Bill Text: IA HSB559 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to matters under the purview of the department of natural resources, including administration, dams and spillways, personal flotation devices, and operating a motorboat or sailboat while intoxicated, providing penalties, and making penalties applicable.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-01-19 - Subcommittee: Klein, Paustian and Steckman. H.J. 96. [HSB559 Detail]

Download: Iowa-2021-HSB559-Introduced.html

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House Study Bill 559 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED DEPARTMENT OF
NATURAL RESOURCES BILL)
A BILL FOR
An Act relating to matters under the purview of the department
of natural resources, including administration, dams
and spillways, personal flotation devices, and operating
a motorboat or sailboat while intoxicated, providing
penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MISCELLANEOUS ADMINISTRATIVE CHANGES
Section 1. Section 455A.11, Code 2022, is amended to read
as follows:
455A.11 Preferences in temporary employment.
In its employment of persons in temporary positions in
conservation and outdoor recreation, the department of natural
resources shall give preference to persons meeting eligibility
requirements for the green thumb program and to persons
working toward an advanced education in natural resources and
conservation.
Sec. 2. Section 455A.14, subsections 1 and 2, Code 2022, are
amended to read as follows:
1. Notwithstanding any provision of law to the contrary,
the department is authorized to establish fees for camping and
use of rental facilities and other special privileges at state
parks , forests, and recreation areas under the jurisdiction of
the department.
2. The fees established by the department pursuant to
this section shall be in such amounts as may be determined
by the department to be reasonably competitive with fees
established in other public parks , forests, or recreation areas
that provide the same or similar privileges and are located
within sixty miles of the perimeter of the state park , forest,
or recreation area for which the department is establishing
fees. Such fees may be increased, reduced, or waived by
the department on a statewide basis or on the basis of an
individual state park , forest, or recreation area for special
promotional events or efforts or on the basis of special
seasonal or holiday rates.
Sec. 3. Section 462A.12A, Code 2022, is amended to read as
follows:
462A.12A Online watercraft education courses.
1. The department shall develop requirements and standards
for online watercraft education courses. Only vendors who have
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entered into a memorandum of understanding written agreement
with the department shall be approved by the department
to offer an online watercraft education course that upon
successful completion is sufficient to result in the issuance
of a watercraft education certificate to the person who
completes the course.
2. A vendor approved to offer an online watercraft
education course as provided in subsection 1 may charge
a fee for the course as agreed to in the memorandum of
understanding agreement with the department and may also
collect the watercraft education certificate fee on behalf of
the department as agreed to in the memorandum of understanding
agreement .
DIVISION II
DAMS AND SPILLWAYS —— REPEAL
Sec. 4. Section 455A.4, subsection 1, paragraph b, Code
2022, is amended to read as follows:
b. Provide overall supervision, direction, and coordination
of functions to be administered by the administrators under
chapters 321G , 321I , 455B , 455C , 456A , 456B , 457A , 458A , 459 ,
459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B ,
483A , 484A , and 484B .
Sec. 5. Section 455A.5, subsection 6, paragraphs a, b, and
d, Code 2022, are amended to read as follows:
a. Establish policy and adopt rules, pursuant to chapter
17A , necessary to provide for the effective administration of
chapter 321G , 321I , 456A , 456B , 457A , 461A , 462A , 462B , 464A ,
465C , 481A , 481B , 483A , 484A , or 484B .
b. Hear appeals in contested cases pursuant to chapter 17A
on matters relating to actions taken by the director under
chapter 321G , 321I , 456A , 456B , 457A , 461A , 462A , 462B , 464A ,
465C , 481A , 481B , 483A , 484A , or 484B .
d. Approve the budget request prepared by the director for
the programs authorized by chapters 321G , 321I , 456A , 456B ,
457A , 461A , 462A , 462B , 464A , 481A , 481B , 483A , 484A , and 484B .
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The commission may increase, decrease, or strike any item
within the department budget request for the specified programs
before granting approval.
Sec. 6. Section 455A.6, subsection 6, paragraph b, Code
2022, is amended to read as follows:
b. Hear appeals in contested cases pursuant to chapter 17A
on matters relating to actions taken by the director under
chapter 455C , 458A , 464B , or 473 .
Sec. 7. Section 456A.24, subsection 12, Code 2022, is
amended to read as follows:
12. Adopt rules authorizing officers and employees of the
department who are peace officers to issue warning citations
for violations of this chapter and chapters 321G , 321I , 350 ,
456B , 457A , 461A , 461B , 461C , 462A , 462B , 464A , 465A , 465B ,
465C , 481A , 481B , 482 , 483A , 484A , and 484B .
Sec. 8. Section 481A.1, unnumbered paragraph 1, Code 2022,
is amended to read as follows:
Words and phrases as used in this chapter and chapters 350 ,
456A , 456B , 457A , 461A , 461B , 461C , 462A , 462B , 464A , 465A ,
465B , 465C , 481B , 482 , 483A , 484A , and 484B and such other
chapters as relate to the subject matter of these chapters
shall be construed as follows:
Sec. 9. Section 602.8102, subsection 26, Code 2022, is
amended by striking the subsection.
Sec. 10. REPEAL. Sections 464A.1, 464A.1A, 464A.2, 464A.3,
464A.4, 464A.5, 464A.6, 464A.7, 464A.8, 464A.9, and 464A.10,
Code 2022, are repealed.
Sec. 11. REPEAL. Chapter 464B, Code 2022, is repealed.
