HB 406 -- Watercraft Regulations

Sponsor:  Schad

This bill changes the laws regarding watercraft regulations.  In
its main provisions, the bill:

(1)  Specifies that a person commits the crimes of negligent
operation of a vessel, operating a vessel while intoxicated,
involuntary manslaughter with a vessel, assault with a vessel in
the second degree, and operating a vessel with excessive
blood-alcohol content on any waters of this state.  Currently,
those crimes can only be committed on the Mississippi River,
Missouri River, or any lake in this state;

(2)  Specifies that a person convicted of a second violation of
the crime of operating a vessel with excessive blood-alcohol
content within 10 years of a first offense will be guilty of a
class A misdemeanor and placed on probation for a period of two
years;

(3)  Specifies that a person convicted of a third violation of
the crime of operating a vessel with excessive blood-alcohol
content within 20 years of two prior offenses will be guilty of a
class D felony and placed on probation for a period of three
years.  The individual will be prohibited from operating a vessel
for a period of five years from the date of the third conviction;

(4)  Lowers the weight of alcohol necessary in a person's blood
in order for there to be a presumption that the person is
intoxicated from .1 of 1% to .08 of 1%;

(5)  Defines "prior offender" as any person who has pled guilty
to or been found guilty of one intoxication-related boating
offense within five years of the intoxication-related boating
offense for which the person is charged.  A person proved to be a
prior offender will be guilty of a class A misdemeanor and will
not be eligible for probation or parole until he or she has
served a minimum of five days' imprisonment;

(6)  Defines "persistent offender" as a person who has pled
guilty to or been found guilty of two or more intoxication-
related boating offenses, involuntary manslaughter with a vessel,
assault with a vessel in the second degree, or assault of a law
enforcement officer in the second degree while in an intoxicated
condition or under the influence of controlled substances
operates a vehicle or motorboat to cause injury to the law
enforcement officer.  A person proved to be a persistent offender
will be guilty of a class D felony and will not be eligible for
probation or parole until he or she has served a minimum of 10
days' imprisonment;

(7)  Defines "aggravated offender" as a person who has pled
guilty to or been found guilty of three intoxication-related
boating offenses or has pled guilty to or been found guilty of
one of more intoxication-related boating offense and any of the
following:  involuntary manslaughter with a vessel, assault with
a vessel in the second degree, or assault of a law enforcement
officer in the second degree while in an intoxicated condition or
under the influence of controlled substances operates a vehicle
or motorboat to cause injury to the law enforcement officer.  A
person proved to be an aggravated offender will be guilty of a
class C felony and will not be eligible for probation or parole
until he or she has served a minimum of 60 days' imprisonment;

(8)  Defines "chronic offender" as a person who has pled guilty
to or been found guilty of four or more intoxication-related
offenses; has pled guilty to or been found guilty of, on two or
more separate occasions, any combination of the following:
involuntary manslaughter with a vessel, assault with a vessel in
the second degree, or assault of a law enforcement officer in the
second degree while in an intoxicated condition or under the
influence of controlled substances; or has pled guilty to or been
found guilty of two or more intoxication-related offenses and any
of the following:  involuntary manslaughter with a vessel,
assault with a vessel in the second degree, or assault of a law
enforcement officer in the second degree while in an intoxicated
condition or under the influence of controlled substances
operates a vehicle or motorboat to cause injury to the law
enforcement officer.  A person proved to be a chronic offender
will be guilty of a class B felony and will not be eligible for
probation or parole until he or she has served a minimum of two
years' imprisonment; and

(9)  Specifies that no prior, persistent, aggravated, or chronic
offender will be given an imposition of sentence.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am