UNFINISHED BUSINESS  

Bill No: SB 393

Author: Stone (R)

Amended: 8/22/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/26/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Morrell, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 4/22/19 (Consent)

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 71-0, 8/30/19 - See last page for vote

SUBJECT: Vessels: impoundment

SOURCE: Author

DIGEST:

This bill provides for the impounding of a vessel if a person is boating under the influence (BUI) and the conduct resulted in the unlawful killing of a person.

Assembly Amendments

clarify that a marina owner in possession of an impounded vessel under this bill is not liable for damage to the vessel while the vessel is being impounded by the owner, except for damage caused by the marina owner’s acts or omissions constituting gross negligence or willful or wanton misconduct.

ANALYSIS:

Existing law:

1. Provides that a motor vehicle used by the registered owner in driving under the influence (DUI) conviction may be impounded for one to 30 days upon conviction. (Vehicle Code § 23594(a))
2. Provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))
3. Provides that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))
4. Prohibits a person from operating a vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Navigation Code, § 655 (b))
5. Prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (c))
6. Prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (d))

This bill:

1. States that a vessel that has been used in the commission of a violation of BUI for which the owner was convicted and where the conduct resulted in the unlawful killing of a person, is subject to impoundment.
2. Allows the court to impound the vessel at the registered owner's expense for up to 30 days.
3. Allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.
4. Defines “vessel” for purposes of this bill as “every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.”
5. Clarifies that a marina owner in possession of an impounded vessel under this section is not liable for damage to the vessel while the vessel is being impounded by the owner, except for damage caused by the marina owner’s acts or omissions constituting gross negligence or willful or wanton misconduct.

Comments

According to the author:

Existing California law provides that the court may order a vehicle registered to the defendant and used in the commission of a Driving under the Influence (DUI) to be impounded at the defendant’s expense for up to 30 days if the defendant has not had a prior conviction within the last five years.

While the law is clear about the rules for impounding a vehicle that has been used in the commission of a DUI the law is less clear on the rules for a boat that has been used in a Boating under the Influence (BUI) incident.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, minor costs (GF/Trial Court Trust Fund) to the trial courts for court time to determine whether vessel impoundment is appropriate. Costs are likely minor because BUI resulting in death wherein vessel impoundment would be an option are not common. According to a 2016 report by the California State Parks Division of Boating and Waterways, between 2012 and 2016, there were 229 boating-related fatalities in total. In cases where testing for alcohol was conducted, 35% of the boating fatalities involved alcohol. Even assuming half of the total number of boating deaths over a four year period involved BUI where the defendant owned the boat, the total number of cases statewide would be 29 per year.

SUPPORT: (Verified 8/30/19)

California District Attorneys Association

OPPOSITION: (Verified 8/30/19)

None received

ASSEMBLY FLOOR: 71-0, 8/30/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Cervantes, Chau, Chen, Friedman, Irwin, Kamlager-Dove, Limón, Ting

Prepared by: Mary Kennedy / PUB. S. /

9/1/19 10:57:48

**** END ****

SENATE THIRD READING

STR Bill Id:SB 393

Author:(Stone)

As Amended Ver:August 22, 2019

Majority vote

SUMMARY:

Allows a court to impound a vessel after a conviction of boating under the influence (BUI) if the conduct resulted in the unlawful killing of a person.

Major Provisions

1. States that a vessel used in the commission of a BUI is subject to impoundment if the owner is convicted of the crime and the conduct resulted in the unlawful killing of a person.
2. Allows the court to impound the vessel at the registered owner's expense for up to 30 days.
3. Allows the court to consider factors in the interests of justice when making a determination on impoundment.
4. Defines "vessel" as "every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state."
5. Exempts a marina owner from liability for damages to an impounded vessel, except as specified.

COMMENTS:

1. Driving under the influence (DUI) and BUI: Existing law criminalizes the operations of both cars and water vessels when under the influence of alcohol, drugs, or both. As with driving under the influence, existing law prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08% or more in his or her blood (Harbors and Navigation Code, Section 655(c)).