Sec. 12. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to transfer section 464A.11
to section 456A.11.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
DIVISION III
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PERSONAL FLOTATION DEVICES
Sec. 13. Section 462A.2, Code 2022, is amended by adding the
following new subsections:
NEW SUBSECTION . 37A. “Throwable personal flotation device”
means a personal flotation device that is intended to be thrown
to a person in the water. A personal flotation device marked
as type IV or type V, with type IV performance, is considered
throwable. Unless specifically marked otherwise, a throwable
personal flotation device is not a wearable personal flotation
device.
NEW SUBSECTION . 45A. “Wearable personal flotation device”
means a personal flotation device that is intended to be worn
or otherwise attached to the body. A personal flotation device
marked as type I, type II, type III, or type V, with type
I, II, or III performance, is considered wearable. Unless
specifically marked otherwise, a wearable personal flotation
device is not a throwable personal flotation device.
Sec. 14. Section 462A.9, subsection 6, Code 2022, is amended
to read as follows:
6. Every vessel shall carry at least one life preserver,
life belt, ring buoy or other device, of the sort prescribed
by the rules of the commission, wearable personal flotation
device for each passenger, which device must be of a sort
prescribed by the commission by rule and so placed as to be
readily accessible. This subsection does not apply to a vessel
which is a racing shell used in the sport of sculling or to a
sailboard while used for windsurfing.
Sec. 15. Section 462A.9, subsection 8, paragraph b, Code
2022, is amended to read as follows:
b. The operator of a motorboat, while engaged in such race,
must wear a crash helmet and life preserver wearable personal
flotation device of a sort prescribed by the commission by
rule .
Sec. 16. Section 462A.12, subsection 15, Code 2022, is
amended to read as follows:
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15. A person shall not operate a vessel on the waters of
this state under the jurisdiction of the commission unless
every person on board the vessel who is under thirteen years
of age is wearing a type I, II, III, or V personal flotation
device , including “float coats” that meet this definition, that
is approved as a wearable personal flotation device by the
United States coast guard, while the vessel is under way. This
subsection does not apply when the person under thirteen years
of age is in an enclosed cabin or below deck, or is a passenger
on a commercial vessel with a passenger capacity of twenty-five
persons or more.
Sec. 17. Section 462A.12, Code 2022, is amended by adding
the following new subsection:
NEW SUBSECTION . 16. A person shall not operate a vessel
that is sixteen feet or more in length, except a canoe or
kayak, on the waters of this state under the jurisdiction of
the commission unless at least one throwable personal flotation
device is readily accessible on board the vessel.
DIVISION IV
BOATING WHILE INTOXICATED
Sec. 18. Section 321J.24, subsection 1, paragraph a, Code
2022, is amended to read as follows:
a. “Appropriate victim” means a victim whose condition
demonstrates the results of a motor vehicle or boating accident
involving intoxicated drivers operators, as applicable to
the participant, without being excessively traumatic to the
participant, as determined by the tour supervisor.
Sec. 19. Section 321J.24, subsection 2, Code 2022, is
amended to read as follows:
2. A reality education substance abuse prevention program
is established in those judicial districts where the chief
judge of the judicial district authorizes participation in the
program. Upon a conviction or adjudication for a violation
of section 321J.2 or 462A.14 , or the entry of a deferred
judgment concerning a violation of section 321J.2 or 462A.14 ,
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the court or juvenile court may order participation in the
reality education substance abuse prevention program as a term
and condition of probation or disposition in addition to any
other term or condition of probation or disposition required or
authorized by law. The court or juvenile court shall require
the defendant or delinquent child to abstain from consuming any
controlled substance, alcoholic liquor, wine, or beer while
participating in the program.
Sec. 20. Section 321J.24, subsection 5, paragraph a,
subparagraph (1), Code 2022, is amended to read as follows:
(1) A hospital or other emergency medical care facility
which regularly receives appropriate victims of motor vehicle
accidents , to observe treatment of appropriate victims of motor
vehicle accidents involving intoxicated drivers , under the
supervision of a registered nurse, physician, paramedic, or
emergency medical technician.
Sec. 21. Section 462A.14, subsection 2, Code 2022, is
amended to read as follows:
2. A person who violates subsection 1 commits:
a. A serious misdemeanor for the first offense, punishable
by all of the following:
(1) Imprisonment A minimum period of imprisonment in the
county jail for not less than of forty-eight hours, but not
to exceed one year, to be served as ordered by the court,
less credit for any time the person was confined in a jail or
detention facility following arrest , or for any time the person
spent in a court-ordered operating-while-intoxicated program
that provides law enforcement security . However, the court,
in ordering service of the sentence and in its discretion, may
accommodate the defendant’s work schedule.
(2) Assessment of a fine of one thousand two hundred fifty
dollars. However, in the discretion of the court, if no
personal or property injury has resulted from the defendant’s
actions, up to five six hundred twenty-five dollars of the
fine may be waived. As an alternative to a portion or all of
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the fine, the court may order the person to perform unpaid
community service. However, the court shall not order the
person to perform unpaid community service in lieu of a
civil penalty assessed pursuant to subparagraph (5) or victim
restitution ordered pursuant to subsection 9 or any other
applicable law. Surcharges and fees shall also be assessed
pursuant to chapter 911.
(3) Prohibition of operation of a motorboat or sailboat for
one year, pursuant to court order.
(4) Assignment to substance abuse evaluation and treatment,
pursuant to subsection 12 , and a course for drinking drivers if
available and appropriate, a reality education substance abuse
prevention program pursuant to section 321J.24 .
(5) (a) With the consent of the defendant, the court may
defer judgment pursuant to section 907.3 and may place the
defendant on probation upon conditions as it may require. Upon
a showing that the defendant is not fulfilling the conditions
of probation, the court may revoke probation and impose any
sentence authorized by law. Before taking such action, the
court shall give the defendant an opportunity to be heard on
any matter relevant to the proposed action. Upon violation
of the conditions of probation, the court may proceed as
provided in chapter 908. Upon fulfillment of the conditions
of probation and the payment of fees imposed and not waived by
the judicial district department of correctional services under
section 905.14, the defendant shall be discharged without entry
of judgment.
