Truly Agreed, 2015

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HCS SB 254, 2015    (Amended Section - as Truly Agreed)    

577.013. 1. A person commits the offense of boating while intoxicated if he or she operates a vessel while in an intoxicated condition.
     2. The offense of boating while intoxicated is:
     (1) A class B misdemeanor;
     (2) A class A misdemeanor if:
     (a) The defendant is a prior boating offender; or
     (b) A person less than seventeen years of age is present in the vessel;
     (3) A class E felony if:
     (a) The defendant is a persistent boating offender; or
     (b) While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;
     (4) A class D felony if:
     (a) The defendant is an aggravated boating offender;
     (b) While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or
     (c) While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;
     (5) A class C felony if:
     (a) The defendant is a chronic boating offender;
     (b) While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or
     (c) While boating while intoxicated, the defendant acts with criminal negligence to cause the death of another person;
     (6) A class B felony if:
     (a) The defendant is a habitual boating offender; or
     (b) While boating while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;
     (7) A class A felony if the defendant is a habitual offender as a result of being found guilty of an act described under paragraph (d) of subdivision [(11)] (12) of section 577.001 and is found guilty of a subsequent violation of such paragraph.
     3. Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of boating while intoxicated as a first offense shall not be granted a suspended imposition of sentence:
     (1) Unless such person shall be placed on probation for a minimum of two years; or
     (2) In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless the individual participates in and successfully completes a program under such DWI court or docket or other court-ordered treatment program.
     4. If a person is found guilty of a second or subsequent offense of boating while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.
     5.
If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:
     (1) If the individual operated the vessel with fifteen-hundredths to twenty- hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;
     (2) If the individual operated the vessel with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days.
     [5.] 6. A person found guilty of the offense of boating while intoxicated:
     (1) As a prior boating offender, persistent boating offender, aggravated boating offender, chronic boating offender or habitual boating offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;
     (2) As a prior boating offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:
     (a) Unless as a condition of such parole or probation such person performs at least two hundred forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or
     (b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;
     (3) As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:
     (a) Unless as a condition of such parole or probation such person performs at least four hundred eighty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or
     (b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;
     (4) As an aggravated boating offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;
     (5) As a chronic boating offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and
     (6) Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day
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