California 2017-2018 Regular Session

California Senate Bill SB1247

Introduced
2/15/18  
Introduced
2/15/18  
Refer
3/1/18  
Refer
3/1/18  
Refer
4/2/18  
Refer
4/3/18  
Refer
4/12/18  
Refer
4/12/18  
Report Pass
4/25/18  
Report Pass
4/25/18  
Refer
4/25/18  

Caption

Vessels: operation under the influence of alcohol or drugs: chemical testing.

Impact

If enacted, SB 1247 will have a significant impact on state laws governing maritime operations, particularly concerning law enforcement's ability to manage impaired boating incidents. The new provisions would allow officers greater discretion in assessing potential impairment, potentially leading to more frequent enforcement actions against individuals operating vessels under the influence. This shift could enhance public safety on waterways by facilitating the identification and penalization of impaired operators more effectively.

Summary

Senate Bill 1247, introduced by Senator Gaines, seeks to amend sections of the Harbors and Navigation Code concerning the operation of vessels under the influence of alcohol or drugs. The bill aims to redefine 'mechanically propelled vessel,' shifting the requirements for conducting chemical testing on individuals who are arrested for operating vessels or similar aquatic devices while impaired. Instead of the prior definition which focused on machinery, the proposed amendment allows peace officers to request chemical testing based on reasonable suspicion of influence, broadening the scope of enforcement.

Sentiment

The sentiment surrounding SB 1247 appears to be generally supportive among proponents who view it as a necessary update to ensure safer waterway operations and to parry the risks posed by intoxicated boaters. However, there may be concerns from defense advocates regarding the broad discretion granted to law enforcement under the new provisions. Opponents of the bill might argue that it infringes on personal rights and could lead to misuse or overreach by officers in enforcing chemical testing.

Contention

Notable points of contention regarding the bill may revolve around the balance between public safety and personal liberties, particularly regarding the right to refuse chemical tests. Critics may express apprehension about the potential for the bill to lead to arbitrary enforcement where individuals could be subjected to unnecessary testing based on subjective interpretations of 'reasonable cause.' Discussions may also highlight the implications of the bill for civil rights and how it aligns with existing protocols for DUI offenses.

Companion Bills

No companion bills found.

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