(b) Upon the entry of a deferred judgment, a civil penalty
shall be assessed as provided in section 907.14 in an amount
not less than the amount of the criminal fine authorized
pursuant to subparagraph (2).
b. An aggravated misdemeanor for a second offense,
punishable by all of the following:
(1) Imprisonment A minimum period of imprisonment in the
county jail or community-based correctional facility for not
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less than of seven days but not to exceed two years .
(2) Assessment of a fine of not less than one thousand
five hundred at least one thousand eight hundred seventy-five
dollars nor more than five thousand but not to exceed six
thousand two hundred fifty dollars. Surcharges and fees shall
be assessed pursuant to chapter 911.
(3) Prohibition of operation of a motorboat or sailboat for
two years, pursuant to court order.
(4) Assignment to substance abuse evaluation and treatment,
pursuant to subsections 12 and 13 , and a course for drinking
drivers if available and appropriate, a reality education
substance abuse prevention program pursuant to section 321J.24 .
c. A class “D” felony for a third offense and each
subsequent offense, punishable by all of the following:
(1) Imprisonment in the county jail for a determinate
sentence of not more than one year but not less than thirty
days, or committed to the custody of the director of the
department of corrections. A person convicted of a third or
subsequent offense may be committed to the custody of the
director of the department of corrections, who shall assign
the person to a facility pursuant to section 904.513 or the
offender may be committed to treatment in the community under
the provisions of section 907.13 . Commitment to the custody
of the director of the department of corrections for an
indeterminate term not to exceed five years, with a mandatory
minimum term of thirty days.
(a) If the court does not suspend a person's sentence of
commitment to the custody of the director of the department of
corrections under this subparagraph (1), the person shall be
assigned to a facility pursuant to section 904.513.
(b) If the court suspends a person’s sentence of commitment
to the custody of the director of the department of corrections
under this subparagraph (1), the court shall order the person
to serve not less than thirty days nor more than one year in the
county jail, and the person may be committed to treatment in
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the community under section 907.6.
(2) Assessment of a fine of not less than two thousand five
hundred at least three thousand one hundred twenty-five dollars
nor more than seven thousand five hundred but not to exceed
nine thousand three hundred seventy-five dollars. Surcharges
and fees shall be assessed pursuant to chapter 911.
(3) Prohibition of operation of a motorboat or sailboat for
six years, pursuant to court order.
(4) Assignment to substance abuse evaluation and treatment,
pursuant to subsections 12 and 13 , and a course for drinking
drivers if available and appropriate, a reality education
substance abuse prevention program pursuant to section 321J.24 .
d. A class “D” felony for any offense under this
section resulting in serious injury to persons other than
the defendant, if the court determines that the person who
committed the offense caused the serious injury, and shall
be imprisoned for a determinate sentence of not more than
five years but not less than thirty days, or committed to the
custody of the director of the department of corrections, and
assessed a fine of not less than two thousand five hundred
dollars nor more than seven thousand five hundred dollars. A
person convicted of a felony offense may be committed to the
custody of the director of the department of corrections, who
shall assign the person to a facility pursuant to section
904.513 . The court shall also order that the person not
operate a motorboat or sailboat for one year in addition to
any other period of time the defendant would have been ordered
not to operate if no injury had occurred in connection with
the violation. The court shall also assign the defendant
to substance abuse evaluation and treatment pursuant to
subsections 12 and 13 , and a course for drinking drivers.
e. A class “B” felony for any offense under this section
resulting in the death of persons other than the defendant, if
the court determines that the person who committed the offense
caused the death, and shall be imprisoned for a determinate
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sentence of not more than twenty-five years, or committed to
the custody of the director of the department of corrections.
A person convicted of a felony offense may be committed to
the custody of the director of the department of corrections,
who shall assign the person to a facility pursuant to section
904.513 . The court shall also order that the person not
operate a motorboat or sailboat for six years. The court shall
also assign the defendant to substance abuse evaluation and
treatment pursuant to subsections 12 and 13 , and a course for
drinking drivers.
Sec. 22. Section 462A.14, subsection 3, Code 2022, is
amended by striking the subsection and inserting in lieu
thereof the following:
3. The court shall not do any of the following for a
violation of this section:
a. Defer judgment if prohibited under section 907.3,
subsection 1.
b. Defer the sentence if prohibited under section 907.3,
subsection 2.
c. Suspend the sentence if prohibited under section 907.3,
subsection 3.
Sec. 23. Section 462A.14, subsection 4, unnumbered
paragraph 1, Code 2022, is amended to read as follows:
In determining if a violation charged is a second or
subsequent offense for purposes of criminal sentencing or
license or privilege revocation prohibition on the operation
of a motorboat or sailboat under this section , all of the
following apply :
Sec. 24. Section 462A.14, subsection 7, Code 2022, is
amended to read as follows:
7. a. This section does not apply to a person operating
a motorboat or sailboat while under the influence of a drug
if the person submitted to chemical testing of the person’s
blood or urine as required under section 462A.14A or under
the authority of a valid search warrant, and if the substance
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was prescribed for the person and was taken under the
prescription and in accordance with the directions of a medical
practitioner as defined in chapter 155A or if the substance was
dispensed by a pharmacist without a prescription pursuant to
the rules of the board of pharmacy, if there is no evidence
of the consumption of alcohol and the medical practitioner
or pharmacist had not directed the person to refrain from
operating a motor vehicle, or motorboat or sailboat.
b. When charged with a violation of subsection 1 , paragraph
“c” , or in a hearing under section 462A.14B, subsection 2,
involving a person whose blood or urine was tested despite
the person’s refusal to submit, in accordance with section
462A.14D, a person may assert, as an affirmative defense, that
the controlled substance present in the person’s blood or
urine was prescribed or dispensed for the person and was taken
in accordance with the directions of a practitioner and the
labeling directions of the pharmacy, as that person and place
of business are defined in section 155A.3 .
