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BILL AS INTRODUCED 2007-2008

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H.599

Introduced by Representatives Jewett of Ripton, Flory of Pittsford, Gervais of Enosburg, Marek of Newfane and Pellett of Chester

Referred to Committee on

Date:

Subject:  Motor vehicles; boating while intoxicated; penalties

Statement of purpose:  This bill proposes to enhance the penalties for boating while intoxicated with death or serious bodily injury resulting to make them consistent with the penalties for driving while intoxicated.  The bill also proposes, with respect to motor vehicle offenses that impose enhanced penalties when the offense results in death or serious bodily injury, to permit a separate conviction of the offense for each person who was killed or injured.

AN ACT RELATING TO BOATING WHILE INTOXICATED AND DRIVING WHILE INTOXICATED

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 1091(b) is amended to read:

(b)  Grossly negligent operation.

(1)  A person who operates a motor vehicle on a public highway in a grossly negligent manner shall be guilty of grossly negligent operation.

(2)  The standard for a conviction for grossly negligent operation in violation of this subsection shall be gross negligence, examining whether the person engaged in conduct which involved a gross deviation from the care that a reasonable person would have exercised in that situation.

(3)  A person who violates this subsection shall be imprisoned not more than two years or fined not more than $5,000.00, or both.  If the person has previously been convicted of a violation of this section, the person shall be imprisoned not more than four years or fined not more than $10,000.00, or both.  If serious bodily injury as defined in section 1021 of Title 13 or death of any person other than the operator results, the person shall be imprisoned for not more than 15 years or fined not more than $15,000.00, or both.  If serious bodily injury or death results to more than one person other than the operator, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.

Sec. 2.  23 V.S.A. § 1094 is amended to read:

§ 1094.  OPERATION WITHOUT CONSENT OF OWNER;

              AGGRAVATED OPERATION WITHOUT CONSENT OF OWNER

(a)  A person commits the crime of operation without consent of the owner if the person, without the consent of the owner, knowingly takes, obtains, operates, uses, or continues to operate the motor vehicle of another.

(b)  A person commits the crime of aggravated operation without consent of the owner if the person, without the consent of the owner, knowingly takes, obtains, operates, uses, or continues to operate the motor vehicle of another, and:

(1)  The motor vehicle is not recovered within 24 hours of the time it is determined the theft occurred regardless of whether the operator is then in actual or constructive possession of the vehicle; or

(2)  The motor vehicle sustains $500.00 or more in damage during the commission of the offense; or

(3)  The person does any of the following:

(A)  Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle.

(B)  Attempts to alter or remove or alters or removes the vehicle identification number as defined in subdivision 2001(3) of this title.

(C)  Uses the motor vehicle in the commission of a felony.

(D)  Causes bodily injury to another while operating or exercising control of the motor vehicle.

(E)  Abandons the motor vehicle outside the state of Vermont.

(F)  Unlawfully attaches or otherwise displays in or upon the motor vehicle registration plates other than those officially issued for the motor vehicle.

(c)  A person convicted under subsection (a) of this section of operation without consent of the owner shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(d)  A person convicted under subsection (b) of this section of aggravated operation without consent of the owner shall be imprisoned not more than five years or fined not more than $2,000.00, or both.

(e)  This section shall not be construed to limit or restrict prosecutions for grand larceny.

(f)  A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court.  The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund.  The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. 

(g)  If bodily injury results to more than one person other than the operator from a violation of subdivision (b)(3)(D) of this section, the operator may be convicted of a separate violation of that subdivision for each person injured. 

Sec. 3.  23 V.S.A. § 1128 is amended to read:

§ 1128.  ACCIDENTS-DUTY TO STOP

(a)  The operator of a motor vehicle who has caused or is involved in an accident resulting in injury to any person other than the operator, or in damage to any property other than the vehicle then under his or her control shall immediately stop and render any assistance reasonably necessary.  The operator shall give his or her name, residence, license number, and the name of the owner of the motor vehicle to any person who is injured or whose property is damaged and to any enforcement officer.  A person who violates this section shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both.

