It is enacted by the General Assembly as follows:

SECTION 1. Sections 46-22.2-1 thru 46-22.2-8 of the General Laws in Chapter 46-22.2 entitled "Alcohol Boating Safety Act" are hereby amended by adding or changing the follows:

{ADD 46-22.2-1. Short title. -- ADD} This chapter shall be known as "The Alcohol Boating Safety Act."

{ADD 46-22.2-2. Definitions. -- ADD} 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:

(a) "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.

(b) "Controlled substance" means a drug, substance or immediate precursor in schedules I-V of chapter 21-28 of the general laws. 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.

(c) "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.

(d) "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 the environment.

(e) "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was ten hundredths percent (.10%), or more, by weight of alcohol in the person's blood.

(f) "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%), by weight of alcohol in the person's blood.

(g) "Watercraft" means a device for transportation by water.

{ADD 46-22.2-3. Violations by intoxicated watercraft operators. -- ADD} (a) Any person who operates a watercraft while intoxicated {ADD as defined in 46-22.2-2 (c) ADD} or after he or she has been ordered not to operate a watercraft under the provisions of this chapter shall be guilty of a misdemeanor {ADD punishable by a fine of up to one thousand ($1,000) dollars and/or up to one (1) year in jail or both ADD} .

(b) Any person who operates a watercraft while intoxicated {ADD as defined in 46-22.2-2 (c) ADD} 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 {ADD punishable by a fine of up to five thousand ($5,000) dollars and/or up to five (5) years in jail or both ADD} .

{ADD 46-22.2-4. Additional penalties for violators. -- ADD} In addition to any criminal penalties imposed under this chapter, the violator's right to operate a watercraft shall be suspended by the {ADD district ADD} court for a maximum period of one (1) 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 {ADD National Association of State Boating Law Administrators ADD} {DEL United States Coast Guard and/or the U.S. Coast Guard Auxiliary DEL} and/or any other department of the environmental management endorsed boating safety course {ADD . ADD} {DEL , including, but not limited to the Power Squadron course. DEL}

{ADD 46-22.2-5. Chemical tests for intoxication. -- ADD} (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 {ADD district ADD} court shall order the person not to operate a watercraft for at least one (1) year. {ADD Any violation of this section shall be a misdemeanor punishable by a fine of up to one thousand ($1,000) dollars and/or up to one (1) year in jail or both. ADD}

(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 (1) 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 {ADD , as defined in 46-22-2(f) ADD} 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 {ADD as defined in 46-22-2(e) ADD} 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 {ADD as to intoxication, but may be used as evidence of refusal ADD} .

(f) The provisions of section 31-27-2 of the general laws 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 (1) year.

{ADD 46-22.2-6. Admissibility of evidence. -- ADD} At any proceeding concerning an offense under this chapter, evidence of the amount by weight of alcohol that was in the blood of the person charged with the offense at the time of the alleged violation, as shown by an analysis of his or her breath, blood, urine, or other bodily substance, shall be admissible.

{ADD 46-22.2-7. Testing of blood of persons killed in watercraft accidents. -- ADD} (a) The director of the department of health shall provide a procedure whereby all morticians in the state shall obtain blood samples from all watercraft operators who have died as a result of and contemporaneously with an accident involving a watercraft.

(b) All law enforcement officers shall report such fatalities to the director of the department of health immediately after their occurrence.

(c) The blood sample, with such other information as may be required, shall be delivered to the director of the department of health. Upon receipt of such sample the director shall cause such tests to be performed as may be required to determine the amount of alcohol or controlled substance that may be contained in such sample.

(d) The results of such tests shall be used exclusively for statistical purposes and the sample shall never be identified with the name of the deceased. Any person releasing or making public such information, other than as herein prescribed, shall be guilty of a misdemeanor.

{ADD 46-22.2-8. Severability. -- ADD} If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 2. This act shall take effect upon passage.