SCS/SB 1107 - This act modifies various laws relating to the regulation of watercraft. This act allows local governments to adopt ordinances that provide for the towing of derelict or junk vessels. The current law only provides for the towing of derelict or junk motor vehicles (Section 304.157).
This act provides a definition for the term "skiing" (Section 306.010).
The act provides that any person who sells or transfers ownership of a vessel or outboard motor for which there has been issued a certificate of ownership or manufacturer's statement of origin, the holder shall endorse an assignment on the certificate in a manner prescribed by the director of revenue (Section 306.015).
The act prohibits vessels from exhibiting spotlights, docking lights, or other nonprescribed lights between sunset and sunrise. The act provides that nothing in this specific section shall prohibit the use of additional specialized lighting used in the act of sport fishing (Section 306.100).
This act modifies the negligent operation of a vessel statute by removing the types of waters in which the crime can be committed on and thereby making the crime apply universally regardless of the body of water it was committed upon. Under current law, a person can only commit the crime of negligent operation of a vessel upon the Mississippi River, Missouri River or lakes (Section 306.111).
The act modifies the penalties for operating a vessel while intoxicated by making the offense a Class B misdemeanor regardless of the number of convictions (removes the enhancement of penalties for subsequent convictions). Under current law, it is a Class A misdemeanor for a 2nd boating while intoxicated conviction and a Class D felony for a 3rd or subsequent conviction (Section 306.111).
The act makes the crimes of assault with a vessel and the crime of involuntary manslaughter with a vessel while in an intoxicated condition universally applicable to the whole state rather than just the Mississippi River, Missouri River or lakes (Section 306.111).
Under this act, a person commits the crime of operating a vessel with excessive blood alcohol content (BAC) if such person operates a vessel with a BAC of .08 rather than .10 (Sections 306.112 and 306.117).
The act modifies the penalty provision for operating a vessel with an excessive blood alcohol content by making the crime a Class B misdemeanor regardless of the number of convictions. Under the current law, a 2nd conviction is a Class A misdemeanor and a 3rd or subsequent conviction for this crime is a Class D felony (Section 306.112).
Under this act, the requirement that a nonalcoholic antiseptic be used for cleansing the skin prior to a venapuncture is removed (Section 306.114.4).
This act creates the classifications of "prior", "persistent", "aggravated", and "chronic" for repeat intoxication-related boating offenders. The penalties for each classification of offenders increase respectively based on the number and severity of the offenses committed. The penalties in this section treat persons found guilty of or pleading guilty to intoxication-related boating offenses in a similar manner as persons pleading guilty to or found guilty to intoxication-related traffic offenses. Under the act, no court shall suspend the imposition of sentence for prior, persistent, aggravated, or chronic offenders or allow a person to pay a fine instead of serving a prison term. The act also sets a minimum amount of time that such offenders must serve before being eligible for probation or parole. The act also outlines the requirements that must be met to prove a person is a prior, persistent, aggravated, or chronic offender and provides the same court procedure for intoxication-related boating cases as for intoxication-related traffic offender cases (Section 306.118).
The act eliminates the requirement that the state water patrol place regulatory markers when closing dangerous waterways (Section 306.124.3).
Under current law, persons are prohibited from operating watercraft at a speed exceeding 30 mph during the period between sunset and sunrise. This prohibition currently only applies to the Mississippi River, the Missouri River, and lakes with an aggregate shoreline in excess of 160 miles. This territorial restriction is repealed so that the speed limit applies universally (Section 306.125).
The act prohibits vessels from being operated at a speed in excess of slow-no wake speed (idle speed) within 100 feet of any emergency vessel displaying its emergency lights (Section 306.132).
This act prohibits persons from positioning their vessels in a manner to obstruct or impede traffic on the waters of this state. Under current law, this prohibition only applies to lakes (Section 306.221).
This act makes certain noise regulations and muffler requirements applicable to all of Missouri. Under the current law, the noise decibel standards and muffler requirements only apply to the Mississippi River, Missouri River, and lakes with an aggregate shoreline exceeding 160 miles (Section 306.147).
This act modifies the crime of involuntary manslaughter in the 1st degree by making it a crime to:
(1) Operate a vessel in an intoxicated condition and with criminal negligence cause the death of a person;
(2) Causes the death of a person who is not a passenger of a vessel; or
(3) With criminal negligence causes the death of emergency watercraft operator by failing to stop or grant the right-of-way to such vessels (Class B felony)(Section 565.024).
This act modifies the crime of assaulting a law enforcement officer, emergency personnel, or probation or parole officer in the 2nd degree by making it a crime to operate a vessel in an intoxicated condition and with criminal negligence cause physical injury to such persons (Section 565.082).
This act makes the abandonment of a vessel on the highway right-of-way or on the waters of this state a Class A misdemeanor (Section 577.080).
This act provides that no city or political subdivision shall adopt special rules and regulations with reference to restricting the operation of personal watercraft on waters of this state (section 306.190)(SA 1).
Under this act, the commissioner of the state water patrol appointed by the governor shall have at least 10 years of experience in law enforcement similar to the duties exercised by uniformed officers of the state water patrol or at least 5 years of experience as a uniformed officer of the state water patrol (section 306.163)(SA 2).
This act removes the ninety-nine member cap on the Water Patrol membership. This provisions is identical to SB 1187 (2008)(section 306.228)(SA 3).
This act attempts to rectify a recent Supreme Court ruling which held that a defendant's prior guilty plea and suspended imposition of sentence in municipal court could not be used to enhance the punishment for the defendant's new intoxication-related traffic offense. This act specifies that a plea of guilty or a finding of guilty followed by incarceration, a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in any intoxication-related traffic offense in a state, county or municipal court shall be treated as a prior conviction for purposes of enhanced punishment under Section 577.023. This provision is also contained in SS/SCS/SB 761 & 774 (2008)(Section 577.023)(SA 5).
STEPHEN WITTE