Existing law permits the impoundment of a vehicle upon the conviction of a DUI. It is discretionary upon the first conviction, but mandatory for repeat offenders if the second DUI occurs within five years of the first conviction.

This bill would allow a court to impound a boat or other recreational water vessel when its owner is convicted of BUI and the offense results in a fatality. The boat could be impounded for up to 30 days, and the owner would be liable for the costs.

1. Boating Accident Statistics: According to a 2016 report by the California State Parks Division of Boating and Waterways, between 2012 and 2016, there were 229 boating-related fatalities. In those cases where testing for alcohol was conducted, 35% of the boating fatalities in the state involved alcohol. (See 2016 California Recreational Boating Accident Statistics, page 17, available at: http://www.dbw.parks.ca.gov/pages/28702/files/2016DBW_AccidentStats_Ca_051217.pdf )

According to the Author:

"Existing California law provides that the court may order a vehicle registered to the defendant and used in the commission of a Driving under the Influence (DUI) to be impounded at the defendant's expense for up to 30 days if the defendant has not had a prior conviction within the last five years.

"While the law is clear about the rules for impounding a vehicle that has been used in the commission of a DUI the law is less clear on the rules for a boat that has been used in a Boating under the Influence (BUI) incident."

Arguments in Support:

None submitted.

Arguments in Opposition:

According to the Marina Recreation Association, "Our primary concern is that unlike motor vehicles where there are impound lots where vehicles can be safely stored, vessels will be impounded in both private and public marinas that have no designated areas for impoundment and may be held liable for damages that could occur while the vessel is being held in a marina. We simply request that the marinas may have a release of liability during the court ordered impoundment.

"We are not opposed to vessels being impounded in our marinas, however, we feel that there is additional burden on each marina that could create additional liabilities, unless there is specific language exempting both public and private marinas from liability we will continue to oppose."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, minor costs (General Fund/Trial Court Trust Fund) to the trial courts for court time to determine whether vessel impoundment is appropriate. Costs are likely minor because BUI resulting in death wherein vessel impoundment would be an option are not common. According to a 2016 report by the California State Parks Division of Boating and Waterways, between 2012 and 2016, there were 229 boating-related fatalities in total. In cases where testing for alcohol was conducted, 35% of the boating fatalities involved alcohol. Even assuming half of the total number of boating deaths over a four year period involved BUI where the defendant owned the boat, the total number of cases statewide would be 29 per year.

VOTES:

SENATE FLOOR: 38-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASM PUBLIC SAFETY: 7-1-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Mathis, Quirk, Santiago, Wicks

NO: Kamlager-Dove

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Eduardo Garcia

UPDATED:

VERSION: August 22, 2019

CONSULTANT: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001350

SENATE THIRD READING

STR Bill Id:SB 393

Author:(Stone)

As Introduced Ver:February 20, 2019

Majority vote

SUMMARY:

Allows a court to impound a vessel after a conviction of boating under the influence (BUI) if the conduct resulted in the unlawful killing of a person.

Major Provisions

1. States that a vessel used in the commission of a BUI is subject to impoundment if the owner is convicted of the crime and the conduct resulted in the unlawful killing of a person.

2) Allows the court to impound the vessel at the registered owner's expense for up to 30 days.

1. Allows the court to consider factors in the interests of justice when making a determination on impoundment.
2. Defines "vessel" as "every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state."

COMMENTS:

1. Driving under the influence (DUI) and BUI: Existing law criminalizes the operations of both cars and water vessels when under the influence of alcohol, drugs, or both. As with driving under the influence, existing law prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood (Harbors and Navigation Code, Section 655(c)).

Existing law permits the impoundment of a vehicle upon the conviction of a DUI. It is discretionary upon the first conviction, but mandatory for repeat offenders if the second DUI occurs within five years of the first conviction.