Sec. 25. Section 462A.14, subsection 8, paragraph c, Code
2022, is amended by striking the paragraph and inserting in
lieu thereof the following:
c. The department of public safety shall adopt nationally
accepted standards for determining detectable levels
of controlled substances in the division of criminal
investigation’s initial laboratory screening test for
controlled substances.
Sec. 26. Section 462A.14, subsection 12, paragraphs d and e,
Code 2022, are amended to read as follows:
d. The court may prescribe the length of time for the
evaluation and treatment or the court may request that
the community college or licensed substance abuse program
conducting the course for drinking drivers which the defendant
is ordered to attend or the treatment program to which the
defendant is committed immediately report to the court when
the defendant has received maximum benefit from the course for
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drinking drivers or treatment program or has recovered from the
defendant’s addiction, dependency, or tendency to chronically
abuse alcohol or drugs.
e. Upon successfully completing a course for drinking
drivers or an ordered substance abuse treatment program, a
court may place the defendant on probation for six months and
as a condition of probation, the defendant shall attend a
program providing posttreatment services relating to substance
abuse as approved by the court.
Sec. 27. Section 462A.14A, subsection 4, paragraphs b, c, f,
and g, Code 2022, are amended to read as follows:
b. If the peace officer fails to offer a test within two
hours after the preliminary screening test is administered
or refused, or the arrest is made, whichever occurs first, a
test is not required under this section , and there shall be
no suspension prohibition of motorboat or sailboat operation
privileges.
c. Refusal to submit to a chemical test of urine or breath
is deemed a refusal to submit, and the peace officer shall
inform the person that the person’s refusal will result in the
suspension prohibition of the person’s privilege to operate a
motorboat or sailboat.
f. A person who is dead, unconscious, or otherwise in a
condition rendering the person incapable of consent or refusal
is deemed not to have withdrawn the consent provided by this
section , and the test may be given if a licensed physician ,
physician assistant, or advanced registered nurse practitioner
certifies in advance of the test that the person is dead,
unconscious, or otherwise in a condition rendering that person
incapable of consent or refusal. If the certification is oral,
a written certification shall be completed by the physician,
physician assistant, or advanced registered nurse practitioner
within a reasonable time of the test.
g. A Except in a case involving a person described in
paragraph “f” or in a case where the chemical test is sought
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pursuant to a valid search warrant, a person who has been
requested to submit to a chemical test shall be advised by a
peace officer of the following: pursuant to section 462A.14C.
(1) A refusal to submit to the test is punishable by
a mandatory civil penalty of five hundred to two thousand
dollars, and suspension of motorboat or sailboat operating
privileges for at least a year. In addition, if the person
is also convicted of operating a motorboat or sailboat while
intoxicated, the person shall be subject to additional
penalties.
(2) If the person submits to the test and the results
indicate an alcohol concentration equal to or in excess of
the level prohibited under section 462A.14 and the person
is convicted, the person’s motorboat or sailboat operating
privileges will be suspended for at least one year and up to
six years, depending upon how many previous convictions the
person has under this chapter , and whether or not the person
has caused serious injury or death, in addition to any sentence
and fine imposed for a violation of section 462A.14 .
Sec. 28. Section 462A.14A, subsection 6, Code 2022, is
amended to read as follows:
6. Only a licensed physician, licensed physician assistant
as defined in section 148C.1 , medical technologist, or
registered nurse, acting at the request of a peace officer, may
withdraw a specimen of blood for the purpose of determining the
alcohol concentration or the presence of a controlled substance
or other drugs. However, any peace officer, using devices and
methods approved by the commissioner of public safety, may take
a specimen of a person’s breath or urine for the purpose of
determining the alcohol concentration or the presence of drugs.
Only new equipment kept under strictly sanitary and sterile
conditions shall be used for drawing blood. Medical personnel
who use reasonable care and accepted medical practices in
withdrawing blood specimens are immune from liability for their
actions in complying with requests made of them pursuant to
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this section .
Sec. 29. Section 462A.14A, subsection 8, Code 2022, is
amended to read as follows:
8. In any prosecution under section 462A.14 , evidence
of the results of analysis of a specimen of the defendant’s
blood, breath, or urine is admissible upon proof of a proper
foundation. The alcohol concentration established by the
results of an analysis of a specimen of the defendant’s
blood, breath, or urine withdrawn within two hours after the
defendant was operating or was otherwise in physical control
of a motorboat or sailboat is presumed to be the alcohol
concentration at the time of operation or being in physical
control of the motorboat or sailboat. If a person refuses
to submit to a chemical test, proof of refusal is admissible
in any civil or criminal action or proceeding arising out
of acts alleged to have been committed while the person was
operating a motorboat or sailboat in violation of section
462A.14 . This section does not limit the introduction of
any competent evidence bearing on the question of whether a
person was under the influence of an alcoholic beverage or a
controlled substance or other drug, including the results of
chemical tests of specimens of blood, breath, or urine obtained
more than two hours after the person was operating a motorboat
or sailboat.
