Operation of watercraft under influence of alcohol.

2016
State of Wyoming
16LSO-0027
ENGROSSED
2.1

HOUSE BILL

NO.

HB0040

Operation of watercraft under influence of alcohol.

Sponsored by:
Representative(s) Steinmetz, Baldwin and Zwonitzer, Dv. and Senator(s) Geis

A BILL

for

AN ACT relating to watercraft; amending the alcohol concentration that constitutes operation of watercraft by an intoxicated person; specifying the punishment for operation of watercraft while intoxicated with a child passenger; specifying the punishment for second or subsequent offenses of operating a watercraft while intoxicated with a child passenger; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 4
1
‑
13
‑
206(c
)(
ii), (iii), (d)(ii) and
(e) and 41
‑
13
‑
216
(a) and
by creating a new subsection (d) are amended to read:

41
‑
13
‑
206
.

Operation of watercraft by intoxicated or drugged person prohibited.

(c)

No person shall operate or be in actual physical control of a watercraft if the person:

(ii)

Has an alcohol concentration of
ten one
‑
hundredths of one percent (0.10%)
eight one
‑
hundredths of one percent (0.08%)

or more; or

(iii)

Has an alcohol concentration of
ten one
‑
hundredths of one percent (0.10%)
eight one
‑
hundredths of one percent (0.08%)

or more as measured within three (3) hours of the time of operation or actual physical control.

(d)

In any criminal prosecution for a violation of this section relating to operating or being in actual physical control of a watercraft while under the influence of alcohol, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance shall give rise to the following presumptions:

(ii)

If there was at that time an alcohol concentration of more than five one
‑
hundredths of one percent (0.05%) and less than
ten one
‑
hundredths of one percent (0.10%)

eight one
‑
hundredths of one percent (0.08%)
, that fact shall not give rise to any presumption that the defendant was or was not under the influence of alcohol, but it may be considered with other competent evidence in determining the guilt or innocence of the defendant.

(e)

Nothing in subsection (d) of this section shall be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol, including tests obtained more than three (3) hours after the alleged violation. The fact that any person charged with a violation of subsection (c) of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under this section. It is an affirmative defense to a violation of paragraph (c)(iii) of this section that the defendant consumed a sufficient quantity of alcohol after the time of actual operation or physical control of a
watercraft and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed
ten one
‑
hundredths of one percent (0.10%)
eight one
‑
hundredths of one percent (0.08%)

but evidence of the consumption may not be admitted unless notice is given to the prosecution pursuant to Rule 12.1 of the Wyoming Rules of Criminal Procedure.

41
‑
13
‑
216
.

Penalties for violations; suspension of privilege to operate; operating while privilege suspended.

(a)

Any person who violates or fails to comply with W.S. 41
‑
13
‑
207 through 41
‑
13
‑
212, 41
‑
13
‑
219 or 41
‑
13
‑
220(
b) is guilty of a misdemeanor punishable by a fine of not more than two hundred dollars ($200.00), imprisonment for not more than thirty (30) days, or both, and may be refused the privilege of operating any watercraft on any of the waterways of this state for not more than two (2) years.
Except as otherwise provided in subsection (d) of this section, a
ny person who violates W.S. 41
‑
13
‑
105, 41
‑
13
‑
111(a) or (b), 41
‑
13
‑
203, 41
‑
13
‑
204, 41
‑
13
‑
206 or 41
‑
13
‑
220(a) is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars
($750.00), imprisonment for not more than six (6) months, or both, and may be refused the privilege of operating any watercraft on any of the waterways of this state for not more than two (2) years.

(d)

Any person eighteen (18) years
of age or older who has a
passenger
who is under sixteen (16) years of age
in
or being towed or propelled by
a

watercraft
when in
violation of W.S. 41
‑
13
‑
206 shall be punished upon conviction as follows:

(i)

For a first conviction under W.S. 41
‑
13
‑
206
which is punishable under this subsection
, by
a fine of not more than seven hundred fifty dollars ($750.00),
imprisonment for not more
than six (6) months
, or both
;

(ii)

If previously convicted and sentenced under this subsection, by
a fine of not more than
one thousand five
hundred dollars ($1,500.00),
imprisonment for not more than
one (1
)
year
.

Section
2
.

This
act is effective July 1,
201
6
.

(END)

1
HB0040