A N A C T
RELATING TO WATERS AND NAVIGATION -- ALCOHOL BOATING SAFETY
It is enacted by the General Assembly as follows:
SECTION 1. Section 46-22.2-4 of the General Laws in Chapter 46-22.2 entitled "Alcohol Boating Safety Act" is hereby deleted in its entirety:
46-22.2-4. Additional penalties for violators -- In addition to any criminal penalties imposed under this chapter, the violator's right to operate a watercraft shall be suspended by the district court for a maximum period of one year in the case of a misdemeanor and two (2) years in the case of a felony and the violator shall be required to take a boating safety course that meets the standards as set forth by the National Association of State Boating Law Administrators and/or any other department of environmental management endorsed boating safety course.
SECTION 2. Sections 46-22.2-2, 46-22.2-3 and 46-22.2-5 of the General Laws in Chapter 46-22.2 entitled "Alcohol Boating Safety Act" are hereby amended to read as follows:
46-22.2-2. Definitions -- The following words and phrases shall have the meanings ascribed to them in this section, unless the context shall indicate another or different meaning or intent:
(1) "Chemical test" means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol or a controlled substance.
(2) "Controlled substance" means a drug, substance, or immediate precursor in schedules I-V of chapter 28 of title 21. The term shall not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.
(3) "Intoxicated" means under the influence of alcohol, a controlled substance, any drug other than alcohol or a controlled substance, or any combination of alcohol, controlled substance, or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.
(4) "Law enforcement officer" means an employee, the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state and shall include conservation officers employed by the department of environmental management.
(5) "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was ten hundredths percent (.10%) eight hundredths percent (.08%), or more, by weight of alcohol in the person's blood.
(6) "Relevant evidence" includes evidence that at the time of the alleged violation there was at least five hundredths percent (.05%) but less than ten hundredths percent (.10%), eight hundredths percent (.08%) by weight of alcohol in the person's blood.
(7) "Watercraft" means a device for transportation by water.
46-22.2-3. Violations by intoxicated watercraft operators -- Criminal penalties -- (a) Any person who Whoever operates a watercraft while intoxicated as defined in section 46-22.2-2(3) or after he or she has been ordered not to operate a watercraft under the provisions of this chapter shall be guilty of a violation, a misdemeanor or felony punishable by a fine of up to one thousand ($1000) dollars and/or up to one (1) year in jail or both and punished as set forth in this section.
(b) Any person who operates a watercraft while intoxicated as defined in section 46-22.2-2(3) and while so operating causes the death or serious bodily injury to another person or has been convicted of a second and subsequent offense under this chapter shall be guilty of a felony punishable by a fine of up to five thousand ($5000) dollars and or up to five (5) years in jail or both.
(c) (1) Any person charged under subsection (a) of this section whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination thereof, to a degree which rendered such person incapable of safely operating a watercraft. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
(2) Whoever operates any watercraft in waters over which this state has jurisdiction with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.
(3) Whoever operates or otherwise drives any watercraft in the state while under the influence of any intoxicating liquor shall be found to have committed a civil violation for a first offense if his or her blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight but less than one-tenth of one percent (.1%) and shall be guilty of a misdemeanor for a second offense, within a five (5) year period if his or her blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight but less than one-tenth of one percent (.1%) by weight or of his or her blood alcohol concentration is one-tenth of one percent (.1%) or greater and shall be punished as provided in subsection (d) of this section.
(d)(1) Every person found to have violated subsection (c)(1) for a first violation whose blood alcohol level is eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight may be subject to a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), may be required to perform ten (10) to sixty (60) hours of public community restitution, may be required to attend a special course on operating a watercraft while intoxicated or under the influence of a controlled substance that meets the standards as set forth by the National Association of State Boating Law Administrators and/or any other department of environmental management endorsed boating safety course, and his or her right to operate a watercraft shall be suspended for up to forty-five (45) days.
Every person convicted of a first violation whose blood alcohol level is one-tenth of one percent (.1%) by weight or greater but less than fifteen hundredths of one percent (.15%) shall be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one (1) year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on operating a watercraft while intoxicated or under the influence of a controlled substance that meets the standards as set forth by the National Association of State Boating Law Administrators and/or any other department of environmental management endorsed boating safety course, and/or alcoholic or drug treatment for the individual.
Every person convicted of a first offense whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or more shall be subject to a fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one (1) year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on operating a watercraft while intoxicated or under the influence of a controlled substance that meets the standards as set forth by the National Association of State Boating Law Administrators and/or any other department of environmental management endorsed boating safety course, and/or alcohol or drug treatment for the individual.
(2) Every person convicted of a second violation within a five (5) year period with a blood alcohol level of eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) and every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's right to operate a watercraft shall be suspended for a period of one (1) year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one (1) year in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge may require alcohol or drug treatment for the individual.
Every person convicted of a second violation within a five (5) year period and his or her blood alcohol concentration is fifteen hundredths of one percent (.15%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be subject to mandatory imprisonment of not less than six (6) months nor more than one (1) year, a mandatory fine of not less than one thousand dollars ($1,000) and a mandatory suspension of that person's right to operate a watercraft for a period of two (2) years from the date of completion of the sentence imposed under this subsection.
(3)(i) Every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state shall be guilty of a felony and be subject to a mandatory fine of four hundred dollars ($400). The person's right to operate a watercraft shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than one (1) year and not more than three (3) years in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual.
Every person convicted of a third or subsequent violation within a five (5) year period whereby his or her blood alcohol concentration is fifteen hundredths of one percent (.15%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) and a mandatory suspension of that person's right to operate a watercraft for a period of three (3) years from the date of completion of the sentence imposed under this subsection.
(ii) In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencing judge, to having the watercraft owned and operated by a violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.
46-22.2-5. Chemical tests for intoxication -- (a) Any person who operates a watercraft in waters over which this state has jurisdiction impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a watercraft in this state. If a person refuses to submit to a chemical test under this chapter, the district court shall order the person not to operate a watercraft for at least one year. Any violation of this section shall be a misdemeanor punishable by a fine of up to one thousand ($1000) dollars and/or up to one (1) year in jail or both. and shall impose a monetary fine of not less than three hundred dollars ($300).
(b) A law enforcement officer having probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one chemical test under this chapter. However, all tests must be administered within three (3) hours after the officer had probable cause to believe the person violated this chapter. A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of this chapter.
(c) If the chemical test results in relevant evidence, as defined in 46-22.2-2(6) that the person is intoxicated, he or she may be arrested for an offense under this chapter. If the chemical test results in prima facie evidence as defined in 46-22.2-2(5) that the person is intoxicated, he or she shall be arrested for an offense under this chapter.
(d) Any person who refuses to submit to a chemical test may be arrested for an offense under this chapter.
(e) At any proceeding under this chapter, a person's refusal to submit to a chemical test is inadmissible into evidence as to intoxication, but may be used as evidence of refusal.
(f) The provisions of section 31-27-2 concerning the certification and use of chemical breath tests apply to the use of such tests in a prosecution under this chapter.
(g) If a person refuses to submit to a chemical test under this chapter, the law enforcement officer shall inform the person that his or her refusal will result in the suspension of his or her watercraft operation privileges for one year. and shall be subject to a monetary fine of not less than three hundred dollars ($300).
SECTION 4. This act shall take effect upon passage.