Bill Text: CA SB1162 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vessels: violations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-06-28 - Chaptered by Secretary of State. Chapter 67, Statutes of 2014. [SB1162 Detail]

Download: California-2013-SB1162-Introduced.html

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BILL NUMBER: SB 1162	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Berryhill

                        FEBRUARY 20, 2014

   An act to amend Sections 307, 655.2, and 668 of the Harbors and
Navigation Code, relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1162, as introduced, Berryhill. Vessels: violations.
   (1) Existing law makes a person who moors a vessel to, or hangs on
with a vessel to, a buoy or beacon, except as provided, or who
willfully removes, damages, or destroys a buoy or beacon, placed by a
competent authority in any navigable waters of this state, is guilty
of a misdemeanor.
   This bill would instead make a person who violates that provision
guilty of an infraction, punishable by a fine of not more than $100.
   Existing law provides that an owner, operator, or person in
command of any vessel propelled by machinery who uses it, or permits
it to be used, at a speed in excess of 5 miles per hour in any
portion of specified beach, swimming, or boat landing areas, not
otherwise regulated by local rules and regulations, is guilty of a
misdemeanor, punishable as specified.
   This bill would instead make those persons guilty of an
infraction, punishable as specified.
   Existing law makes any person who violates specified regulations
governing the piloting of vessels on state waters, guilty of a
misdemeanor, punishable by a fine of not more than $100 or
imprisonment in a county jail for not more than 5 days, or by both
that fine and imprisonment, for each violation.
   This bill would instead make any person who violates specified
regulations relating to proper operation of blinding lights or
navigation lights guilty of an infraction, punishable by a fine of
not more than $100.
   Existing law makes any person who violates specified standards for
vessels and associated equipment guilty of a misdemeanor, punishable
by a fine of not more than $1,000 or imprisonment in a county jail
for not more than 6 months, or by both that fine and imprisonment.
   This bill would make any person who violates certain standards for
those vessels and associated equipment by riding on the bow,
gunwale, or transom of a vessel propelled by machinery, or who
violates certain other regulations prescribing safety requirements
for vessels guilty of an infraction, and would impose specified fines
for those violations.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 307 of the Harbors and Navigation Code is
amended to read:
   307.  A person who moors a vessel to, or hangs on with a vessel to
 ,  a buoy or beacon, except a designated mooring buoy, or
who willfully removes, damages, or destroys  ,  a
buoy or beacon, placed by competent authority in any navigable waters
of this state, is guilty of  a misdemeanor   an
infraction, punishable by a fine of not more than one hundred
dollars ($100)  .
  SEC. 2.  Section 655.2 of the Harbors and Navigation Code is
amended to read:
   655.2.  (a) Every owner, operator, or person in command of any
vessel propelled by machinery is guilty of  a misdemeanor
  an infraction  who uses it, or permits it to be
used, at a speed in excess of five miles per hour in any portion of
the following areas not otherwise regulated by local rules and
regulations:
   (1) Within 100 feet of any person who is engaged in the act of
bathing. A person engaged in the sport of water skiing shall not be
considered as engaged in the act of bathing for the purposes of this
section.
   (2) Within 200 feet of any of the following:
   (A) A beach frequented by bathers.
   (B) A swimming float, diving platform, or lifeline.
   (C) A way or landing float to which boats are made fast or which
is being used for the embarkation or discharge of passengers.
   (b) This section does not apply to vessels engaged in direct law
enforcement activities  which   that  are
displaying the lights prescribed by Section 652.5. Those vessels are
also exempt from any locally imposed speed regulation adopted
pursuant to Section 660.
  SEC. 3.  Section 668 of the Harbors and Navigation Code is amended
to read:
   668.  (a) Any person who violates subdivision (c) of Section 652,
Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or
any regulations adopted pursuant thereto, or any regulation adopted
pursuant to Section 655.3 relating to vessel equipment requirements,
is guilty of an infraction, punishable by a fine of not more than two
hundred fifty dollars ($250).
   (b) (1)  Any person who violates Section 655.2, or any
regulation adopted pursuant thereto, or, except   (A)
    Except  as provided in subdivision (a),
any  person who violates any  regulation adopted pursuant to
Section 655.3  ,  is guilty of a misdemeanor and
shall be punished by a fine of not more than one hundred dollars
($100) or imprisonment in a county jail for not more than five days,
or by both that fine and imprisonment, for each violation. 
   (B) Notwithstanding subparagraph (A), any person who violates
subdivision (b)of Section 6695 of Article 5 of Chapter 1 of Division
4 of Title 14 of the California Code of Regulations relating to
blinding lights, is guilty of an infraction, punishable by a fine of
not more than one hundred dollars ($100).  
   (C) Notwithstanding subparagraph (A), any person who violates
Section 6600.1 of Article 5 of Chapter 1 of Division 4 of Title 14 of
