HLS 11RS-170 REENGROSSED
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Regular Session, 2011
HOUSE BILL NO. 291
BY REPRESENTATIVE LAMBERT AND SENATOR AMEDEE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WATERWAYS: Provides for boating safety
AN ACT1
To amend and reenact R.S. 14:93.10(2)(introductory paragraph) and 108.1(D)(4) and R.S.2
34:851.4 and to repeal R.S. 34:851.5, relative to boating safety; to provide for the3
possession of alcoholic beverages on waterways; to provide for definitions; to4
provide for operation of a watercraft; to provide for aggravated flight from an5
officer; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:93.10(2)(introductory paragraph) and 108.1(D)(4) are hereby8
amended and reenacted to read as follows: 9
§93.10. Definitions10
For purposes of R.S. 14:93.10 through 93.14, the following definitions shall11
apply:12
* * *13
(2) "Public possession" means the possession of any alcoholic beverage for14
any reason, including consumption, on any street or, highway, or waterway or in any15
public place or any place open to the public, including a club which is de facto open16
to the public. "Public possession" does not include the following:17
* * *18
§108.1. Flight from an officer; aggravated flight from an officer19
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HB NO. 291
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D. Circumstances wherein human life is endangered shall be any situation1
where the operator of the fleeing vehicle or watercraft commits at least two of the2
following acts:3
* * *4
(4) Travels against the flow of traffic or in the case of watercraft, operates5
the watercraft in a careless manner in violation of R.S. 34:851.4 or in a reckless6
manner in violation of R.S. 34:851.5 14:99.7
* * *8
Section 2. R.S. 34:851.4 is hereby amended and reenacted to read as follows: 9
§851.4. Careless operation10
Any person who shall operate any watercraft in a careless or heedless manner11
so as to be grossly indifferent to the person or property of other persons or at a rate12
of speed greater than will permit him in the exercise of reasonable care to bring the13
watercraft to a stop within the assured clear distance ahead shall be guilty of the14
crime of careless operation, punishable by a fine of operating a watercraft shall do15
so in a careful and prudent manner, so as not to endanger the life, limb, or property16
of any person. Failure to operate in such a manner shall constitute careless17
operation. Whoever commits the crime of careless operation of a watercraft shall be18
fined not more than three hundred dollars, or by imprisonment of imprisoned for not19
more than thirty days, or by both.20
Section 3. R.S. 34:851.5 is hereby repealed in its entirety.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lambert HB No. 291
Abstract: Prohibits possession of any alcoholic beverage by any person under 21 years of
age on a waterway and prohibits careless operation of a watercraft.
Present law prohibits any person under 21 years of age to purchase or to have public
possession of any alcoholic beverage. HLS 11RS-170 REENGROSSED
HB NO. 291
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are additions.
Present law defines "public possession" as the possession of any alcoholic beverage for any
reason, including consumption, on any street or highway or in any public place or any place
open to the public, including a club which is de facto open to the public.
Present law excludes from the definition of "public possession" the following:
(1)The possession or consumption of any alcoholic beverage for an established religious
purpose; when a person under 21 years of age is accompanied by a parent, spouse,
or legal guardian 21 years of age or older; for medical purposes; or in private
residences.
(2)The sale, handling, transport, or service in dispensing of any alcoholic beverage
pursuant to lawful ownership of an establishment or to lawful employm ent of a
person under 21 years of age by a duly licensed manufacturer, wholesaler, or retailer
of beverage alcohol.
Proposed law retains present law except adds waterways into the definition of public
possession.
Present law provides for careless and reckless operation of a watercraft as an aggravating
circumstance as an element to the crime of aggravated flight from an officer.
Proposed law retains present law.
Present law provides that the crime of careless operation of a watercraft is the operation of
any watercraft in a careless or heedless manner so as to be grossly indifferent to the person
or property of other persons or at a rate of speed greater than will permit him in the exercise
of reasonable care to bring the watercraft to a stop within the assured clear distance ahead.
Proposed law requires that any person operating a watercraft shall operate in a careful and
prudent manner, so as not to endanger the life, limb, or property of any person and failure
to do so shall constitute careless operation.
Present law provides that the punishment for careless operation shall be a fine of not more
that $300 or imprisonment of not more than 30 days, or both. Proposed law retains present
law.
Present law provides for the crime of reckless operation of a watercraft in Title 34 and
reckless operation of a vehicle, which included reckless operation of a vessel in Title 14.
Proposed law repeals reckless operation of a watercraft in Title 34.
(Amends R.S. 14:93.10(2)(intro. para.) and 108.1(D)(4) and R.S. 34:851.4; Repeals R.S.
34:851.5)