BILL ANALYSIS �
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