This bill would allow a court to impound a boat or other recreational water vessel when its owner is convicted of BUI and the offense results in a fatality. The boat could be impounded for up to 30 days, and the owner would be liable for the costs.

1. Boating Accident Statistics: According to a 2016 report by the California State Parks Division of Boating and Waterways, between 2012 and 2016, there were 229 boating-related fatalities. In those cases where testing for alcohol was conducted, 35% of the boating fatalities in the state involved alcohol. (See 2016 California Recreational Boating Accident Statistics, page 17, available at: http://www.dbw.parks.ca.gov/pages/28702/files/2016DBW_AccidentStats_Ca_051217.pdf )

According to the Author:

"Existing California law provides that the court may order a vehicle registered to the defendant and used in the commission of a Driving under the Influence (DUI) to be impounded at the defendant's expense for up to 30 days if the defendant has not had a prior conviction within the last five years.

"While the law is clear about the rules for impounding a vehicle that has been used in the commission of a DUI the law is less clear on the rules for a boat that has been used in a Boating under the Influence (BUI) incident."

Arguments in Support:

None submitted.

Arguments in Opposition:

According to the Marina Recreation Association, "Our primary concern is that unlike motor vehicles where there are impound lots where vehicles can be safely stored, vessels will be impounded in both private and public marinas that have no designated areas for impoundment and may be held liable for damages that could occur while the vessel is being held in a marina. We simply request that the marinas may have a release of liability during the court ordered impoundment.

"We are not opposed to vessels being impounded in our marinas, however, we feel that there is additional burden on each marina that could create additional liabilities, unless there is specific language exempting both public and private marinas from liability we will continue to oppose."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee minor costs (General Fund/Trial Court Trust Fund) to the trial courts for court time to determine whether vessel impoundment is appropriate. Costs are likely minor because BUI resulting in death wherein vessel impoundment would be an option are not common. According to a 2016 report by the California State Parks Division of Boating and Waterways, between 2012 and 2016, there were 229 boating-related fatalities in total. In cases where testing for alcohol was conducted, 35% of the boating fatalities involved alcohol. Even assuming half of the total number of boating deaths over a four year period involved BUI where the defendant owned the boat, the total number of cases statewide would be 29 per year.

Please see the policy committee analysis for a full discussion of this bill.

VOTES:

SENATE FLOOR: 38-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASM PUBLIC SAFETY: 7-1-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Mathis, Quirk, Santiago, Wicks

NO: Kamlager-Dove

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Eduardo Garcia

UPDATED:

VERSION: February 20, 2019

CONSULTANT: Sandy Uribe (Counsel) / PUB. S. / (916) 319-3744 FN: 0001236

Date of Hearing: July 3, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 393

Author:(Stone) – As Introduced Ver:February 20, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes a court to impound, for up to 30 days, a boat (vessel) used in a violation of boating under the influence (BUI) if the owner is convicted and the conduct resulted in the unlawful killing of a person. However, this bill also allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.

FISCAL EFFECT:

Minor costs (GF/Trial Court Trust Fund) to the trial courts for court time to determine whether vessel impoundment is appropriate. Costs are likely minor because BUI resulting in death wherein vessel impoundment would be an option are not common. According to a 2016 report by the California State Parks Division of Boating and Waterways, between 2012 and 2016, there were 229 boating-related fatalities in total. In cases where testing for alcohol was conducted, 35% of the boating fatalities involved alcohol. Even assuming half of the total number of boating deaths over a four year period involved BUI where the defendant owned the boat, the total number of cases statewide would be 29 per year.

COMMENTS:

1. Background and Purpose. According to the author:

While the law is clear about the rules for impounding a vehicle that has been used in the commission of a DUI the law is less clear on the rules for a boat that has been used in a Boating under the Influence (BUI) incident.

