LEGISLATIVE COUNSEL'S DIGEST
SB 154, as amended, Benoit. Vessels: operation of vessel.
Existing law governs the operation and equipment of vessels
subject to the jurisdiction of this state. Existing law prohibits a
person from operating a vessel or manipulating water skis or an
aquaplane or similar device or serving as a crew member of a charter
boat under the influence of an alcoholic beverage or drug. Existing
law provides that if probation is granted for this violation, the
court, as a condition of probation, may require the person to
participate in, and successfully complete, an alcohol or drug
education, training, or treatment program.
This bill
would, instead, require instead
would require the person , as a condition of probation,
the person to participate in, and successfully
complete, a licensed driving-under-the-influence program in
conformance with existing provisions applicable to
driving-under-the-influence motor vehicle offenses.
Existing law provides that a separate offense that resulted in a
conviction of a violation of vehicular manslaughter while operating a
vessel under the influence of an alcoholic beverage or drug is a
separate violation for purposes of driving a vehicle while under the
influence of an alcoholic beverage or drug.
This bill would further provide that this separate offense would
result in a suspension or revocation of the person's driving
privilege if the person has a prior boating-under-the-influence or
driving-under-the-influence offense within a 7-year period.
The
bill would also authorize a court to strike a separate specified
conviction of an offense in unusual cases where the
interests of justice demand an exception. The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Comments/questions on SB 154 (Benoit): Vessels: operation of vessel.