(b)(1)  If serious bodily injury as defined in 13 V.S.A. § 1021(2) results from the accident, a person violating subsection (a) of this section shall be fined not more than $3,000.00 or imprisoned for not more than five years, or both.

(2)  If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each person injured.

(c)(1)  If death results from the accident, a person violating subsection (a) of this section shall be fined not more than $3,000.00, or imprisoned for not less than one year nor more than 15 years, or both.

(2)  If the death of more than one person results from a violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each decedent.

* * *

Sec. 4.  23 V.S.A. § 1133 is amended to read:

§ 1133.  ATTEMPTING TO ELUDE A POLICE OFFICER

(a)  No operator of a motor vehicle shall fail to bring his or her vehicle to a stop when signaled to do so by an enforcement officer:

(1)  displaying insignia identifying him or her as such; or

(2)  operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp.

(b)(1)  A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(2)(A)  In the event that serious bodily injury to any person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than five years or fined not more than $3,000.00, or both.

(B)  If serious bodily injury to more than one person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each person injured.

(c)  In a prosecution under this section, the operator may raise as an affirmative defense, to be proven by a preponderance of the evidence, that the operator brought his or her vehicle to a stop in a manner, time, and distance that was reasonable under the circumstances.

* * *


Sec. 5.  23 V.S.A. § 1201 is amended to read:

§ 1201.  OPERATING VEHICLE UNDER THE INFLUENCE OF

              INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL

              REFUSAL

(a)  A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1)  when the person’s alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or

(2)  when the person is under the influence of intoxicating liquor; or

(3)  when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or

(4)  when the person’s alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.

* * *

(e)  A person may not be convicted of more than one offense under violation of subsection (a) of this section arising out of the same incident.


* * *

Sec. 6.  23 V.S.A. § 1210 is amended to read:

§ 1210.  PENALTIES

* * *

(e)(1)  Death resulting.  If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both.  The provisions of this subsection do not limit or restrict prosecutions for manslaughter.

(2)  If the death of more than one person results from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.

(f)(1)  Injury resulting.  If serious bodily injury, as defined in 13 V.S.A.

§ 1021(2), results to any person other than the operator from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $5,000.00, or imprisoned not less than one year nor more than 15 years, or both.

(2)  If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.


* * *

Sec. 7.  23 V.S.A. § 3317 is amended to read:

§ 3317.  PENALTIES

* * *

(d)  Boating while intoxicated; privilege suspension.  Any person who is convicted of violating section 3323 of this title shall have his or her privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, suspended for a period of one year and until the person complies with section 1209a of this title.

(e)  Boating while intoxicated; criminal penalty.  Any person who violates a provision of section 3323 of this title shall be imprisoned for not more than one year and subject to the following fines:

(1)  for a first offense, not less than $200.00 nor more than $750.00;

(2)  for a second or subsequent offense, not less than $250.00 nor more than $1,000.00.

(f)(1)(A)  Boating while intoxicated; death resulting.  If the death of any person results from the violation of section 3323 of this title, the person convicted shall, instead of any other penalty imposed in this section, be imprisoned not more than five 15 years or fined not more than $2,000.00 $10,000.00 or both; but the provisions of this section shall not be construed to limit or restrict prosecutions for manslaughter.

(B)  If the death of more than one person results from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.

(2)(A)  Boating while intoxicated; serious bodily injury resulting.  If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 3323 of this title, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not less than one year nor more than 15 years, or both.

(B)  If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.  

* * *

Sec. 8.  23 V.S.A. § 3323 is amended to read:

§ 3323.  OPERATING UNDER THE INFLUENCE OF INTOXICATING

              LIQUOR OR DRUGS; B.W.I.

(a)  A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this state while:

(1)  there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or

(2)  under the influence of intoxicating liquor; or

(3)  under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of operating safely.

* * *

(e)  A person may not be convicted of more than one offense under violation of subsection (a) of this section arising out of the same incident.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us