Alabama 2022 Regular Session

Alabama House Bill HB489 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB489
2	2	2 214817-1
3	3	3 By Representatives Shaver, Wood (D), Pettus, Bedsole,
4	4	4 Treadaway, Farley and Clouse
5	5	5 RFD: Public Safety and Homeland Security
6	6	6 First Read: 10-MAR-22
7	7
8	8	Page 0 1 214817-1:n:08/18/2021:CMH/bm LSA2021-1687
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11	11	4
12	12	5
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14	14	7
15	15	8 SYNOPSIS: Under existing law, if a person is convicted
16	16	9 of boating under the influence, the person's
17	17	10 boating license is suspended, and if a person is
18	18	11 convicted of operating a motor vehicle under the
19	19	12 influence, the person's driver's license is
20	20	13 suspended.
21	21	14 This bill would further provide for the
22	22	15 period of suspension of boating operating
23	23	16 privileges resulting from a conviction from boating
24	24	17 under the influence.
25	25	18 This bill would provide that if a person is
26	26	19 convicted of boating under the influence, the
27	27	20 person's boating license and driver's license will
28	28	21 be suspended, and that if a person is convicted of
29	29	22 operating a motor vehicle under the influence, the
30	30	23 person's driver's license and boating license or
31	31	24 boater safety certification will be suspended.
32	32	25 This bill would also make nonsubstantive,
33	33	26 technical revisions to update the existing code
34	34	27 language to current style.
35	35	Page 1 1 Amendment 621 of the Constitution of Alabama
36	36	2 of 1901, as amended by Amendment 890, now appearing
37	37	3 as Section 111.05 of the Official Recompilation of
38	38	4 the Constitution of Alabama of 1901, as amended,
39	39	5 prohibits a general law whose purpose or effect
40	40	6 would be to require a new or increased expenditure
41	41	7 of local funds from becoming effective with regard
42	42	8 to a local governmental entity without enactment by
43	43	9 a 2/3 vote unless: it comes within one of a number
44	44	10 of specified exceptions; it is approved by the
45	45	11 affected entity; or the Legislature appropriates
46	46	12 funds, or provides a local source of revenue, to
47	47	13 the entity for the purpose.
48	48	14 The purpose or effect of this bill would be
49	49	15 to require a new or increased expenditure of local
50	50	16 funds within the meaning of the amendment. However,
51	51	17 the bill does not require approval of a local
52	52	18 governmental entity or enactment by a 2/3 vote to
53	53	19 become effective because it comes within one of the
54	54	20 specified exceptions contained in the amendment.
55	55	21
56	56	22 A BILL
57	57	23 TO BE ENTITLED
58	58	24 AN ACT
59	59	25
60	60	26 Relating to boating under the influence; to amend
61	61	27 Section 32-5A-191.3, Code of Alabama 1975, to further provide
62	62	Page 2 1 for the suspension of a person's boating license and driver's
63	63	2 license upon a conviction for boating under the influence; to
64	64	3 provide for the suspension of a person's driver's license and
65	65	4 boating license upon a conviction for operating a motor
66	66	5 vehicle under the influence; to make nonsubstantive, technical
67	67	6 revisions to update the existing code language to current
68	68	7 style; and in connection therewith would have as its purpose
69	69	8 or effect the requirement of a new or increased expenditure of
70	70	9 local funds within the meaning of Amendment 621 of the
71	71	10 Constitution of Alabama of 1901, as amended by Amendment 890,
72	72	11 now appearing as Section 111.05 of the Official Recompilation
73	73	12 of the Constitution of Alabama of 1901, as amended.
74	74	13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
75	75	14 Section 1. Section 32-5A-191.3, Code of Alabama
76	76	15 1975, is amended to read as follows:
77	77	16 "§32-5A-191.3.
78	78	17 "(a) A person shall not operate or be in actual
79	79	18 physical control of any vessel, or manipulate any water skis,
80	80	19 aquaplane, or any other marine transportation device on the
81	81	20 waters of this state, as the waters are defined in Section
82	82	21 33-5-3, under any condition in which a person would be guilty
83	83	22 of driving under the influence of alcohol or drugs pursuant to
84	84	23 Section 32-5A-191 if the person was driving or controlling in
85	85	24 actual physical control of a motor vehicle.
86	86	25 "(b) In the case of a vessel or other marine device
87	87	26 described in subsection (a), where a law enforcement officer
88	88	27 has probable cause to believe that the operator of the vessel
89	89	Page 3 1 or other marine device is operating in violation of this
90	90	2 section, the law enforcement officer is authorized to
91	91	3 administer and may test the operator, at the scene, by using a
92	92	4 field breathalyzer or other approved device, as a screening
93	93	5 device, to determine if the operator may be is operating a the
94	94	6 vessel or device in violation of subsection (a). Refusal to
95	95	7 submit to a field breathalyzer test or other approved testing
96	96	8 device shall result in the same punishment as provided in
97	97	9 subsection (c) of Section 32-5-192 for operators of motor
98	98	10 vehicles on the state highways.
99	99	11 "(c) The fact that any person charged with violating
100	100	12 this section is or has been legally entitled to use alcohol or
101	101	13 a controlled substance shall not constitute a defense against
102	102	14 any charge of violating this section.