Sec. 30. Section 462A.14A, Code 2022, is amended by adding
the following new subsections:
NEW SUBSECTION . 9. If a person refuses to submit to a
chemical test, proof of refusal is admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person was operating a motorboat
or sailboat in violation of section 462A.14.
NEW SUBSECTION . 10. This section does not limit the
introduction of any competent evidence bearing on the question
of whether a person was under the influence of an alcoholic
beverage or a controlled substance or other drug, including
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the results of chemical tests of specimens of blood, breath,
or urine obtained more than two hours after the person was
operating a motorboat or sailboat.
Sec. 31. Section 462A.14B, Code 2022, is amended to read as
follows:
462A.14B Refusal to submit —— penalty.
1. If a person refuses to submit to the chemical testing
under section 462A.14A , a test shall not be given unless the
procedure in a warrant is obtained pursuant to section 462A.14D
is invoked or chapter 808 . However, if the person refuses the
test, the person shall may be punishable punished by the court
according to this section .
2. The court, upon petition of the state in a criminal
action or proceeding arising out the acts alleged to have
been committed while the person was operating a motorboat or
sailboat in violation of section 462A.14, shall order a hearing
be scheduled. The court, for cause and upon its own motion or
upon application by an indigent person or a public defender,
shall appoint the state public defender’s designee pursuant
to section 13B.4 to represent the person in proceedings under
this section. Upon a finding that the officer had reasonable
ground grounds to believe the person to have been operating a
motorboat or sailboat in violation of section 462A.14 , that
specified conditions existed for chemical testing pursuant to
section 462A.14A , and that the person refused to submit to the
chemical testing, the court shall :
a. Order order that the person shall not operate a motorboat
or sailboat for one year.
b. Impose a mandatory civil penalty as follows:
(1) For a first refusal under this section , five hundred
dollars.
(2) For a second refusal under this section , one thousand
dollars.
(3) For a third or subsequent refusal under this section ,
two thousand dollars.
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3. If the person does not pay the civil penalty by the time
the one-year order not to operate expires, the court shall
extend the order not to operate a motorboat or sailboat for an
additional year, and may also impose penalties for contempt.
In a proceeding regarding a prohibition of operating privileges
under this section, evidence of the results of analysis of
a specimen of the defendant’s blood, breath, or urine is
admissible upon proof of a proper foundation. The alcohol
concentration established by the results of an analysis of a
specimen of the defendant’s blood, breath, or urine withdrawn
within two hours after the defendant was operating a motorboat
or sailboat is presumed to be the alcohol concentration at the
time of such operation.
4. The court shall not defer judgment or sentencing, or
suspend execution of any order or fine applicable under this
section . Costs of any proceeding under this section may be
assessed to the defendant upon issuance of an order prohibiting
operation of a motorboat or sailboat entered pursuant to
subsection 2. Such costs shall be considered category “B”
restitution as defined in section 910.1 and upon request of the
defendant, the court shall determine the defendant’s reasonable
ability to pay pursuant to section 910.2A and shall enter
orders consistent with that determination. Where the court
has found, pursuant to subsection 2, that an order prohibiting
operation of a motorboat or sailboat is not warranted, costs
shall be assessed to the state.
5. The penalties imposed by this section shall apply in
addition to any penalties imposed under section 462A.14 , except
that the one-year period under the order not to operate a
motorboat or sailboat under this section shall be imposed and
run concurrently with any period of time a defendant is ordered
not to operate a motorboat or sailboat under section 462A.14 .
Sec. 32. Section 462A.14C, subsection 1, Code 2022, is
amended to read as follows:
1. A person who has been requested to submit to a chemical
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test shall be advised by a peace officer of the following:
a. A refusal to submit to the test is punishable by a
mandatory civil penalty of five hundred to two thousand
dollars, and suspension prohibition of motorboat or sailboat
operating privileges for at least a one year. In addition,
if the person is also convicted of operating a motorboat or
sailboat while intoxicated a crime under this chapter , the
person shall be subject to additional penalties as specified in
this chapter at a criminal sentencing .
b. If the person submits to the test and the results
indicate the presence of a controlled substance or other drug,
or an alcohol concentration equal to or in excess of the
level prohibited by section 462A.14 person is convicted of a
crime under this chapter , the person’s privilege to operate a
motorboat or sailboat will be prohibited for at least one year,
and up to six years person shall be subject to prohibitions and
additional penalties as specified in this chapter at a criminal
sentencing .
Sec. 33. Section 462A.14D, subsections 1, 2, and 5, Code
2022, are amended to read as follows:
1. Refusal to consent to a test under section 462A.14A does
not prohibit the withdrawal of a specimen for chemical testing
pursuant to a search warrant issued in the investigation of a
suspected violation of section 462A.14 if all of the following
grounds exist:
a. An accident has resulted in a death or personal injury
reasonably likely to cause death.
b. There are reasonable grounds to believe that one or more
of the persons whose operation of a motorboat or sailboat may
have been the proximate cause of the accident was violating
section 462A.14 at the time of the accident . Search warrants
may be issued in full compliance with chapter 808 or search
warrants may be issued under this section. A search warrant
obtained pursuant to chapter 808 is not invalidated by the
nonexistence of a condition set forth in subsection 2.
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2. Search warrants may be issued under this section in full
compliance with chapter 808 or search warrants may be issued
under subsection 3 . the investigation of a suspected violation
of section 462A.14 if all of the following grounds exist:
a. An accident has resulted in a death or bodily injury
reasonably likely to cause death.
b. There are reasonable grounds to believe that one or more
of the persons whose operation of a motorboat or sailboat may
have been the proximate cause of the accident was violating
section 462A.14 at the time of the accident.
