Vessels: operation of vessel.

Existing law governs the operation and equipment of vessels subject to the jurisdiction of this state. Existing law prohibits a person from operating a vessel or manipulating water skis or an aquaplane or similar device or serving as a crew member of a charter boat under the influence of an alcoholic beverage or drug. Existing law provides that if probation is granted for this violation, the court, as a condition of probation, may require the person to participate in, and successfully complete, an alcohol or drug education, training, or treatment program. This bill instead would require the person, as a condition of probation, to participate in, and successfully complete, a licensed driving-under-the-influence program in conformance with existing provisions applicable to driving-under-the-influence motor vehicle offenses. Existing law provides that a separate offense that resulted in a conviction of a violation of vehicular manslaughter while operating a vessel under the influence of an alcoholic beverage or drug is a separate violation for purposes of driving a vehicle while under the influence of an alcoholic beverage or drug. This bill would further provide that this separate offense would result in a suspension or revocation of the person's driving privilege if the person has a prior boating-under-the-influence or driving-under-the-influence offense within a 7-year period. The bill would also authorize a court to strike a separate specified conviction of an offense in unusual cases where the interests of justice demand an exception. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.