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SPONSOR: |
McSorley |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Boating While Intoxicated |
SB |
434/aSJC |
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ANALYST: |
Maloy |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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Responses
Received From
Public
Defenders Officer
Energy,
Minerals and Natural Resources
Corrections
Department
Department
of Health
Attorney
General’s Office
SUMMARY
Synopsis of SJC Amendment
The Senate Judiciary Committee amendment adds
the requirement for State Parks Division of the Energy, Minerals and Natural
Resources Department to develop and implement a program to advertise and
further educate the boating public about the dangers of boating while under the
influence of alcohol or drugs.
Synopsis of Original
Bill
Senate Bill 434 proposes to makes boating
while intoxicated (at the level of .08), a first offense, punishable by
a sentence of up to 90 days and a fine of $500, and if all jail time is
suspended, probation period of up to one year.
A second or subsequent conviction for boating while intoxicated carries a
sentence of up to 364 days and a fine of $750, and probation of one year if any
jail time is suspended.
Aggravated boating while
intoxicated (at the level of .16), a first offense, is punishable with a
sentence not less than 48 consecutive hours and $750 fine.
An aggravated second or subsequent
offense
carries a sentence of not less than 48 hours in jail and a fine of $1000 and
one year of probation.
Significant Issues.
The Corrections Department’s Analysis provides
this assessment:
1.
It would be likely that persons convicted
of boating while intoxicated would be placed on unsupervised probation for a
first offense, and it is likely that second and subsequent offenders would be
on supervised probation. In which case, the caseload for probation and parole
officers in areas with lakes (Elephant Butte, Conchas, Ute, El Vado areas)
might be somewhat impacted by increased caseloads.
2.
Any
increase in the Probation caseloads for second or subsequent offenders would
probably be offset by increased probation fees paid by offenders.
The Department of Health notes:
3. Alcohol
is a major factor in approximately 50 to 70% of all recreational boating
fatalities (US Coast Guard).
Environmental factors associated with boating, such as wind, sun, noise
and motion, can slow reaction time significantly, and this effect is magnified
by alcohol consumption (Oregon State Marine Board.) The National DWI bill of
October 2000 established a Blood Alcohol Content (BAC) of 0.08 as the criterion
for intoxication for both motor vehicles and boating.
4. The
FISCAL
IMPLICATIONS
SB
434 may have secondary FTE and budget costs for such offices as the courts, the
public defender’s office, the district attorney’s offices, and corrections
department (both for incarceration and for probation and parole).
ADMINISTRATIVE
IMPLICATIONS
The present FTE levels and budgets at the courts, public defender’s office, district attorney’s office and corrections department can likely absorb this additional area of regulation and enforcement with relative ease.
POSSIBLE
QUESTIONS
Should there be a
provision dealing with fatalities caused as a result of boating while intoxicated,
rather than simply bodily injury?
SJM/njw