BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1162
                                                                  Page  1

          Date of Hearing:   June 9, 2014

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                   SB 1162 (Berryhill) - As Amended:  April 7, 2014

           SENATE VOTE  :   37-0
           
          SUBJECT  :   Vessels: violations

           SUMMARY  :   Reclassifies certain boating law violations from  
          misdemeanors to infractions.  Specifically,  this bill  :   

          1)Reclassifies the following violations as infractions and  
            reduces the associated fine to the amount specified:

             a)   Mooring a vessel to a buoy or beacon, except a  
               designated mooring buoy ($100);

             b)   Violating a "blue light law" by failing to provide a  
               clear course for a law enforcement vessel ($100);

             c)   Owning, operating, commanding, or permitting the use of  
               a vessel at a speed over five miles per hour (mph) within  
               100 feet of a swimmer ($100);

             d)   Owning, operating, commanding, or permitting the use of  
               a vessel at a speed over five mph within 200 feet of an  
               occupied beach, swimming float, diving platform, lifeline,  
               or way or landing float used to fast a boat ($100);

             e)   Operating a vessel towing a person on water skis without  
               a person of at least 12 years of age on board, in addition  
               to the operator, to monitor the progress of the persons  
               being towed ($200);

             f)   Operating a vessel towing a person on water skis at  
               night ($200);

             g)   Violating the United States Coast Guard Navigation Rule  
               20 relating to navigation lights, which describes timeframe  
               and condition during which vessel operators must comply  
               with regulations on lighting ($100);

             h)   Improperly shielding floodlights or headlights that may  








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               interfere with proper navigation of approaching vessels  
               ($100); and,

             i)   Performing certain reckless or negligent acts including  
               riding on the bow, gunwale, or transom of a moving vessel  
               that lacks deterrents to falling overboard ($250).

          1)Makes additional non-substantive changes.

           EXISTING LAW  :

          1)Defines a misdemeanor as a crime punishable, at the discretion  
            of the court, by a maximum of 6 months in a county jail, a  
            maximum fine of $1,000, or a combination of both.

          2)Generally defines an infraction as a violation punishable by a  
            maximum fine of $100 for traffic violations and $250 for all  
            other violations.

          3)Defines beacons as permanently fixed aids to navigation  
            structures ranging from lighthouses to small, single-pile  
            structures located on land or in the water. 

          4)Defines buoys as floating aids moored to the seabed by  
            concrete sinkers. 

          5)Specifies that mooring a vessel to a buoy or beacon placed by  
            an authority in the navigable waters of the state is subject  
            to a maximum penalty of a $1,000 fine and/or 6 months in jail.  


          6)Specifies that violating the "blue light law" by failing to  
            provide a clear course for a law enforcement vessel is  
            punishable with a maximum penalty of a $1,000 fine and/or 6  
            months in jail. 

          7)Specifies that owning, operating, commanding, or permitting  
            the use of a vessel at a speed over five mph within 100 feet  
            of a swimmer is subject to a maximum penalty of $100  and/or 5  
            days in jail.

          8)Specifies that owning, operating, commanding, or permitting  
            the use of a vessel at a speed over five mph within 200 feet  
            of an occupied beach, swimming float, diving platform,  
            lifeline, or way or landing float used to fast a boat is  








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            subject to a maximum penalty of $100 fine and/or 5 in jail. 

          9)Specifies that operating a vessel while towing a person on  
            water skis without a person of at least 12 years of age on  
            board, in addition to the operator, to monitor the progress of  
            the persons being towed is subject to a maximum of $200 fine. 

          10)Specifies that violating United States Coast Guard Navigation  
            Rule 20 relating to navigation lights, which describes time  
            frames and conditions during which vessel operators must  
            comply with regulations on lighting is subject to a maximum  
            penalty of $100 and/or 5 days in jail. 

          11)Specifies that improperly shielding floodlights or headlights  
            that may interfere with proper navigation of approaching  
            vessels is subject to a $100 fine and/or 5 days in jail.

          12)Specifies that performing certain reckless or negligent acts  
            including riding on the bow, gunwale, or transom of a moving  
            vessel that lacks deterrents to falling overboard is subject  
            to penalties including a $1,000 fine and/or 6 months in jail. 

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   A misdemeanor is a criminal offense punishable by a  
          fine of up to $1,000 and/or up to one year of jail time.   
          Misdemeanors are considered "lesser" criminal offenses when  
          compared to felonies and are generally punished less severely  
          than felonies but more so than administrative infractions.   
          Misdemeanors typically include crimes such as fleeing from an  
          officer, driving without a license or on a suspended license,  
          and reckless driving. Infractions, on the other hand, are not  
          considered a criminal charge and do not carry with them any jail  
          time requirements.  Infractions carry only a financial penalty,  
          typically between $100 and $250 (not including assessments).   
          Common infractions include seatbelt violations, speeding, and  
          failure to stop a stop sign.  

          According to the author, there are a number of boating  
          violations in current law that are classified as misdemeanors  
          despite the fact that the severity of these crimes is more in  
          line with infractions.  The author cites that when these  
          relatively minor violations carry the weight of a misdemeanor,  
          law enforcement officers become reluctant to issue citations and  
          instead issue warnings which can reduce the effectiveness of the  








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          law to deter the unwanted behavior.  Additionally, the author  
          notes that when citation are issued for these violations (with  
          misdemeanor penalties), prosecutors and courts often fail to  
          take action on them because they are considered minor in  
          comparison to other, more serious offenses that law enforcement  
          and the courts are dealing with.

          To address this issue, the author has introduced this bill which  
          would reclassify a number of relatively minor boating law  
          violations as infractions.  The author believes that  
          reclassifying the penalties for these violations will result in  
          increased enforcement, and therefore increased compliance, while  
          at the same time reducing the burden on the court system.  

          Writing in support, the bill's sponsor, the California State  
          Sheriff's Association, notes that the violations addressed in  
          this bill have disproportionate penalties under existing law  
          given the severity of the offense.  They claim that prosecuting  
          these violations as misdemeanors only serves to "sap" law  
          enforcement and court resources since peace officers must  
          prepare additional reporting when these violations are cited  
          despite the fact the most district attorneys decline prosecution  
          because the crime is relative minor in comparison to other, more  
          severe violations these entities must address.  
           
          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California State Sheriffs' Association (Sponsor)
          San Bernardino Sheriff's Department

           Opposition 
           
          None on file.

           Analysis Prepared by  :    Victoria Alvarez / TRANS. / (916) 319-  
          2093