Current law criminalizes the operation of cars and boats when under the influence of alcohol, drugs, or the combined effect of alcohol and drugs. Also, current law allows for the impoundment of a vehicle upon the conviction of driving under the influence (DUI). However, existing law does not have provisions providing for impound of a boat or vessel used in connection with boating under the influence. SB 393 allows a court to impound a boat used in a violation of a BUI if the owner is convicted and the conduct resulted in the unlawful killing of a person. The boat may be impounded for period of up to 30 days and the owner will be financially responsible for the costs of the impound.

1. Prior Legislation. SB 644 (Stone), of the 2017-2018 Legislative Session was identical to this bill and was vetoed by Governor Brown. The Governor vetoed the bill because “…it not act as a deterrent, and existing criminal and civil penalties are sufficient.”

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: June 25, 2019

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 393

Author:(Stone) – As Introduced Ver:February 20, 2019

SUMMARY: Allows a court to impound a vessel after a conviction of boating under the influence (BUI) if the conduct resulted in the unlawful killing of a person. Specifically, this bill:

1. States that a vessel used in the commission of a BUI is subject to impoundment if the owner is convicted of the crime and the conduct resulted in the unlawful killing of a person.
   
2. Allows the court to impound the vessel at the registered owner's expense for up to 30 days.
   
3. Allows the court to consider factors in the interests of justice when making a determination on impoundment, including:
   
   1. Whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family;
      
   2. Whether impoundment would result in the loss of the vessel because of inability to pay impoundment fees;
      
   3. Whether impoundment would unfairly infringe upon community property rights; or,
      
   4. Any other facts the court finds relevant.
      
4. Defines “vessel” as “every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.”

EXISTING LAW:

1. Prohibits a person from operating a vessel or manipulating water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harb. & Nav. Code, § 655, subd. (b)).
   
2. Prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harb. & Nav. Code, § 655, subd. (c).)
   
3. Prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harb. & Nav. Code, § 655, subd. (d).)
   
4. Provides that a motor vehicle used by the registered owner in driving under the influence (DUI) conviction may be impounded for up to 30 days upon conviction. (Veh. Code, § 23594, subd. (a).)
   
5. Provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Veh. Code, § 23594, subd. (a).)
   
6. Provides that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 90 days. (Veh. Code, § 23594, subd. (a).)
   
7. Lists examples of factors that the court may consider for purposes of determining whether the interests of justice would not be served by impoundment of the vehicle. (Veh. Code, § 23594, subd. (a).)

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, “Existing California law provides that the court may order a vehicle registered to the defendant and used in the commission of a Driving under the Influence (DUI) to be impounded at the defendant’s expense for up to 30 days if the defendant has not had a prior conviction within the last five years.
   
   “While the law is clear about the rules for impounding a vehicle that has been used in the commission of a DUI the law is less clear on the rules for a boat that has been used in a Boating under the Influence (BUI) incident.”
   
2. DUI and BUI: Existing law criminalizes the operations of both cars and water vessels when under the influence of alcohol, drugs, or both. As with driving under the influence, existing law prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harb. & Nav. Code, § 655, subd. (c).)
   
   Existing law permits the impoundment of a vehicle upon the conviction of a DUI. It is discretionary upon the first conviction, but mandatory for repeat offenders if the second DUI occurs within five years of the first conviction.
   
   This bill would allow a court to impound a boat or other recreational water vessel when its owner is convicted of BUI and the offense results in a fatality. The boat could be impounded for up to 30 days, and the owner would be liable for the costs.
   
3. Prior Veto Message: This bill is identical to SB 644 (Stone), of the 2016-2017 Legislative Session, which Governor Brown vetoed. The veto message said:
   
   “This bill authorizes a court to impound a boat for up to 30 days in boating under the influence cases if the owner is convicted and the conduct resulted in the unlawful killing of a person.
   