5. The act of any person knowingly resisting or obstructing
the withdrawal of a specimen pursuant to a valid search warrant
issued under this section 462A.14D or chapter 808 constitutes
contempt punishable as provided in that section and further
constitutes a refusal to submit by a fine not exceeding one
thousand dollars or by imprisonment in a county jail not
exceeding one year or by both . Also, if the withdrawal of
a specimen is so resisted or obstructed, section 462A.14A
applies.
Sec. 34. NEW SECTION . 462A.14G Persons under the age of
twenty-one.
A person who is under the age of twenty-one shall not operate
a motorboat or sailboat while having an alcohol concentration
of .02 or more. If a person operates a motorboat or sailboat
while having an alcohol concentration in violation of this
section and less than .08, the person is guilty of a simple
misdemeanor.
Sec. 35. NEW SECTION . 462A.14H Homicide or serious injury
by sailboat or motorboat.
1. A person commits a class “B” felony when the person
unintentionally causes an accident that results in the death of
another while operating a motorboat or sailboat in violation
of section 462A.14.
2. A person commits a class “D” felony when the person
unintentionally causes an accident that results in a serious
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injury while operating a motorboat or sailboat in violation of
section 462A.14.
3. Pursuant to section 907.3, the court shall not defer
judgment or sentencing, or suspend execution of any part of the
sentence applicable to the defendant, for a violation of this
section.
Sec. 36. Section 811.1, subsections 1 and 2, Code 2022, are
amended to read as follows:
1. A defendant awaiting judgment of conviction and
sentencing following either a plea or verdict of guilty of a
class “A” felony; forcible felony as defined in section 702.11 ;
any class “B” felony included in section 462A.14 462A.14H or
707.6A ; any felony included in section 124.401, subsection
1 , paragraph “a” or “b” ; a second or subsequent offense under
section 124.401, subsection 1 , paragraph “c” ; any felony
punishable under section 902.9, subsection 1 , paragraph “a” ;
any public offense committed while detained pursuant to section
229A.5 ; or any public offense committed while subject to an
order of commitment pursuant to chapter 229A .
2. A defendant appealing a conviction of a class “A” felony;
forcible felony as defined in section 702.11 ; any class “B” or
“C” felony included in section 462A.14 462A.14H or 707.6A ; any
felony included in section 124.401, subsection 1 , paragraph
“a” or “b” ; or a second or subsequent conviction under section
124.401, subsection 1 , paragraph “c” ; any felony punishable
under section 902.9, subsection 1 , paragraph “a” ; any public
offense committed while detained pursuant to section 229A.5 ;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A .
Sec. 37. Section 904.513, subsection 1, paragraph a, Code
2022, is amended to read as follows:
a. The department of corrections, in cooperation with the
judicial district departments of correctional services, shall
establish in each judicial district a continuum of programming
for the supervision and treatment of offenders convicted of
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violating chapter 321J or section 462A.14 who are sentenced to
the custody of the director. The continuum shall include a
range of sanctioning options that include but are not limited
to prisons and residential facilities.
Sec. 38. Section 904.513, subsection 1, paragraph b,
subparagraph (2), Code 2022, is amended to read as follows:
(2) Offenders convicted of violating chapter 321J or
section 462A.14 , sentenced to the custody of the director,
and awaiting placement in a community residential substance
abuse treatment program for such offenders shall be placed in
an institutional substance abuse program for such offenders
within sixty days of admission to the institution or as soon
as practical. When placing offenders convicted of violating
chapter 321J or section 462A.14 in community residential
substance abuse treatment programs for such offenders, the
department shall give priority as appropriate to the placement
of those offenders currently in institutional substance abuse
programs for such offenders. The department shall work with
each judicial district to enable such offenders to enter
community residential substance abuse treatment programs
at a level comparable to their prior institutional program
participation.
Sec. 39. Section 904.909, Code 2022, is amended to read as
follows:
904.909 Work release and OWI violators —— reimbursement to
department for transportation costs.
The department of corrections shall arrange for the return
of a work release client, or offender convicted of violating
chapter 321J or section 462A.14 , who escapes from the facility
to which the client is assigned or violates the conditions
of supervision. The client or offender shall reimburse the
department of corrections for the cost of transportation
incurred because of the escape or violation. The amount
of reimbursement shall be the actual cost incurred by the
department and shall be credited to the support account from
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which the billing occurred. The director of the department
of corrections shall recommend rules pursuant to chapter 17A ,
subject to approval by the board of corrections pursuant to
section 904.105, subsection 7 , to implement this section .
Sec. 40. Section 907.3, subsection 1, paragraph a,
subparagraph (7), Code 2022, is amended to read as follows:
(7) The offense is a violation of section 462A.14 , and
a mandatory minimum sentence must be served or mandatory
minimum fine must be paid by the defendant. the person has
been convicted of a violation of that section or the person is
prohibited from operating a vessel under section 462A.14B, and
any of the following apply:
(a) The defendant’s alcohol concentration established by
the results of an analysis of a specimen of the defendant’s
blood, breath, or urine withdrawn in accordance with section
462A.14 exceeds .15, regardless of whether or not the alcohol
concentration indicated by the chemical test minus the
established margin of error inherent in the device or method
used to conduct the test equals an alcohol concentration of .15
or more.
(b) The defendant has previously been convicted of a
violation of section 462A.14, subsection 1, or a violation of a
statute in another state substantially corresponding to section
462A.14, subsection 1.
(c) The defendant has previously received a deferred
judgment or sentence for a violation of section 462A.14,
subsection 1, or for a violation of a statute in another state
substantially corresponding to section 462A.14, subsection 1.
(d) The defendant refused to consent to testing requested in
accordance with section 462A.14A.
(e) The offense under section 462A.14 results in bodily
injury to a person other than the defendant.
