AN ACT CONCERNING OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUG.

AN ACT CONCERNING OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUG.

The bill creates the crime of 2^nd degree manslaughter with a vessel when a person operating a vessel under the influence of intoxicating liquor, any drug, or both causes the death of another person as a consequence of the effect of such liquor or drug. The bill makes this offense a class C felony, which is punishable by up to 10 years in prison, a fine of up to $ 10,000, or both. It also requires the court to suspend the operator's safe boating or personal watercraft certificate for one year.

Under current law, it is a crime for a person under the influence of alcohol, drug, or both or with an elevated blood alcohol content (BAC) to operate a vessel at such speed, or maneuver a vessel in such a manner as to result in someone else's death. A violation is punishable by imprisonment for up to two years, a fine of up to $ 2500, or both. Current law also requires the court to suspend the operator's safe boating certificate for operation or certificate of personal watercraft operation for one year.

The bill appears to eliminate the requirement that the death was caused by the vessel's speed or maneuvers. It also appears to eliminate the offense of operating a vessel at such speed or maneuvering a vessel in such a manner as to result in death while the operator has an elevated BAC.

EFFECTIVE DATE: October 1, 2008

The law defines a “vessel” as every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water (CGS § 15-127).

The law prohibits people from operating a vessel (1) while under the influence of intoxicating liquor or any drug, or (2) both or with an elevated BAC.

The law defines “elevated blood content” as a ratio of alcohol in the blood that is . 08% or more, by weight. But if the operator is under age 21, the law defines it as . 02% or more (CGS § 15-133(d)).

In order for a vessel to be operated, it must be underway or aground and cannot be moored, anchored, or docked (CGS § 15-133(d)).

In the context of motor vehicles, “under the influence” means that a driver has become so affected in his mental, physical, or nervous processes that he lacks to an appreciable degree the ability to operate his vehicle (Infeld v. Sullivan, 151 Conn. 506 (1964)).

It seems likely, but not certain, that this definition of “under the influence” will also apply to this bill since the drunken boating laws are modeled after the drunken driving laws.

No state resident, person owning real property in the state, or person owning a vessel in the state may operate on state waters a vessel required to be registered or numbered by state law, unless such he or she has a valid vessel operator license issued by the U. S. Coast Guard or a safe boating certificate issued by the environmental protection commissioner (CGS § 15-140(e)). Anyone operating a personal watercraft, such as a Jet-Ski, must carry a certificate of personal watercraft operation.

The law requires the environmental protection commissioner to suspend the operator's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation, or certificate of personal watercraft operation, for various lengths of time depending on the operator's record and his or her blood alcohol content. For example, the commissioner must suspend for 90 days if a first offender had an elevated blood level and 120 days if the BAC was . 16% or more (CGS §15-140q(i)).

Yea

Nay

(03/12/2008)