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SB-1808 Driving offenses: vessels and other water devices.(1989-1990)

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SB1808:v95#DOCUMENT

Senate Bill No. 1808
CHAPTER 588

An act to amend Section 655 of, and to add, repeal, and add Section 655.6 of, the Harbors and Navigation Code, relating to driving offenses.

[ Filed with Secretary of State  September 05, 1990. Approved by Governor  September 04, 1990. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1808, Leonard. Driving offenses: vessels and other water devices.
(1)  Existing law prohibits a person from using a vessel or manipulating other specified water devices when under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug, and prohibits performing those activities with an alcohol concentration, as defined, of 0.10% or more in the blood. Existing law also prohibits, on and after January 1, 1992, a person with an alcohol concentration of 0.04% in the blood from operating vessels other than recreational vessels.
This bill would reduce the permissible limit of blood alcohol concentration from 0.10% to 0.08%. The bill would make it an infraction for any person under the age of 18 years to operate any motorboat, or, on and after January 1, 1992, any motorized recreational vessel, with 0.05% or more of alcohol in the person’s blood, would make applicable certain procedures relating to the arrest of the person, and would require offenders to participate in an alcohol education or community service program.
(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
Because the bill would create a new crime and revise the definition of an existing crime, the bill would impose a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:


SECTION 1.

 Section 655 of the Harbors and Navigation Code is amended to read:

655.
 (a)  No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. The department shall adopt regulations for the use of vessels, water skis, aquaplanes, or similar devices in a manner which will minimize the danger to life, limb, or property consistent with reasonable use of the equipment for the purpose for which it was designed.
(b)  No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of intoxicating liquor, any drug, or the combined influence of intoxicating liquor and any drug.
(c)  No person shall operate any vessel or manipulate any water skis, aquaplane, or similar device who has 0.08 percent or more, by weight, of alcohol in his or her blood.
(d)  No person shall operate any vessel, or manipulate water skis, an aquaplane, or a similar device who is addicted to the use of any drug. This subdivision does not apply to a person who is participating in a methadone maintenance treatment program approved pursuant to Article 3 (commencing with Section 4350) of Chapter 1 of Part 1 of Division 4 of the Welfare and Institutions Code.
(e)  No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of intoxicating liquor, any drug, or under the combined influence of intoxicating liquor and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself.
(f)  For purposes of this section, percent, by weight, of alcohol shall be based upon grams of alcohol per 100 milliliters of blood.
In any prosecution under subdivision (c), it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of operation of a vessel if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the operation.
(g)  Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person while operating a vessel or manipulating water skis, an aquaplane, or a similar device under the influence of an alcoholic beverage in violation of subdivision (b) or (e), the amount of alcohol in the person’s blood at the time of the test, as shown by chemical analysis of that person’s blood, breath, or urine, shall give rise to the following presumptions affecting the burden of proof:
(1)  If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.
(2)  If there was at that time 0.05 percent or more, but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.
(3)  If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.
(h)  This section does not limit the introduction of any other competent evidence bearing upon the question whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.
(i)  This section applies to foreign vessels using waters subject to state jurisdiction.
(j)  This section shall remain in effect only until January 1, 1992, and as of that date is repealed.

SEC. 2.

 Section 655 of the Harbors and Navigation Code is amended to read:

655.
 (a)  No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. The department shall adopt regulations for the use of vessels, water skis, aquaplanes, or similar devices in a manner which will minimize the danger to life, limb, or property consistent with reasonable use of the equipment for the purpose for which it was designed.
(b)  No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug.
(c)  No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0. 08 percent or more in his or her blood.
(d)  No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood.
(e)  No person shall operate any vessel, or manipulate water skis, an aquaplane, or a similar device who is addicted to the use of any drug. This subdivision does not apply to a person who is participating in a methadone maintenance treatment program approved pursuant to Article 3 (commencing with Section 4350) of Chapter 1 of Part 1 of Division 4 of the Welfare and Institutions Code.
(f)  No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself.
(g)  In any prosecution under subdivision (c), it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of operation of a recreational vessel if the person had an alcohol concentration of 0.08 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation.
(h)  In any prosecution under subdivision (d), it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of operation of a vessel other than a recreational vessel if the person had an alcohol concentration of 0.04 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation.
(i)  Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person who was operating a vessel or manipulating water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage in violation of subdivision (b) or (f), the amount of alcohol in the person’s blood at the time of the test, as shown by a chemical test of that person’s blood, breath, or urine, shall give rise to the following presumptions affecting the burden of proof:
(1)  If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.
(2)  If there was at that time 0.05 percent or more, but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.
(3)  If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.
(j)  This section does not limit the introduction of any other competent evidence bearing upon the question whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.
(k)  This section applies to foreign vessels using waters subject to state jurisdiction.
( l)  This section shall become operative on January 1, 1992.

SEC. 3.

 Section 655.6 is added to the Harbors and Navigation Code, to read:

655.6.
 (a)  It is an infraction for a person under the age of 18 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to operate any motorboat.
(b)  A person may be found to be in violation of subdivision (a) if the person was, at the time of operating any motorboat, under the age of 18 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was operating any motorboat while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.
(c)  Section 655.1 applies to violations of this section.
(d)   A violation of this section is punishable by a fine not exceeding one hundred dollars ($100). A second violation occurring within one year of a prior violation which resulted in a conviction is punishable by a fine not exceeding two hundred dollars ($200). A third or any subsequent conviction within a period of one year of two or more prior infractions which resulted in convictions is punishable by a fine not exceeding two hundred fifty dollars ($250). A person found to have committed a violation of this section shall be required to participate in an alcohol education or community service program as provided in Section 23141 of the Vehicle Code.
(e)  This section shall remain in effect only until January 1, 1992, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1992, deletes or extends that date.

SEC. 4.

 Section 655.6 is added to the Harbors and Navigation Code, to read:

655.6.
 (a)  It is an infraction for a person under the age of 18 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to operate any motorized recreational vessel.
(b)  A person may be found to be in violation of subdivision (a) if the person was, at the time of operating any motorized recreational vessel, under the age of 18 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was operating any motorized recreational vessel while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.
(c)  Section 655.1 applies to violations of this section.
(d)   A violation of this section is punishable by a fine not exceeding one hundred dollars ($100). A second violation occurring within one year of a prior violation which resulted in a conviction is punishable by a fine not exceeding two hundred dollars ($200). A third or any subsequent conviction within a period of one year of two or more prior infractions which resulted in convictions is punishable by a fine not exceeding two hundred fifty dollars ($250). A person found to have committed a violation of this section shall be required to participate in an alcohol education or community service program as provided in Section 23141 of the Vehicle Code.
(e)  This section shall become operative on January 1, 1992.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.