CHAPTER 427

FORMERLY

SENATE BILL NO. 290

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 3

.AN ACT TO AMEND CHAPTERS 21 AND 22 OF TITLE 23 OF THE DELAWARE CODE RELATING TO THE OPERATION OF MOTORBOATS AND PERSONAL WATERCRAFT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §2102, Title 23, Delaware Code, by striking the phrase ", or imprisoned not less than 10 days nor more than 30 clays, or both".

Section 2. Amend §2116(b), Title 23, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(b) Notwithstanding §2115(b) of this Title, whoever uses a vessel or associated --equipment in a careless or imprudent manner, or without due regard for the conditions then existing (i.e., visibility, weather, etc.), shall be guilty of careless operation.

(c) Notwithstanding §2115(b) of this Title, whoever uses a vessel and fails to give full time and attention to the operation of the vessel, or whoever fails to maintain a proper look-out while operating the vessel, shall be guilty of inattentive operation.

(d) Notwithstanding §2115(b) of this Title, whoever uses a vessel or associated equipment in willful or wanton disregard for the safety of persons or property shall be guilty of reckless operation."

(e) Notwithstanding §2115(b) of this Title, a person is guilty of assault by vessel in the second degree when:

(1) While in the course of operating a vessel, the person's criminally negligent operation of said vessel causes serious physical injury to another person; or

(2) While in the course of operating a vessel and under the influence of alcohol or drugs, as defined by §2301 of Title 23, the person's negligent operation of said vessel causes physical injury to another person.

Assault by vessel in the second degree is a Class B misdemeanor.

(f) Notwithstanding §2115(b) of this Title, a person is guilty of assault by vessel in the first degree when while in the course of operating a vessel and under the influence of alcohol or drugs, as defined by §2301 of Title 23, the person's negligent operation of said vessel causes serious physical injury to another person.

Assault by vessel in the first degree is a class F felony.

Section 3. Amend §2125, Title 23, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"§2125. Penalties; jurisdiction.

(a) Whoever violates any of the provisions of this Chapter, except §§2113(f), 2116(b), (d), (c) and (f) or any regulation promulgated thereunder, shall for the first offense be fined not less than $25 nor more than $50. For each subsequent like offense occurring within 12 months of a prior conviction, the person shall be fined not less than $50 nor more than $100.

(b) Whoever violates §2113(1) of this Title shall be fined not less than 550 nor more than $100.

(c) Whoever violates §§2116(b) or (c) of this Title shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense occurring within 3 years of a prior conviction, the person shall be fined not less than $50 nor more than $230, or be imprisoned not less than 10 nor more than 30 days, or both.

(d) Whoever violates §2116(d) of this Title shall for the first offense be fined not less than $100 nor more than $300, or be imprisoned not less than 10 nor more than 30 days, or both. The period of imprisonment for a first offense may be suspended. For each subsequent like offense occurring within 3 years of a prior conviction, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days, or both. No person sentenced under this subsection as a repeat offender shall receive a suspended sentence.

(e) The Justice of the Peace Courts shall have jurisdiction over any violation of this Chapter, with the exception of subsection (1) of this Section."

Section 4. Amend §2212(t), Title 23, Delaware Code, by striking the second sentence, and by striking the phrase "unreasonably or unnecessarily endanger life, limb" and substituting in lieu thereof the words "may endanger the safety of persons".

Section 5. Amend §2215(c), Title 23, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(c) Whoever violates any of the provisions of this subchapter or any regulation promulgated thereunder, shall for the first offense be fined not less than $25 nor more than $50. For each subsequent like offense occurring within 12 months of a prior conviction, the person shall be fined not less than $50 nor more than $100.

(d) The Justice of the Peace Courts shall have jurisdiction over any violation of this subchapter."

Section 6. Amend §2221, Title 23, Delaware Code, by adding thereto a new subsection to read as follows:

"(d) It shall be a defense to any charge under subsection (c) of this section if the person so charged produces in Court a Certificate of Boating Safety Education theretofore issued to such person and valid at the time of arrest."

Section 7. Amend §2225, Title 23, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"(a) Whoever violates §2221(a) of this Title shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, the person shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed 6 months, or both.

(b) Whoever violates §2221(c) of this Title shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense, the person shall be fined not less than $50 nor more than $230, or be imprisoned not less than 10 nor more than 30 days, or both.

(c) The Justice of the Peace Courts shall have jurisdiction over any violation of this subchapter."

Section 8. Amend 2112, Title 23, Delaware Code, by redesignating paragraphs (3), (4), (5) and (6) as paragraphs (5), (6), (7) and (8), respectively, and by adding thereto two new paragraphs to read as follows:

"(3) Physical injury' means impairment of physical condition or substantial pain.

(4) Serious physical injury' means physical injury which creates a

substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.'"

Section 9. Amend §2116, Title 23, Delaware Code, by striking the title of said section and substituting in lieu thereof the following:

"§2116. Operation of noncomplying vessels prohibited; careless operation; inattentive operation; reckless operation; assault by vessel in the second degree; assault by vessel in the first degree."

Approved July 13, 1998