Sec. 41. Section 907.3, subsection 1, paragraph a, Code
2022, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (08) The offense is a violation of
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section 462A.14H.
Sec. 42. Section 907.3, subsection 2, paragraph a,
subparagraph (3), Code 2022, is amended to read as follows:
(3) The offense is a violation of section Section 462A.14 ,
and a mandatory minimum sentence must be served or mandatory
minimum fine must be paid by the defendant. if any of the
following apply:
(a) The defendant’s alcohol concentration established by
the results of an analysis of a specimen of the defendant’s
blood, breath, or urine withdrawn in accordance with section
462A.14 exceeds .15, regardless of whether or not the alcohol
concentration indicated by the chemical test minus the
established margin of error inherent in the device or method
used to conduct the test equals an alcohol concentration of .15
or more.
(b) The defendant has previously been convicted of a
violation of section 462A.14, subsection 1, or a violation of a
statute in another state substantially corresponding to section
462A.14, subsection 1.
(c) The defendant has previously received a deferred
judgment or sentence for a violation of section 462A.14,
subsection 1, or for a violation of a statute in another state
substantially corresponding to section 462A.14, subsection 1.
(d) The defendant refused to consent to testing requested in
accordance with section 462A.14A.
(e) The offense under section 462A.14 results in bodily
injury to a person other than the defendant.
Sec. 43. Section 907.3, subsection 2, paragraph a, Code
2022, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (04) Section 462A.14H.
Sec. 44. Section 907.3, subsection 3, paragraph f, Code
2022, is amended to read as follows:
f. A mandatory minimum sentence or fine imposed for a
violation of section 462A.14 . of incarceration imposed pursuant
to a violation of section 462A.14, subsection 1, and the
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court shall not suspend any part of a sentence not involving
incarceration beyond the mandatory minimum imposed pursuant to
section 462A.14, subsection 2, if any of the following apply:
(1) The defendant’s alcohol concentration established by
the results of an analysis of a specimen of the defendant’s
blood, breath, or urine withdrawn in accordance with section
462A.14 exceeds .15, regardless of whether or not the alcohol
concentration indicated by the chemical test minus the
established margin of error inherent in the device or method
used to conduct the test equals an alcohol concentration of .15
or more.
(2) The defendant has previously been convicted of a
violation of section 462A.14, subsection 1, or a violation of a
statute in another state substantially corresponding to section
462A.14, subsection 1.
(3) The defendant has previously received a deferred
judgment or sentence for a violation of section 462A.14,
subsection 1, or for a violation of a statute in another state
substantially corresponding to section 462A.14, subsection 1.
(4) The defendant refused to consent to testing requested in
accordance with section 462A.14A.
(5) The offense under section 462A.14 results in bodily
injury to a person other than the defendant.
Sec. 45. Section 907.3, subsection 3, Code 2022, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0g. A sentence imposed for a violation of
section 462A.14H.
Sec. 46. Section 915.80, subsection 2, Code 2022, is amended
to read as follows:
2. “Crime” means conduct that occurs or is attempted in
this state, poses a substantial threat of personal injury or
death, and is punishable as a felony or misdemeanor, or would
be so punishable but for the fact that the person engaging in
the conduct lacked the capacity to commit the crime under the
laws of this state. “Crime” does not include conduct arising
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out of the ownership, maintenance, or use of a motor vehicle,
motorcycle, motorized bicycle, train, boat, or aircraft except
for violations of section 321.261 , 321.277 , 321J.2 , 462A.7 ,
462A.12 , 462A.14 , 462A.14H, or 707.6A , or when the intention is
to cause personal injury or death. A license revocation under
section 321J.9 or 321J.12 shall be considered by the department
as evidence of a violation of section 321J.2 for the purposes
of this subchapter . A license suspension or revocation under
section 462A.14 , 462A.14B , or 462A.23 shall be considered by
the department as evidence of a violation of section 462A.14
for the purposes of this subchapter .
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to matters under the purview of the
department of natural resources (DNR).
MISCELLANEOUS ADMINISTRATIVE CHANGES. The bill removes
persons meeting eligibility requirements for the green thumb
program from receiving preference in employment for temporary
positions in conservation and outdoor recreation with the DNR.
Under current law, the DNR is authorized to establish fees
for camping and use of rental facilities and other special
privileges at state parks and recreation areas under DNR
jurisdiction. The bill expands this authorization to include
state forests.
The bill requires vendors that offer online watercraft
education courses to enter into a written agreement with the
DNR rather than a memorandum of understanding.
DAMS AND SPILLWAYS —— REPEAL. Code chapter 464A authorizes
the natural resource commission (NRC) to erect a dam or
spillway across a stream or at the outlet of a lake, or to alter
or reconstruct an existing dam or spillway, so as to increase
or decrease its permanent height, or to permanently affect the
water level above the structure. The Code chapter governs the
use of an expert plan, the process for setting a hearing and
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filing claims for damages, the factors to be considered prior
to adopting a dam or spillway plan, the process for appraising
damages, the process for judicial review, and the process
to adopt a tentative plan as final. The bill repeals these
provisions.
The bill transfers the remaining provision of Code chapter
464A, Code section 464A.11, which requires the DNR to establish
a water trails and low head dam public hazard program, to Code
section 456A.11.
Code chapter 464B regulates dams and provides for the
protection of banks along any part of a stream or raceway,
provides that an owner or occupier of a mill or machinery may
recover damages caused by a person who injures, destroys,
or removes an embankment or other works, and provides that
a person owning and using water power for the purpose of
propelling machinery has the right to acquire, maintain, and
utilize the fall below such power for the purpose of making
improvements. The bill repeals Code chapter 464B.