   “Boating under the influence is a very troubling crime which exposes the public to grave danger. However, especially in cases where this conduct resulted in an unlawful killing, a defendant will be exposed to very serious criminal and civil liability, including potentially years in prison depending on the circumstances. I do not see the need, in these tragic but narrow instances, to additionally expand the powers of government to impound private property as an added punitive measure.
   
   “Because this bill will not act as a deterrent, and existing criminal and civil penalties are sufficient to address the conduct contemplated, I am returning this measure without my signature.”
   
4. Boating Accident Statistics: According to a 2016 report by the California State Parks Division of Boating and Waterways, between 2012 and 2016, there were 229 boating-related fatalities. In those cases where testing for alcohol was conducted, 35% of the boating fatalities in the state involved alcohol. (See 2016 California Recreational Boating Accident Statistics, p. 17, available at: http://www.dbw.parks.ca.gov/pages/28702/files/2016DBW_AccidentStats_Ca_051217.pdf )
   
5. Argument in Support: None submitted.
   
6. Argument in Opposition: According to the Marina Recreation Association, “Our primary concern is that unlike motor vehicles where there are impound lots where vehicles can be safely stored, vessels will be impounded in both private and public marinas that have no designated areas for impoundment and may be held liable for damages that could occur while the vessel is being held in a marina. We simply request that the marinas may have a release of liability during the court ordered impoundment.
   
   “We are not opposed to vessels being impounded in our marinas, however, we feel that there is additional burden on each marina that could create additional liabilities, unless there is specific language exempting both public and private marinas from liability we will continue to oppose.”
   
7. Related Legislation: AB 401 (Flora) required, in pertinent part, a court, upon convicting a person for a specified offense of driving under the influence that occurred within 10 years after a previous conviction or convictions, for specified DUI related offenses, to order that person’s vehicle to be impounded for not less than 30 days or 90 days, as specified. AB 401 failed passage in this committee and has been granted reconsideration.
   
8. Prior Legislation:
   
   1. SB 644 (Stone), of the 2016-2017 Legislative Session, was identical to this bill and was vetoed.
      
   2. AB 539 (Levine), Chapter 118, Statutes of 2015, authorizes the issuance of a search warrant to compel a blood draw from a person suspected of BUI.

REGISTERED SUPPORT / OPPOSITION:

Support

California District Attorneys Association

Opposition

California Association of Harbor Masters and Port Captains
California Yacht Brokers Association
Marina Recreation Association

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744

 CONSENT  

Bill No: SB 393

Author: Stone (R)

Introduced: 2/20/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/26/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Morrell, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Vessels: impoundment

SOURCE: Author

DIGEST:

This bill provides for the impounding of a vessel if a person is boating under the influence (BUI) and the conduct resulted in the unlawful killing of a person.

ANALYSIS:

Existing law:

1. Provides that a motor vehicle used by the registered owner in driving under the influence (DUI) conviction may be impounded for one to 30 days upon conviction. (Vehicle Code § 23594(a))
2. Provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))
3. Provides that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))
4. Prohibits a person from operating a vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Navigation Code, § 655 (b))
5. Prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (c))
6. Prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (d))

This bill:

1. States that a vessel that has been used in the commission of a violation of BUI for which the owner was convicted and where the conduct resulted in the unlawful killing of a person, is subject to impoundment.
2. Allows the court to impound the vessel at the registered owner's expense for up to 30 days.
3. Allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.
4. Defines “vessel” for purposes of this bill as “every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.”

Comments

According to the author:

Existing California law provides that the court may order a vehicle registered to the defendant and used in the commission of a Driving under the Influence (DUI) to be impounded at the defendant’s expense for up to 30 days if the defendant has not had a prior conviction within the last five years.

