GOVERNOR SIGNS RBOC-SUPPORTED BUI CLARITY MEASURE INTO LAW

California Governor Jerry Brown today signed into law AB 1829 [Levine], legislation supported by RBOC and sponsored by the California State Sheriffs' Association that clarifies current state law pertaining to boating under the influence [BUI].

RBOC supports the provisions of AB 1829 that update the boating under the influence [BUI] law as part of a continued effort to increase safety on our state’s waterways.

Addressing BUI remains important.  According to the 2013 report of the state Division of Boating and Waterways, 32% of all boating fatalities in the state involved alcohol during the period 2009 to 2013.

AB 1829 clarifies existing law and removes obsolete language regarding the arrest of a person suspected of operating a vessel under the influence of alcohol and/or drugs.

The measure amends Harbors and Navigation Code Section 655.1. The revision clarifies that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

  • He or she has a right to refuse chemical testing.

  • An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample.

  • He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.

This advisement provision replaces the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

The provisions of the measure will take effect on January 1, 2017.

Legislature Sends BUI Clarity Measure to Governor

The Senate today approved and sent to the Governor AB 1829 [Levine], legislation supported by RBOC that would clarify current law pertaining to boating under the influence [BUI].

RBOC supports the provisions of AB 1829 that would update the boating under the influence [BUI] law as part of a continued effort to increase safety on our state’s waterways.

Addressing BUI remains important.  According to the 2013 report of the state Division of Boating and Waterways, 32% of all boating fatalities in the state involved alcohol during the period 2009 to 2013.

AB 1829 would clarify existing law and would remove obsolete language regarding the arrest of a person suspected of operating a vessel under the influence of alcohol and/or drugs.

The measure would amend Harbors and Navigation Code Section 655.1. The revision would clarify that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

  • He or she has a right to refuse chemical testing.

  • An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample.

  • He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.

This advisement provision would replace the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

AB 1829 has already passed the Assembly. The measure is sponsored by the California State Sheriffs' Association.

RBOC Supporting Measure to Clarify BUI Law

RBOC is supporting AB 1829 [Levine] that would clarify current law pertaining to boating under the influence [BUI] as the measure is considered in the Senate Committee on Public Safety.

RBOC supports the provisions of AB 1829 that would conform the advisement provisions of the Penal Code related to BUI, to existing provisions in the Harbors and Navigation Code. 

The measure would amend Harbors and Navigation Code Section 655.1. The revision would clarify that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • He or she may be charged with a crime,
  • He or she has the right to refuse chemical testing, and
  • The officer has the authority to seek a search warrant to compel a blood draw if the person refuses to submit to, or fails to complete, a blood test.

This provision would replace the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

AB 1829 has already passed the Assembly. The measure is sponsored by the California State Sheriffs' Association.
 

 

RBOC-supported BUI Legislation Proceeds to Governor

RBOC-supported legislation to harmonize certain boating under the influence [BUI] laws with the state’s driving under the influence [DUI] laws will now proceed to the Governor for his consideration.

AB 539 [Levine, D-San Rafael] would authorize the issuance of a search warrant to compel a blood draw from a person suspected of operating a boat while under the influence of alcohol or drugs.

According to Assembly Member Levine, the measure is intended to bring boating laws in line with DUI laws, and to provide law enforcement with the proper tools to investigate and prosecute those who are boating under the influence.

The measure is sponsored by the California State Sheriffs' Association and is also supported by a number of law enforcement and marine industry organizations as well as RBOC.