the California Code of Regulations, by violating United States Coast
Guard Navigation Rule 20, relating to navigation lights, is guilty
of an infraction, punishable by a fine of not more than one hundred
dollars ($100). 
   (2) Any person who violates subdivision (a) or (b) of Section 658
is guilty of  a misdemeanor   an infraction
 and shall be punished by a fine of not more than two hundred
dollars ($200) for each violation.
    (3)  (A)    Any person who violates subdivision
(d) of Section 652,  Section 652.5,  subdivision
(a) of Section 655, Section 655.05, 656, or 656.1, subdivision (d) or
(e) of Section 658, Section 663.6 or 665, or any rules and
regulations adopted pursuant to subdivision (b) or (c) of Section
660, is guilty of a misdemeanor and shall be punished by a fine of
not more than one thousand dollars ($1,000) or imprisonment in a
county jail for not more than six months, or by both that fine and
imprisonment, for each violation. 
   (B) Notwithstanding subparagraph (A), any person who violates
subdivision (a) of Section 655 by violating subdivision (a) of
Section 6697 of Article 5 of Chapter 1 of Division 4 of Title 14 of
the California Code of Regulations, relating to riding on the bow,
gunwale, or transom of a vessel propelled by machinery is guilty of
an infraction, punishable be a fine of not more than two hundred
fifty dollars ($250).  
   (4) Any person who violates Section 652.5 is guilty of an
infraction, punishable by a fine of not more than one hundred dollars
($100).  
   (5) Any person who violates Section 655.2, or any regulation
adopted pursuant thereto, is guilty of an infraction, punishable by a
fine of not more than one hundred dollars ($100). 
   (c) (1) Any person convicted of a violation of Section 656.2 or
656.3 shall be punished by a fine of not less than one thousand
dollars ($1,000) or more than ten thousand dollars ($10,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code, or in a county jail for not more than one year, or by both
that fine and imprisonment.
   (2) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interest of justice for reasons stated in the
record, may reduce the amount of that minimum fine to less than the
amount otherwise required by this subdivision.
   (d) Any person convicted of a violation of Section 658.5 shall be
punished by a fine of not more than one hundred dollars ($100).
   (e) Any person convicted of a first violation of subdivision (b),
(c), (d), or (e) of Section 655, or of a violation of Section 655.4,
shall be punished by a fine of not more than one thousand dollars
($1,000) or imprisonment in a 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, an alcohol or
drug education, training, or treatment program, in addition to
imposing any penalties required by this code. In order to enable all
persons to participate in licensed programs, every person referred to
a program licensed pursuant to Section 11836 of the Health and
Safety Code shall pay that program's costs commensurate with that
person's ability to pay as determined by Section 11837.4 of the
Health and Safety Code.
   (f) Any person convicted of a second or subsequent violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of the first conviction of any of those subdivisions or subdivision
(f) of Section 655, or any person convicted of a violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of a separate conviction of subdivision (a) or (b) of Section 192.5
of the Penal Code, or a separate conviction of Section 23152 or 23153
of the Vehicle Code or Section 191.5 or subdivision (a) of Section
192.5 of the Penal Code, when the separate conviction resulted from
the operation of a motor vehicle, shall be punished by a fine of not
more than one thousand dollars ($1,000) or imprisonment in a county
jail for not more than one year, or by both that fine and
imprisonment. If probation is granted, the court, as a condition of
probation, may require the person to do either of the following, if
available in the county of the person's residence or employment:
   (1) Participate, for at least 18 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, as
designated by the court. In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.
   (2) Participate, for at least 30 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code. A
person ordered to treatment pursuant to this paragraph shall apply to
the court or to a board of review, as designated by the court, at
the conclusion of the program to obtain the court's order of
satisfaction. Only upon the granting of that order of satisfaction by
the court may the program issue its certificate of successful
completion. A failure to obtain an order of satisfaction at the
conclusion of the program is a violation of probation. In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this paragraph is a
basis for reducing any other probation requirement.
   (g) Any person convicted of a violation of subdivision (f) of
Section 655 shall be punished by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code, or in a county jail for not
less than 90 days or more than one year, and by a fine of not less
than two hundred fifty dollars ($250) or more than five thousand
dollars ($5,000). If probation is granted, the court, as a condition
of probation, may require the person to participate in, and
successfully complete, a program licensed pursuant to Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code, if available in the person's county of
residence or employment, as designated by the court. In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.