While the law is clear about the rules for impounding a vehicle that has been used in the commission of a DUI the law is less clear on the rules for a boat that has been used in a Boating under the Influence (BUI) incident.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 4/8/19)

California District Attorneys Association

OPPOSITION: (Verified 4/8/19)

None received

Prepared by: Mary Kennedy / PUB. S. /

4/10/19 14:26:39

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: SB 393 Hearing Date: March 26, 2019

Subject: Vessels: Impoundment

HISTORY

Source: Author

Prior Legislation: SB 644 (Stone) Vetoed, 2017

AB 1829 (Levine) – Chapter 68, Stats. 2016

AB 538 (Levine) – Chapter 118, Stats. 2015

SB 717 (DeSaulnier) – Chapter 317, Stats. 2013

Support: California District Attorneys Association

Opposition: None known

PURPOSE

The purpose of this bill is to provide for the impounding of a vessel if a person is boating under the influence (BUI) and the conduct resulted in the unlawful killing of a person.

Existing law provides that a motor vehicle used by the registered owner in driving under the influence (DUI) conviction may be impounded for one to 30 days upon conviction. (Vehicle Code § 23594(a))

Existing law provides that if the DUI offense occurred within five years of another offense the court shall, except in unusual cases where the interest of justice would not be served, impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))

Existing law provides that if the DUI offense occurred within five years of two or more offenses the court shall, except in unusual cases where the interest of justice would not be served impound the vehicle upon conviction for one to 30 days. (Vehicle Code § 23594 (a))

Existing law prohibits a person from operating a vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (Harbors & Navigation Code, § 655 (b))

Existing law prohibits a person from operating any recreational vessel or manipulating any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (c))

Existing law prohibits a person from operating any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (Harbors & Navigation Code, § 655 (d))

This bill states that a vessel that has been used in the commission of a violation of BUI for which the owner was convicted and where the conduct resulted in the unlawful killing of a person, is subject to impoundment.

This bill allows the court to impound the vessel at the registered owner's expense for up to 30 days.

This bill allows the court to consider, in the interests of justice, factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender's family, result in the loss of the vessel because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant, when making a determination on impoundment.

This bill defines “vessel” for purposes of this bill as “every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and undocumented vessels, except foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.”

COMMENTS

1. Need for This Bill

According to the author:

Existing California law provides that the court may order a vehicle registered to the defendant and used in the commission of a Driving under the Influence (DUI) to be impounded at the defendant’s expense for up to 30 days if the defendant has not had a prior conviction within the last five years.

While the law is clear about the rules for impounding a vehicle that has been used in the commission of a DUI the law is less clear on the rules for a boat that has been used in a Boating under the Influence (BUI) incident.

2. DUI and Impound

Existing law allows for the impound of a vehicle upon the conviction of a DUI for up to 30 days. (Vehicle Code § 23594It is discretionary on a first offense and provides that the court shall impose it for a repeat offense within five years, although it unclear how often the court actually orders an impound in these cases.

3. BUI and Impound

Under existing law it is illegal to drive a vessel under the influence of drugs or alcohol or to drive a vessel with a .08% blood alcohol concentration (BAC) or a .04% BAC for a commercial vessel.

This bill would allow a court to impound, for up to 30 days, a boat used in a violation of boating under the influence (BUI) if the owner is convicted and the conduct resulted in the unlawful killing of a person. The boat may be impounded for period of up to 30 days and the owner would be financially responsible for the costs of the impound.

4. Veto of SB 644 (Stone) 2017

This bill is identical to SB 644 (Stone) 2017 which the Governor vetoed stating:

This bill authorizes a court to impound a boat for up to 30 days in boating under the influence cases if the owner is convicted and the conduct resulted in the unlawful killing of a person.

Boating under the influence is a very troubling crime which exposes the public to grave danger. However, especially in cases where this conduct resulted in an unlawful killing, a defendant will be exposed to very serious criminal and civil liability, including potentially years in prison depending on the circumstances. I do not see the need, in these tragic but narrow instances, to additionally expand the powers of government to impound private property as an added punitive measure. 

Because this bill will not act as a deterrent, and existing criminal and civil penalties are sufficient to address the conduct contemplated, I am returning this measure without my signature. 

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