PERSONAL FLOTATION DEVICES. Under current law, every
watercraft vessel is required to carry at least one life
preserver, life belt, ring buoy, or other device for each
passenger, so placed as to be readily accessible. A violation
of this provision is punishable by a scheduled fine of $30.
The bill reclassifies such devices as wearable personal
flotation devices. A personal flotation device marked as
type I, type II, type III, or type V with type I, II, or
III performance, is considered wearable. The bill makes
corresponding changes to references to life preservers and
personal flotation devices in Code chapter 462A.
The bill requires a person who operates a vessel 16 feet or
more in length, except a canoe or kayak, on the waters of this
state under the jurisdiction of the NRC to carry at least one
throwable personal flotation device that is readily accessible
on board the vessel. A personal flotation device marked as
type IV or type V, with type IV performance, is considered
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throwable. A violation of this provision is punishable by a
scheduled fine of $35.
BOATING WHILE INTOXICATED. The bill amends the laws
relating to operating a motorboat or sailboat while intoxicated
(BWI) under Code sections 462A.14 through 462A.14F to generally
mirror the laws relating to operating a motor vehicle while
intoxicated (OWI) under Code chapter 321J, with certain
exceptions.
Similar to OWI offenses, the bill allows a court to
give credit for time served to a person who is guilty
of BWI for any time the person spent in a court-ordered
operating-while-intoxicated program that provides law
enforcement security. A court may assign a person to
substance abuse evaluation and treatment, and if available and
appropriate, a reality education substance abuse prevention
program pursuant to Code section 321J.24. A court may defer
judgment, impose a civil penalty equal to the criminal fine
that would otherwise apply, defer a sentence, suspend a
sentence, and place a defendant on probation in the same manner
as for OWI offenses.
Under current law, in both BWI and OWI criminal proceedings
involving controlled substances, a person may assert an
affirmative defense that the controlled substance present in
the person’s blood or urine was prescribed or dispensed for
the person and was taken in accordance with the directions of
a practitioner and the labeling directions of the pharmacy.
The bill authorizes the use of the affirmative defense in
proceedings related to a person’s refusal to submit to a test
in BWI cases.
The bill amends Code section 462A.14A to mirror the
requirements that exist under Code chapter 321J for a licensed
physician, a physician assistant, or advanced registered nurse
practitioner to certify that the person to be tested is dead,
unconscious, or otherwise in a condition rendering that person
incapable of consent or refusal. If the certification is oral,
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a written certification must be completed by the physician,
physician assistant, or advanced registered nurse practitioner
within a reasonable time of the test.
The bill strikes provisions to reduce redundancy regarding
the advisement that a law enforcement officer is required to
provide to a person suspected of BWI.
The bill strikes medical personnel immunity from liability
for actions in complying with requests to withdraw blood
specimens when they use reasonable care and accepted medical
practices.
The bill strikes the mandatory civil penalty under current
law for refusing to submit to a test. The bill authorizes
a court to appoint the state public defender’s designee to
represent an indigent person at a hearing related to a person’s
refusal to consent to testing and whether the person must
be prohibited from operating a motorboat or sailboat. In a
proceeding regarding a prohibition of operating privileges due
to a refusal, evidence of the results of analysis of a specimen
of the defendant’s blood, breath, or urine is admissible
upon proof of a proper foundation. Costs of a test refusal
proceeding may be assessed to the operator upon issuance of
an order prohibiting operation of a motorboat or sailboat.
Such costs are category “B” restitution and upon request
of the defendant, the court must determine the defendant’s
reasonable ability to pay. Where the court has found that an
order prohibiting operation of a motorboat or sailboat is not
warranted, costs are assessed to the state.
The bill aligns search warrant requirements in Code section
462A.14D to Code chapter 321J. The bill punishes the act
of knowingly resisting or obstructing the withdrawal of a
specimen pursuant to a valid search warrant issued as contempt
punishable by a fine not exceeding $1,000 or by imprisonment
not exceeding one year or by both.
The bill makes it a simple misdemeanor for persons under
the age of 21 who operate a motorboat or sailboat while having
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an alcohol concentration equal to or greater than .02 and less
than .08. A simple misdemeanor is punishable by confinement
for no more than 30 days and a fine of at least $105 but not
more than $855.
Under the bill, a person commits a class “B” felony when the
person unintentionally causes an accident that results in the
death of another while operating a motorboat or sailboat while
intoxicated. A class “B” felony is punishable by confinement
for no more than 25 years. In addition, a person commits a
class “D” felony when the person unintentionally causes an
accident that results in a serious injury while operating a
motorboat or sailboat while intoxicated. A class “D” felony
is punishable by confinement for no more than five years and
a fine of at least $1,025 but not more than $10,245. Similar
to vehicular homicide offenses involving OWI, a court is
prohibited from deferring judgment, deferring a sentence, or
suspending a sentence for these offenses.
The bill generally aligns the periods of imprisonment and
fine amounts for BWI offenses to those of OWI offenses. Under
current law, a first offense of BWI is a serious misdemeanor
and the minimum fine is $1,000. The bill increases the minimum
fine to $1,250. The court may still waive one-half of the fine
at the court’s discretion. However, the court cannot order a
person to perform unpaid community service in lieu of a civil
penalty or victim restitution. Surcharges and fees must also
be assessed pursuant to Code chapter 911. Under current law,
a second offense of BWI is an aggravated misdemeanor and the
fine must be between $1,500 and $5,000. The bill increases
the applicable fine to between $1,875 and $6,250. A third or
subsequent offense of BWI is a class “D” felony and the fine
must be between $2,500 and $7,500. The bill increases the
applicable fine to between $3,125 and $9,375.
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