   (h) (1) If any person is convicted of a violation of subdivision
(f) of Section 655 within seven years of a separate conviction of a
violation of subdivision (b), (c), (d), or (e) of Section 655 and is
granted probation, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than five
days or more than one year and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000).
   (2) If any person is convicted of a violation of subdivision (f)
of Section 655 within seven years of a separate conviction of a
violation of subdivision (f) of Section 655, of subdivision (a) or
(b) of Section 192.5 of the Penal Code, or Section 23152 or 23153 of
the Vehicle Code or Section 191.5 or subdivision (a) of Section 192.5
of the Penal Code, when the separate conviction resulted from the
operation of a motor vehicle, and is granted probation, the court
shall impose as a condition of probation that the person be confined
in a county jail for not less than 90 days or more than one year, and
pay a fine of not less than two hundred fifty dollars ($250) or more
than five thousand dollars ($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 pursuant to Chapter
9 (commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code, if available in the county of the person's
residence or employment. In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.
   (i) The court shall not absolve a person who is convicted of a
violation of subdivision (f) of Section 655 within seven years of a
separate conviction of a violation of subdivision (b), (c), (d), (e),
or (f) of Section 655, of subdivision (a) or (b) of Section 192.5 of
the Penal Code, or Section 23152 or 23153 of the Vehicle Code or
Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code,
when the 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 two hundred fifty dollars ($250),
except as provided in subdivision (h).
   (j) Except in unusual cases where the interests of justice demand
an exception, the court shall not strike a separate conviction of an
offense under subdivision (b), (c), (d), (e), or (f) of Section 655
or of subdivision (a) or (b) of Section 192.5 of the Penal Code, or
Section 23152 or 23153 of the Vehicle Code or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code, when the separate
conviction resulted from the operation of a motor vehicle, for
purposes of sentencing in order to avoid imposing, as part of the
sentence or as a term of probation, the minimum time in confinement
and the minimum fine, as provided in this section. When a separate
conviction is stricken by the court for purposes of sentencing, the
court shall specify the reason or reasons for the striking order. On
appeal by the people from an order striking a separate conviction, it
shall be conclusively presumed that the order was made only for the
reasons specified in the order, and the order shall be reversed if
there is no substantial basis in the record for any of those reasons.

   (k) A person who flees the scene of the crime after committing a
violation of subdivision (a), (b), or (c) of Section 192.5 of the
Penal Code shall be subject to subdivision (c) of Section 20001 of
the Vehicle Code.
   (l) Any person who violates Section 654.3 is guilty of an
infraction punishable by a fine of not more than five hundred dollars
($500) for each separate violation.