BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 154|
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THIRD READING
Bill No: SB 154
Author: Benoit (R)
Amended: 4/28/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/14/09
AYES: Leno, Benoit, Hancock, Huff, Steinberg, Wright
NO VOTE RECORDED: Cedillo
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Vessels: operation of vessel
SOURCE : Author
DIGEST : This bill makes changes to provisions of law
relating to boating under the influence to conform to the
treatment and license suspension requirements to those of
driving under the influence.
ANALYSIS : Existing law provides that a person who is
convicted of a first driving under the influence (DUI)
offense is subject to the following penalties when given
probation:
1.Possible 48 hours to six months in jail;
2.$390 to $1,000 fine plus 250 percent penalty assessments;
3.Completion of a three-month treatment program or a
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nine-month program if the blood alcohol concentration
(BAC) was .20 percent or more;
4.Six-month license suspension, or a 10-month suspension if
a nine-month program is ordered; and
5.Restricted license may be sought upon proof of enrollment
or completion of program, proof of financial
responsibility, and payment of fees. However, the court
may disallow the restricted license. (Vehicle Code
Sections 13352(a)(1), 133521, 13352.4, 23538(a)(3).)
Existing law provides that no person shall operate any
vessel or manipulate water skis, an aquaplane, or similar
device while under the influence of an alcoholic beverage
and any drug. (Harbors and Navigation Code Section
655(b).)
Existing law provides that 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.
(Harbors and Navigation code Section 655(c).)
Existing law provides that 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. (Harbors and Navigation Code Section 655(d).)
Existing law provides that no person shall operate any
vessel, or manipulate water skis, an aquaplane, or similar
device, who is addicted to the use of any drug. (Harbors
and Navigation Code Section 655(e).).
Existing law provides that a person convicted of a first
violation of boating under the influence (BUI) shall be
punished by a fine of not more than $1,000 or imprisonment
in the county jail for not more than six months, or by both
that fine and imprisonment. If probation is granted, the
court, as a condition of probation, may require the person
to participate in and successfully complete a licensed
drinking driver treatment program. (Harbors and Navigation
Code Section 668(c).)
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This bill provides that if a person is convicted of a first
violation of BUI, if probation is granted, the court shall
impose, as a condition of probation, a requirement that the
person participate in and successfully complete a licensed
DUI program pursuant to Section 11836 of the Health and
Safety Code described in Section 23538 of the Vehicle Code.
Existing law provides that a person convicted of a second
or subsequent violation of BUI or DUI shall be punished by
a fine of not more than $1,000 or imprisonment in the
county jail for not more than one year or by both that fine
and imprisonment. If probation is granted, the court may
require a person to do either of the following, if
available in the county of the person's residence or
employment: an 18 month or 30 month alcohol and drug
treatment program. (Harbors and Navigation Code Section
668(f).)
This bill mandates that the court order the DUI program
when a person is convicted of a second or subsequent BUI or
DUI within seven years.
Existing law provides that 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 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.
(Harbors and Navigation Code Section 655(f).)
Existing law provides that a person convicted of BUI and
causing great bodily injury is guilty of a wobbler with a
fine of $250 - $5,000. If probation is granted, the court,
as a condition of probation, may require a person to
participate in and successfully complete a licensed
drinking-driver treatment program. (Harbors and Navigation
Code Section 668(g).)
This bill provides that when a person is granted probation
for a first conviction of BUI and causing great bodily
injury, the court shall impose a requirement that a person
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participate in, and successfully complete, a licensed DUI
program in conformance with Section 23556 of the Vehicle
Code.
Existing law states that if a person is convicted of BUI
within seven years of a separate conviction of BUI and is
granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail
for not less than five days or more than one year and pay a
fine of not less than $250 or more than $5,000. (Harbors
and Navigation Code Section 668(h)(1).)
This bill provides that in addition to the above sanctions
for a repeat offense, the court shall impose as a condition
of probation a requirement that the person participate in
and successfully complete an 18 month or 30-month licensed
DUI program.
Existing law provides that if a person is convicted of a
violation of BUI within seven years of a BUI with injury,
gross vehicular manslaughter while intoxicated, vehicular
manslaughter committed during operation of a vessel, or DUI
and the defendant is granted probation, the court shall
impose as a condition of probation that the person be
confined in the county jail for not less than 90 days or
more than one year and pay a fine of not less than $250 or
more than $5,000; and the court, as a condition of
probation, may order that the person participate in a
manner satisfactory to the court, in a program licensed, as
specified, if available in the county of the person's
residence or employment. (Harbors and Navigation Code
Section 668(h)(2).)
This bill provides that if a person is convicted of a BUI
within seven years of a BUI with injury, gross vehicular
manslaughter while intoxicated, vehicular manslaughter
during the operation of a vehicle or DUI, the court shall
order a person to participate and successfully complete a
licensed alcohol and drug recovery services program.
Existing law provides that the court shall not absolve a
person who is convicted of a violation of a BUI within 10
years of a separate BUI conviction, vehicular manslaughter
committed during operation of a vessel, or DUI, when the
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separate conviction resulted from the operation of a motor
vehicle, from the minimum time in confinement provided in
this section, and a fine of at least $250. (Harbors and
Navigation Code Section 668(i)).
Existing law provides that except in unusual cases where
the interests of justice demand an exception, the court
shall not strike a separate conviction of specified BUI or
DUI related offenses. (Harbors and Navigation Code Section
668(j)).
This bill provides that the court shall not strike these
offenses.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/15/09)
California boating Safety Officers Association
MADD California
MADD (national)
California State sheriffs' Association
California District Attorneys Association California
California Association of Harbor Masters and Port Captains
California Marine parks and Harbors Association
California Yacht Brokers Association
Marina Recreation Association
Northern California Marine Association
Western Boaters Safety Group
ARGUMENTS IN SUPPORT : According to the author's office,
"According to the California Department of Boating and
Waterways, 25% of all deaths on California waterways are
attributed to boat operators who were under the influence
of alcohol.
"Since the mid 1990s the DMV operated under the assumption
that they had the statutory authority needed to suspend the
driver's licenses of individuals who had been boating under
the influence. Basically, the DMV treated BUI cases
similar to driving under the influence cases which in the
California Vehicle code call for the suspension of a
person's driving privileges.
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"In 2008, the California Court of Appeals ordered an end to
this process. The court's argument for halting this
process was based solely on the fact that DMV lacked
explicit statutory authority.
"The same reckless mindset is at work when intoxicated
individuals take either the wheel of the car or control of
a watercraft. SB 154 reflects the seriousness of BUI
offenses, protecting the safety of travelers on
California's streets, highways, and waterways."
RJG:cm 5/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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