Chapter 250
2009 -- H 5289 AS AMENDED
Enacted 11/10/09
A N A C T
RELATING TO WATERS AND NAVIGATION - ALCOHOL BOATING SAFETY
Introduced By: Representatives Gallison, Gablinske, Hearn, Malik, and JP O`Neill
Date
Introduced: February 04, 2009
It is enacted by
the General Assembly as follows:
SECTION 1. Section 46-22.2-2 of the General Laws in Chapter
46-22.2 entitled "Alcohol
Boating Safety Act" is
hereby amended to read as follows:
46-22.2-2.
Definitions. -- For the purposes of this chapter,
the following words and
phrases shall have the following meanings:
(1) "Chemical
test" means an analysis of a person's blood, breath, urine, or other
bodily
substance for the determination of the presence of alcohol or a
controlled substance.
(2) "Controlled
substance" means a drug, substance, or immediate precursor in schedules
I-V of chapter 28 of title 21. The term shall not include distilled spirits, wine,
or malt beverages,
as those terms are defined or used in chapter 1 of title
3, nor tobacco.
(3)
"Intoxicated" means under the influence of alcohol, a controlled
substance, any drug
other than alcohol or a controlled substance, or any
combination of alcohol, controlled substance,
or drugs, so that there is impaired thought and action
and loss of normal control of a person's
faculties to such an extent as to endanger any person.
(4) "Law
enforcement officer" means an employee, the duties of whose position
include
investigation, apprehension, or detention of individuals suspected
or convicted of offenses against
the criminal laws of the state and includes environmental
police officers employed by the
department of environmental management.
(5) "Prima facie
evidence of intoxication" includes evidence that at the time of an alleged
violation there was eight hundredths of one percent (.08%), or
more, by weight of alcohol in the
person's blood if twenty-one (21) years of age or older or
two hundredths of one percent (.02%)
or more by weight of alcohol in the person’s blood if
under the age of twenty-one (21).
(6) "Relevant
evidence" includes evidence that at the time of the alleged violation
there
was at least five hundredths of one percent (.05%) but
less than eight hundredths of one percent
(.08%) by weight of alcohol in the person's blood if
twenty-one (21) years of age or older or two
hundredths of one percent (.02%) or more by weight of alcohol in
the person’s blood if under the
age of twenty-one (21).
(7)
"Watercraft" means a device for transportation by water
(8) "Serious
bodily injury" means physical injury that creates a substantial risk of
death
or causes serious permanent disfigurement or protracted
loss or impairment of the function of any
bodily member or organ.
(9) "Blood alcohol
level" means the percent by weight of alcohol in a person's blood,
based upon milligrams of alcohol per one hundred (100)
cubic centimeters of blood.
(10)
"Operator" means the person who is steering a watercraft as it is
underway.
(11)
"Underway" means that a watercraft is not at anchor or made fast to
shore or
ground.
SECTION 2. Chapter 46-22.2 of the General Laws entitled
"Alcohol Boating Safety
Act" is hereby amended
by adding thereto the following section:
46-22.2-3.1.
Additional penalties for underage offenders.-. – If not otherwise
subject
to a penalty for violations of this chapter contained in
46-22.2-3, any watercraft operator under
the age of twenty-one (21) years of age who violates any
provision of this chapter may be
assessed the following additional penalties:
(1) Suspension of
motor vehicle operator’s license for one year;
(2) Suspension of the
right to operate a watercraft for an additional period of three (3)
months to six (6) months;
(3) Suspension of
owner’s/operator’s registration of the watercraft that was being
operated at the time of this chapter’s violation.
SECTION 3. This act shall take effect upon passage.
=======
LC00909
=======