HB2978: Watercraft; maiming of another resulting from operating thereof while intoxicated.

HOUSE BILL NO. 2978
Offered January 10, 2007
Prefiled January 10, 2007
A BILL to amend the Code of Virginia by adding a section numbered 18.2-51.5, relating to maiming of another resulting from operating a watercraft while intoxicated; penalty.
Patron-- Bell

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-51.5 as follows:

§ 18.2-51.5. Maiming, etc., of another resulting from operating watercraft while intoxicated.

 Any person who, as a result of operating a watercraft, as defined in § 29.1-712, while intoxicated in violation of § 29.1-738 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be guilty of a Class 6 felony. Upon conviction under this section, such person's privilege to operate such watercraft shall be revoked. A conviction includes a finding of not innocent in the case of a juvenile.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.