103	103	15 "(d)(1) Upon a first or subsequent conviction, a
104	104	16 person violating this section shall be punished in the same
105	105	17 manner and under the same conditions as a person convicted of
106	106	18 driving under the influence of alcohol or drugs pursuant to
107	107	19 Section 32-5A-191, or any successor section or sections
108	108	20 providing for the offense of driving under the influence of
109	109	21 alcohol or drugs, except that in any case where reference is
110	110	22 made to the Director of Public Safety and the driving
111	111	23 privilege or driver's license of the person, the reference
112	112	24 shall be deemed to refer to the Commissioner of Conservation
113	113	25 and Natural Resources and the vessel operating privilege or
114	114	26 boater safety certification of the person convicted under this
115	115	27 section.
116	116	Page 4 1 "(2)a. In addition to the driver's license
117	117	2 suspension required under subdivision (1), the Secretary of
118	118	3 the Alabama State Law Enforcement Agency shall suspend a
119	119	4 person's vessel operating privileges or boater safety
120	120	5 certification as follows:
121	121	6 "1. Ninety days for a first conviction.
122	122	7 "2. One year for a second conviction, provided that
123	123	8 the prior conviction occurred within 10 years of the current
124	124	9 offense.
125	125	10 "3. Three years for a third conviction, provided
126	126	11 that the prior convictions occurred within 10 years of the
127	127	12 current offense.
128	128	13 "4. Five years for a fourth or subsequent
129	129	14 conviction, provided that the prior convictions occurred
130	130	15 within 10 years of the current offense.
131	131	16 "b. A prior conviction for boating under the
132	132	17 influence from this state, from a municipality within this
133	133	18 state, from another state or territory, or from a municipality
134	134	19 of another state or territory shall be considered by a court
135	135	20 for imposing a sentence pursuant to this section if the prior
136	136	21 conviction occurred within 10 years of the date of the current
137	137	22 offense.
138	138	23 "(e) Neither reckless or careless operation of a
139	139	24 vessel, nor any other boating or water safety infraction, is a
140	140	25 lesser included offense under a charge of operating a vessel
141	141	26 while under the influence of alcohol or controlled substances.
142	142	Page 5 1 "(f) All fines collected for a violation of this
143	143	2 section as to vessels or other marine devices on the waters of
144	144	3 this state shall be paid into the State Water Safety Fund
145	145	4 State Treasury to the credit of the Public Safety Fund.
146	146	5 "(g) A person who has been arrested for violating
147	147	6 this section shall not be released from jail under bond or
148	148	7 otherwise, until there is less than the same 0.08 percent by
149	149	8 weight of alcohol in the person's blood as specified in
150	150	9 subdivision (1) of subsection (a).
151	151	10 "(h) Upon verification that a defendant arrested
152	152	11 pursuant to under this section is currently on probation from
153	153	12 another court of this state as a result of a conviction for
154	154	13 any criminal offense, the prosecutor shall provide written or
155	155	14 oral verbal notification of the defendant's subsequent arrest
156	156	15 and pending prosecution to the court in which the prior
157	157	16 conviction occurred.
158	158	17 "(i) When any person over the age of 21 years is
159	159	18 convicted pursuant to under this section and a child under the
160	160	19 age of 14 years was present on the vessel or other marine
161	161	20 device described in subsection (a) at the time of the offense,
162	162	21 the defendant shall be sentenced to double the minimum
163	163	22 punishment that the person would have received if the child
164	164	23 had not been present.
165	165	24 "(j) "Vessel," for the purposes of this section,
166	166	25 shall mean means any vessel as defined in Section 33-5-3,
167	167	26 operated on the waters of this state, as defined in Section
168	168	27 33-5-3.
169	169	Page 6 1 "(k) No provision of this section shall be construed
170	170	2 to assess points for DUI convictions under motor vehicle
171	171	3 convictions for driving under the influence nor shall a
172	172	4 conviction under this section be used as an enhancement of
173	173	5 punishment for a violation of 32-5A-191.
174	174	6 Section 2. In addition to any other penalties for
175	175	7 driving under the influence as provided in Section 32-5A-191,
176	176	8 Code of Alabama 1975, upon conviction of an offense under
177	177	9 Section 32-5A-191, Code of Alabama 1975, the Alabama State Law
178	178	10 Enforcement Agency shall suspend an individual's vessel
179	179	11 operating privilege or boater safety certification under the
180	180	12 same conditions and in the same manner as provided in Section
181	181	13 32-5A-191, Code of Alabama 1975, excluding any ignition
182	182	14 interlock requirements.
183	183	15 Section 3. Although this bill would have as its
184	184	16 purpose or effect the requirement of a new or increased
185	185	17 expenditure of local funds, the bill is excluded from further
186	186	18 requirements and application under Amendment 621, as amended
187	187	19 by Amendment 890, now appearing as Section 111.05 of the
188	188	20 Official Recompilation of the Constitution of Alabama of 1901,
189	189	21 as amended, because the bill defines a new crime or amends the
190	190	22 definition of an existing crime.
191	191	23 Section 4. This act shall become effective May 1,
192	192	24 2023, following its passage and approval by the Governor, or
193	193	25 its otherwise becoming law.
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