 this section, the peace officer shall inform the person that 5 1 the person's refusal will result in the suspension of the 5 2 person's motorboat or sailboat operating privileges. 5 3 6. At any proceeding concerning an offense under this 5 4 section, evidence of the amount of alcohol or other drug that 5 5 was in the blood of the person charged with the offense at the 5 6 time of the alleged violation, as shown by an analysis of the 5 7 person's blood, breath, urine, or other bodily substance, is 5 8 admissible. 5 9 7. The clerk of the district court shall immediately 5 10 certify to the commission a true copy of each order entered 5 11 with respect to judgment and sentence for a defendant under 5 12 this section. 5 13 Sec. 3. NEW SECTION. 462A.14B PRELIMINARY SCREENING 5 14 TEST. 5 15 If a peace officer has reasonable grounds to believe that a 5 16 motorboat or sailboat operator may be violating or has 5 17 violated section 462A.14A, or the operator has been involved 5 18 in a motorboat or sailboat collision resulting in serious 5 19 injury or death, the peace officer may request the operator to 5 20 provide a sample of the operator's breath for a preliminary 5 21 screening test using a device approved by the commissioner of 5 22 public safety for that purpose. The results of this 5 23 preliminary screening test may be used for the purpose of 5 24 deciding whether an arrest should be made and whether to 5 25 request a chemical test authorized in section 462A.14A, but 5 26 shall not be used in any court action except to prove that a 5 27 chemical test was properly requested of a person pursuant to 5 28 this section and section 462A.14A. 5 29 Sec. 4. NEW SECTION. 462A.14C ARREST AND CONVICTION 5 30 STATISTICS. 5 31 The department shall collect and maintain records on the 5 32 arrests and convictions for violations of section 462A.14A, 5 33 and shall compile yearly statistics. 5 34 Sec. 5. Section 462A.23, subsection 2, paragraph b, Code 5 35 1999, is amended by striking the paragraph and inserting in 6 1 lieu thereof the following: 6 2 b. Operating a motorboat or sailboat while intoxicated, or 6 3 manipulating water skis, a surfboard, or a similar device 6 4 while in an intoxicated condition or under the influence of a 6 5 narcotic drug. 6 6 Sec. 6. Section 907.3, subsection 1, Code Supplement 1999, 6 7 is amended by adding the following new paragraph: 6 8 NEW PARAGRAPH. l. The offense is a violation of section 6 9 462A.14A, and a mandatory minimum sentence must be served by 6 10 the defendant, either for a primary offense or as a result of 6 11 a specified punishment for contempt under that section. 6 12 Sec. 7. Section 907.3, subsection 2, Code Supplement 1999, 6 13 is amended by adding the following new paragraph: 6 14 NEW PARAGRAPH. f. The offense is a violation of section 6 15 462A.14A, to the extent that a mandatory minimum sentence must 6 16 be served by the defendant, for a primary offense or as a 6 17 result of a specified punishment for contempt under that 6 18 section. 6 19 Sec. 8. Section 907.3, subsection 3, Code Supplement 1999, 6 20 is amended by adding the following new paragraph: 6 21 NEW PARAGRAPH. f. A mandatory minimum sentence imposed 6 22 for a violation of section 462A.14, or as a result of contempt 6 23 proceedings specified under that section. 6 24 Sec. 9. Section 915.80, subsection 2, Code 1999, is 6 25 amended to read as follows: 6 26 2. "Crime" means conduct that occurs or is attempted in 6 27 this state, poses a substantial threat of personal injury or 6 28 death, and is punishable as a felony or misdemeanor, or would 6 29 be so punishable but for the fact that the person engaging in 6 30 the conduct lacked the capacity to commit the crime under the 6 31 laws of this state. "Crime" does not include conduct arising 6 32 out of the ownership, maintenance, or use of a motor vehicle, 6 33 motorcycle, motorized bicycle, train, boat, or aircraft except 6 34 for violations of section 321.261, 321.277, 321J.2,462A.146 35 462A.14A, or 707.6A, or when the intention is to cause 7 1 personal injury or death. A license revocation under section 7 2 321J.9 or 321J.12 shall be considered by the department as 7 3 evidence of a violation of section 321J.2 for the purposes of 7 4 this subchapter. 7 5 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 6 3, shall not apply to this Act. 7 7 EXPLANATION 7 8 The bill amends certain sections of Code chapter 462A to 7 9 prohibit the operation of a motor boat or sailboat while 7 10 intoxicated, and imposes an implied consent to test similar to 7 11 that imposed by Code chapter 321J for operators of motor 7 12 vehicles. 7 13 The bill provides that a person who operates a motorboat or 7 14 sailboat while intoxicated commits a serious misdemeanor upon 7 15 a first offense, an aggravated misdemeanor upon a second 7 16 offense, a class "D" felony for a third offense or for an 7 17 offense resulting in serious bodily injury to another, and a 7 18 class "C" felony for an offense resulting in the death of 7 19 another. A serious misdemeanor is punishable by confinement 7 20 for no more than one year and a fine of at least $250 but not 7 21 more than $1,500. An aggravated misdemeanor is punishable by 7 22 confinement for no more than two years and a fine of at least 7 23 $500 but not more than $5,000. A class "D" felony is 7 24 punishable by confinement for no more than five years and a 7 25 fine of at least $750 but not more than $7,500. A class "C" 7 26 felony is punishable by confinement for no more than 10 years 7 27 and a fine of at least $1,000 but not more than $10,000. 7 28 In addition, persons convicted of an aggravated misdemeanor 7 29 shall be ordered not to operate a motorboat or sailboat for up 7 30 to one year. Persons convicted of a felony shall be ordered 7 31 not to operate a motorboat or sailboat for up to two years. 7 32 Violations of such an order are punishable as a simple 7 33 misdemeanor. A simple misdemeanor is punishable by 7 34 confinement for no more than 30 days or a fine of at least $50 7 35 but not more than $500 or by both. 8 1 Persons who refuse to submit to a chemical test shall be 8 2 ordered not to operate a motorboat or sailboat for up to one 8 3 year. Violations of such an order are punishable as contempt, 8 4 with a sentence of between 48 hours and one year in jail, and 8 5 a fine of between $500 and $1,500. 8 6 Corresponding amendments are made to Code section 907.3 to 8 7 prohibit deferral of judgment or sentencing, or suspension of 8 8 execution of any part of a mandatory minimum sentence under 8 9 the new Code section. A corresponding amendment is also made 8 10 to Code section 915.80 to reflect that the penalty provision 8 11 now appears in Code section 462A.14A, rather than section 8 12 462A.14. 8 13 This bill may include a state mandate as defined in Code 8 14 section 25B.3. This bill makes inapplicable Code section 8 15 25B.2, subsection 3, which would relieve a political 8 16 subdivision from complying with a state mandate if funding for 8 17 the cost of the state mandate is not provided or specified. 8 18 Therefore, political subdivisions are required to comply with 8 19 any state mandate included in this bill. 8 20 LSB 5348DP 78 8 21 jj/gg/8.1
Text: HSB00598 Text: HSB00600 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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